Housing Consortium of the East Bay Ground Lease 20231030

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25 Lessor. Lessee shall furnish the required certificates and endorsements to Lessor prior to the commencement of rehabilitation or construction work on the Project and shall provide Lessor with certified copies of the required insurance policies upon request of Lessor. (f) Any deductibles or self-insured retentions shall be declared to, and be subject to approval by, Lessor's Risk Manager. At the option of and upon request by Lessor's Risk Manager if the Risk Manager determines that such deductibles or retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or self-insurance retentions as respects the Indemnitees or Lessee shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. Section 8.3 Proceeds of Insurance. (a) All fire and standard risk or extended coverage (casualty) insurance proceeds shall be applied to the payment of the costs of repairing or rebuilding that part of the Leased Premises damaged or destroyed, provided that the extent of the Lessee's obligation to restore the Leased Premises shall be limited to the amount of the insurance proceeds. (b) If the Improvements are not repaired or rebuilt, all such proceeds shall be paid to Lessor. (c) All insurance proceeds received under the policies set forth in this Article 6 shall be paid to Lessee, provided that Lessee agrees that it shall apply such proceeds for reconstruction or repair of the Improvements unless such repair or reconstruction is not economically feasible. Section 8.4 Limitation of Liability. (a) In addition to any other indemnities provided in this Ground Lease, Lessee shall indemnify, protect, defend (with counsel reasonably acceptable to Lessor), and hold harmless the Indemnitees from and against all Claims arising out of, attributable to or otherwise occasioned, in whole or in part, by (i) any breach of Lessee’s representations and warranties or Lessor's obligations under this Ground Lease, or (ii) the operation of the Leased Premises, except to the extent any such Claim arises from the active negligence or willful misconduct of Lessor or the Indemnitees. (b) In addition to any other indemnities provided in this Ground Lease, Lessor shall indemnify, protect, defend (with counsel reasonably acceptable to Lessee), and hold harmless Lessee, its officers, employees, agents, contractors, servants, directors, members or partners from and against all Claims arising out of, attributable to or otherwise occasioned, in whole or in part, by any breach of Lessor's representations and warranties or Lessor's obligations under this Ground Lease, except to the extent any such Claim arises from the active negligence or willful misconduct of Lessee or its officers, employees, agents, contractors, servants, directors, members or partners. (c) The provisions of this Section 8.4 shall survive the expiration or termination of this Ground Lease. DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0