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an additional six (6) months beyond the Search Period or Additional Child Care Search Period,
<br />as applicable (the "Alternate User Search Period"), Borrower shall make efforts to identify and
<br />lease the Premises to an tenant for any community-serving use that is acceptable to the City.
<br /> (f) If at the end of the Alternate User Search Period, the Borrower has not identified
<br />another user of the Premises, Borrower shall continue to make efforts to identify an alternate
<br />tenant providing a community-serving use. If the Borrower then identifies an alternate tenant
<br />providing a community serving use, the Borrower shall notify the City in writing and the City
<br />shall approve or disapprove such tenant within twenty (20) days of Borrower's notice, and the City's approval shall not be unreasonably withheld or conditioned. Failure by the City to approve
<br />or disapprove of such tenant within the twenty (20) day period shall be deemed City approval of
<br />such tenant. If the City disapproves the proposed tenant, the process for selection of the alternate
<br />tenant as described in this subsection (c) shall continue until such time as the City approves a
<br />tenant for the Premises.
<br />4.6 Tenant Financial Contribution. The Parties intend for the Childcare Provider to
<br />help finance the cost of the Project (the "Childcare Contribution"). The Childcare Contribution
<br />shall be established by Borrower and is intended to be in an amount that the Borrower
<br />determines is sufficient to cover Project costs in excess of the Loan amount. Borrower may terminate this Agreement upon written notice to the City if, prior to the date that Borrower commences construction on the Improvements, Borrower has not received the Childcare
<br />Contribution in an amount consistent with this paragraph and in no event less than $125,000 and
<br />in a form acceptable to Borrower. Excepting the Fifty Thousand Dollars ($50,000) in grant funds
<br />that Borrower has already obtained from the San Francisco Foundation, Borrower is not obligated to contribute or lend any funds to cover Project costs.
<br />4.7 Prevailing Wage Obligations. To the extent, and if, required by applicable federal
<br />and state laws, rules and regulations, Borrower and its contractors and agents shall comply with
<br />California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be responsible for
<br />carrying out the requirements of such provisions. Borrower shall submit to City and implement a
<br />plan for monitoring payment of prevailing wages. The cost of such plan shall be an eligible Loan
<br />cost.
<br /> Borrower shall indemnify, defend (with counsel approved by City) and hold the City, and
<br />its elected and appointed officers, officials, employees, agents, consultants, and contractors
<br />(collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense
<br />(including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit,
<br />judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by,
<br />arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection
<br />with, or relate to, the payment or requirement of payment of prevailing wages or the requirement
<br />of competitive bidding in the construction of the Project, the failure to comply with any state or
<br />federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Borrower related to this
<br />Agreement with respect to the payment or requirement of payment of prevailing wages or the
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