Laserfiche WebLink
accordance with a schedule of capital improvements as agreed to in an annual budget reasonably <br />approved both by Tenant and Landlord, but in no event shall funds from the Capital Reserve <br />Account be expended at any time until the Facility has been open for business for three (3) full <br />calendar years. Disbursements from the Capital Reserve Account shall be made only by joint <br />signatures of Landlord and Tenant. Upon termination of the Lease, all funds remaining in the <br />Capital Reserve Account shall be remitted to Landlord. Nothing in this Section shall be <br />construed as 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 the <br />operation, maintenance or repair of the Premises, the Public Areas, the Site or the 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, protect <br />and hold Landlord, its officers, agents, and employees harmless from and against any and all <br />claims, losses, damages, expenses, or liabilities arising after the Commencement Date from (a) <br />Tenant's construction, management and/or operation of the Facility, (b) the use, generation, <br />storage, release, threatened release, or disposal of Hazardous Materials during the Term, whether <br />by Tenant or Tenant's permitted invitees, sublessees, agents, contractors, employees, or <br />licensees, and the cost of any required or necessary repair, cleanup, remediation, or <br />detoxification, and the preparation of any required plans resulting from such use, generation, <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT <br />002574.0001\409817.4 <br />PAGE 40 <br />