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<br />carrying out the requirements of such provisions. Owner is solely responsible for determining <br />whether Prevailing Wage Laws apply to the Project. <br /> <br />Owner shall indemnify, defend (with counsel reasonably approved by Agency) and hold <br />the Agency, the City, and their respective elected and appointed officers, officials, employees, <br />agents, and representatives (collectively, the "Indemnitees") harmless from and against all <br />liability, loss, cost, expense (including without limitation attorneys' fees and costs oflitigation), <br />claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, <br />order, and damage (all ofthe foregoing collectively "Claims") which directly or indirectly, in <br />whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to <br />be caused by, arise in connection with, or relate to, the payment or requirement of payment of <br />prevailing wages or the requirement of competitive bidding in the construction of the Project, the <br />failure to comply with any state or federal labor laws, regulations or standards in connection with <br />this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of <br />Owner related to this Agreement with respect to the payment or requirement of payment of <br />prevailing wages or the requirement of competitive bidding, whether or not any insurance <br />policies shall have been determined to be applicable to any such Claims. It is further agreed that <br />Agency and City do not and shall not waive any rights against Owner which they may have by <br />reason of this indemnity and hold harmless agreement because of the acceptance by Agency or <br />City, or Owner's deposit with Agency of any of the insurance policies described in this <br />Agreement. The provisions ofthis Section 3.9 shall survive the expiration or earlier termination <br />of this Agreement and the issuance of a Certificate of Completion for the Project. <br /> <br />ARTICLE IV <br /> <br />FINANCIAL ASSISTANCE <br /> <br />4.1 Agency Loan. Using funds from the Low- and Moderate-Income Housing Fund <br />that the Agency maintains pursuant to CRL Sections 33334.2, the Agency shall provide a loan <br />("Agency Loan") to Owner in the amount of Five Hundred Thirty-eight Thousand Sixty-seven <br />Dollars ($538,067) pursuant to a loan agreement substantially in the form attached hereto as <br />Exhibit C (the "Agency Loan Agreement"). The Agency Loan shall be evidenced by a <br />promissory note (the "Agency Note") executed by Owner as Borrower, and shall be secured by a <br />deed of trust (the "Agency Deed of Trust") executed by Owner as Trustor and recorded against <br />the Property subordinate only to such liens as Agency shall approve in writing. The Agency <br />shall provide no other financing or other assistance to the Owner or the Project. Owner <br />acknowledges and agrees that (i) the Project shall be Rent-Restricted to eligible households of <br />very low- and extremely low-income pursuant to the terms and conditions ofthe Regulatory <br />Agreement, and (ii) Agency is under no obligation to provide assistance to Owner Of to provide <br />assistance to the occupants of the Rent-Restricted Units in greater than the amount set forth in <br />this Section. <br /> <br />4.2 City Loan. Using funds from the Alameda County HOME Consortium pursuant <br />to the HOME Investment Partnership Act as established by the National Affordable Housing Act <br />of 1990 (42 USCA ~ 12471, et seq.) and payments under the McKinney-Vento Homeless <br /> <br />818642.2 <br /> <br />8 <br />