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<br />4859-3312-3005v3
<br />Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable due to
<br />financing sources for the Project, with the federal Davis Bacon Act and implementing
<br />regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be
<br />responsible for carrying out the requirements of such provisions. To the greatest extent allowed
<br />by law, Lessee shall indemnify, defend (with counsel approved by Lessor) and hold the
<br />Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in
<br />part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by,
<br />arise in connection with, or relate to, the payment or requirement of payment of prevailing wages
<br />(including without limitation, all claims that may be made by contractors, subcontractors or other
<br />third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of
<br />competitive bidding in connection with the Project, the failure to comply with any state or
<br />federal labor laws, regulations or standards in connection with this Lease, including but not
<br />limited to the Prevailing Wage Laws, or any act or omission of Lessee related to this Lease with
<br />respect to the payment or requirement of payment of prevailing wages or the requirement of
<br />competitive bidding, whether or not any insurance policies shall have been determined to be
<br />applicable to any such Claims. The provisions of this Section shall survive the expiration or
<br />earlier termination of this Lease.
<br />Section 9.5 Compliance with Laws. Lessee shall carry out and shall cause its
<br />contractors and subcontractors to carry out the rehabilitation of the Project, and shall operate the
<br />Project in conformity with all applicable federal, state and local laws, rules, ordinances and
<br />regulations (“Applicable Laws”), including without limitation, all applicable federal and state
<br />labor laws and standards, Section 3 of the Housing and Community Development Act of 1974,
<br />as amended (if applicable), applicable provisions of the California Public Contracts Code (if
<br />any), the City’s zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, all other provisions of the City’s Municipal Code, and all applicable disabled
<br />and handicapped access requirements, including without limitation, the Americans with
<br />Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq.,
<br />Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section
<br />51, et seq.. To the greatest extent allowed by law, Lessee shall indemnify, defend (with counsel
<br />approved by Lessor) and hold harmless the Indemnitees from and against any and all Claims
<br />arising in connection with the breach of Lessee’s obligations set forth in this Section whether or
<br />not any insurance policies shall have been determined to be applicable to any such Claims. This
<br />Section shall survive the expiration or termination of this Lease.
<br />Section 9.6 Affordability and Use Restrictions. Lessee hereby covenants and agrees
<br />that the Leased Premises shall be used solely for the operation of a multifamily senior housing
<br />development in compliance with the requirements set forth herein and in the Regulatory
<br />Agreement. The Regulatory Agreement sets forth requirements pertaining to Tenant income
<br />and other eligibility requirements, maximum rents that may be charged to residents of the
<br />Project, limitations on rent increases, and other matters pertaining to use and occupancy of the
<br />Project. Lessee shall comply with all such requirements.
<br />Section 9.7 Preference for City of Pleasanton Residents and Employees. Lessee shall
<br />comply with the requirements set forth in Section 3.9.1 of the Regulatory Agreement, subject to
<br />the application of Applicable Rules and Regulations (as defined in the Regulatory Agreement).
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