Agmt 2006 Mercy Housing California XXXIII (4)

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Lease Termination may, at the option of Landlord, be deemed to have been abandoned and either may be retained by Landlord as its property or may be disposed of in accordance with Applicable Law. If requested by Landlord within a reasonable time but not less than six months prior to the termination of this Lease, upon Lease Termination Tenant shall, at Tenant's sole cost and expense, remove all Personal Property, or portions thereof designated by Landlord. 7.3 Condition of Improvements at Lease Termination. Landlord has entered this Lease in reliance on the fact that, at Lease Termination, Landlord will receive from Tenant the Improvements in good condition and repair, reasonable wear and tear excepted and reflecting the age of the Improvements at such time and Landlord's willingness during the Term of this Lease to consent to the encumbrance of Tenant's interest in the Property for rehabilitation or reconstruction financing. At any time during the Term, upon reasonable advance notice and during normal business hours, Landlord may inspect the Project to confirm that it is being properly maintained as required herein. Following its inspection, Landlord may deliver to Tenant written notification of any portions of the Project which Landlord has determined is not being properly maintained and Tenant shall promptly comply with the provisions ofthis Lease regarding such items; provided, the failure of Landlord to inspect or to notify Tenant of any default hereunder shall not be a waiver of Landlord's right to enforce Tenant's maintenance and repair obligations hereunder. 7.4 Survival. The provisions of this Article 7 shall survive Lease Termination. ARTICLE VIII INSURANCE 8.1 Insurance. Tenant, at its sole cost and expense, throughout the Term hereof shall keep and maintain the policies of insurance pursuant to and in accordance with the requirements set forth in Section 5.11 of the DDA. ARTICLE IX INDEMNIFICATION BY TENANT Tenant shall indemnify, defend, protect and save Landlord and City and their respective elected and appointed officials, officer, employees, officers and agents (collectively hereafter the "Indemnitees") harmless from and against any and all claims, liabilities, losses, damages, fines, penalties, claims, demands, suits, actions, causes of action, judgments, costs and expenses (including without limitation reasonable attorneys' fees and court costs) (collectively "Claims") arising during the Term from conduct or management of or from any work or thing whatsoever done in or on the Property, and will further indemnify and save Indemnitees harmless from and against any and all Claims arising during the Term from any condition of any Improvement constructed or renovated by Tenant on the Property, or arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any negligence of Tenant, or any of its agents, contractors, servants, employees, sub lessees or licensees, or arising from any accident, injury or damage whatsoever caused to any person occurring during the Term in or on the Property, or from the furnishing of labor or materials by Tenant, and from and against all 833368-4 15