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(collectively "Liabilities") arising directly or indirectly in any manner in connection with <br /> or as a result of (a) any breach of Owner's covenants under the Loan Documents, (b) <br /> any failure of Owner's representations and warranties to be true and correct in all <br /> material respects when made, (c) injury or death to persons or damage to property or <br /> other loss occurring on the Property, whether caused by the negligence or any other act <br /> or omission of Owner or any other person or by negligent, faulty, inadequate or <br /> defective design, building, construction or maintenance or any other condition or <br /> otherwise, or (d) any claim, demand or cause of action, or any action or other <br /> proceeding, whether meritorious or not, brought or asserted against any Indemnitee <br /> which relates to or arises out of the Property, the Project, the Loan, the Loan <br /> Documents, or any transaction contemplated thereby, or any failure of Owner to comply <br /> with all applicable state, federal and local laws and regulations, including without <br /> limitation, applicable provisions of the California Building Standards Code, the <br /> Prevailing Wage Laws, and the Americans with Disabilities Act in connection with the <br /> construction or operation of the Project, provided that no Indemnitee shall be entitled to <br /> indemnification under this Section 4.6 for matters caused by such Indemnitee's gross <br /> negligence or willful misconduct. The obligations of Owner under this Section shall <br /> survive the expiration or termination of this Agreement. <br /> 4.6 PREVAILING WAGES. Owner shall pay and shall cause Owner's <br /> contractor and subcontractors to pay prevailing wages in the construction of the Project <br /> as those wages are determined pursuant to Labor Code Section 1720 et seq. and the <br /> regulations adopted pursuant thereto ("Prevailing Wage Laws") and shall comply or <br /> shall cause the contractor and subcontractors to comply with all other applicable <br /> provisions of the Prevailing Wage Laws. Owner shall maintain or shall cause the <br /> contractor and subcontractors to maintain such records as are necessary to determine if <br /> prevailing wages have been paid as required pursuant to the Prevailing Wage Laws <br /> during the construction of the Project. Owner shall cause the contractor to post at the <br /> Property the applicable prevailing rates of per diem wages. Owner shall indemnify, <br /> defend (with counsel approved by City) and hold the Indemnitees harmless from and <br /> against all Liabilities which directly or indirectly, in whole or in part, are caused by, arise <br /> in connection with, result from, relate to, or are alleged to be caused by, arise in <br /> connection with, or relate to, the payment or requirement of payment of prevailing <br /> wages (including without limitation, all claims that may be made by contractors, <br /> subcontractors or other third party claimants pursuant to Labor Code sections 1726 and <br /> 1781), the failure to comply with all applicable state and federal labor laws, regulations <br /> and standards in connection with the construction of the Project, including but not <br /> limited to the Prevailing Wage Laws, or any act or omission of Owner or Owner's <br /> contractors and subcontractors with respect to the payment or requirement of payment <br /> of prevailing wages, whether or not any insurance policies shall have been determined <br /> to be applicable to any such Claims. It is further agreed that City does not, and shall not, <br /> waive any rights against Owner which it may have by reason of this indemnity and hold <br /> harmless agreement because of the acceptance by City, or the deposit with City, of any <br /> of the insurance policies described in this Agreement. The provisions of this Section <br /> shall survive the expiration or termination of this Agreement. <br /> Public Wi-Fi Installation 7 <br /> Loan Agreement <br />