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maintenance and repair costs necessary to meet the Standard of Maintenance or to fund any <br />items for which the Furnishings Reserve Account is designated. Funds held in the Capital <br />Reserve Account shall be expended only in accordance with a schedule of capital <br />improvements as agreed to in an annual budget reasonably approved both by Tenant and <br />Landlord, but in no event shall funds from the Capital Reserve Account be expended at any <br />time until the Facility has been open for business for three (3) full calendar years. <br />Disbursements from the Capital Reserve Account shall be made only by joint signatures of <br />Landlord and Tenant. Upon termination of the Lease, all funds remaining in the Capital <br />Reserve Account shall be remitted to Landlord. Nothing in this Section shall be construed as <br />a limitation on Tenant's obligations under other provisions of this Lease. <br />Section 7.4 Landlord's Responsibility <br />Except as expressly provided in this Lease, Landlord shall have no responsibility for <br />the operation, maintenance or repair of the Premises or Improvements. <br />ARTICLE VIII <br />INDEMNIFICATION <br />Section 8.1 Indemnification by Tenant <br />Except as otherwise provided herein, Tenant hereby agrees to indemnify, defend, <br />protect and hold Landlord, its officers, agents, and employees harmless from and against any <br />and all claims, losses, damages, expenses, or liabilities arising after the Commencement Date <br />from (a) Tenant's management and/or operation of the Facility, (b) the use, generation, <br />storage, release, threatened release, or disposal of Hazardous Materials during the Term, <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 37 <br />2574001\313983.8 <br />