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<br />insurance proceeds and (iii) the City Loan Documents permits such repair or rebuilding, provided
<br />that the extent of the Lessee's obligation to restore the Project shall be limited to the amount of
<br />the insurance proceeds and.
<br />
<br />If the property is not repaired or rebuilt, all such proceeds shall be applied in a
<br />manner consistent with the terms of the Other Loans, the City Loan and the City HELP Loan.
<br />
<br />(b) All insurance proceeds received under the policies set forth in this
<br />Article 5 shall be paid to the Lessee, provided that the Lessee shall apply such proceeds, to the
<br />extent possible, for reconstruction or repair in a manner consistent with the provisions of
<br />Section 6.2.
<br />
<br />5.4 Innf':mnifi('~tl()n.
<br />
<br />The Lessor will not be liable for any loss, injury, death, or damage to persons or property
<br />that at any time may be suffered or sustained by the Lessee or by any person who may at any
<br />time be using, occupying, visiting, or leasing the Project or the Land, or any portion thereof,
<br />whether such loss, injury, death, or damage shall be caused by or in any way result from or arise
<br />out of any act, omission, or negligence of the Lessee or of any occupant, tenant, visitor, or use of
<br />any portion ofthe Project or Land, or shall result from or be caused by any other matter or thing
<br />whether of the same kind as or of a different kind than the manners or things set forth. The
<br />Lessee shall Indemnity the Lessor against all claims, liability, loss, or damage whatsoever on
<br />account of any such loss, injury, death or damage. The Lessee waives all claims against the
<br />Lessor for damages to the Improvements that are not on or hereafter placed or built on the Land
<br />and to the property of the Lessee in, on, or about the Land, and for injuries to persons or property
<br />in or about the Land, from any cause arising at any time. The three preceding sentences will not
<br />apply to loss, injury, death, or damage arising by reason of a pre-existing condition or by reason
<br />of the negligence or misconduct ofthe Lessor, its agents, or employees.
<br />5.5 H~7~r(km~ MMp.ri~l" Inclp.mninr.::Itlon.
<br />
<br />(a) neJlnitlon ()fH::17::1rrl(m~ MMpr1::Il nT H::I7::1rn.Olll:;. Sllh~t::ln('p.". As used in
<br />this Section, Hazardous Materials or Hazardous Substances shall mean the following: hazardous
<br />substance, hazardous waste, infectious waste, or hazardous material as defined in any federal,
<br />state or local statute, ordinance, regulation, or rule app1icab]e to the Land, including the
<br />Comprehensive Environmental Response, Compensation and Liability Act of ]980 (42 U.S.c.
<br />Section 960] et seq.) or Sections 25280 et seq., 253] 0 et seq., 25] 10 et seq., or 25500 et seq. of
<br />the California Health and Safety Code at such time; any other waste, substance or material
<br />designated or regulated in any way as "toxic" or "hazardous" in the Resource Conservation and
<br />Recovery Act (42 U.S.C. Section 6901 et seq.), Federal Water Pollution Control Act (33 U.S.c.
<br />Section ]251 et seq.), Safe Drinking Water Act (42 U.S.c. Section 300fet seq.), Toxic
<br />Substances Control Act (15 U.S.c. Section 260] et seq.), Clean Air Act (42 U.S.C. Section 740]
<br />et seq.), California Health and Safety Code (Section 25] 00 et seq.), or California Water Code
<br />(Section] 3000 et seq.) at such time; and any additional wastes, substances or material which at
<br />such time are classified, considered or regulated as hazardous or toxic under any other present or
<br />future environmental or other similar laws relating to the Land, including asbestos, asbestos-
<br />containing materials, radon gas, oil or any fraction thereof of petroleum products, but excluding
<br />
<br />144\ 105\ 153233.23
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