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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
<br />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
<br />terminate this Agreement upon written notice to the City if, prior to the date that Borrower
<br />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
<br />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
<br />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
<br />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
<br />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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