Housing Consortium of the East Bay Ground Lease 20231030

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27 pay to the Lessor all reasonable expenses incurred by the Lessor in the performance of such maintenance. Section 9.3 Alterations to Leased Premises. Lessee may make any additions, alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the Improvements subject to the prior approval of the Lessor, which approval shall not be unreasonably withheld, however, to the following conditions: (a) No Alterations shall be made that would tend to impair the structural soundness of the Improvements; (b) No Alterations shall be undertaken that are prohibited by, or would cause the Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any Legal Requirements; (c) No Alterations shall be undertaken until Lessee shall have procured, to the extent the same may be required from time to time, all permits and authorizations of all applicable Governmental Authorities, and the consent of Lessor. Lessor shall join in the application for such permits or authorizations whenever such action is necessary or helpful and is requested by Lessee, and shall use Lessor's reasonable efforts to obtain such permits or authorization; and (d) Any Alterations shall be performed in good, skillful and professional manner and in compliance with all applicable Legal Requirements and all applicable Insurance Requirements. (e) Any and all Alterations are consistent with the use of the Leased Premises as authorized under this Ground Lease. Section 9.4 Indemnifications. Except with respect to the indemnifications concerning Hazardous Materials which are addressed in Section 10.2 of this Ground Lease, notwithstanding any other provision of this Ground Lease to the contrary, and in addition to any other indemnities provided in this Ground Lease, to the fullest extent permitted by law, Lessee hereby agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to Lessor) the Indemnitees from and against any and all Claims, to the extent arising from or relating to Lessee's obligations under this Ground Lease or the construction or operation of the Improvements or any Alterations except to the extent any such Claim arises from the active negligence or willful misconduct of the Indemnitees. In addition and subject to the limitations set forth herein, if any contractor or subcontractor which performed any construction work for Lessee or Lessee's affiliates on the Improvements or Alterations shall assert any claim against Lessor on account of any damage alleged to have been caused by reason of acts of negligence of Lessee or Lessee's affiliates, members, partners, officers, directors, affiliates, agents, employees or construction contractors, Lessee shall defend at its own expense any suit based upon such claim; and if any judgment or claim against Lessor shall be allowed, Lessee shall pay or cause to be paid or satisfied such judgment of claim and pay all costs and expenses in connection therewith to the extent such claim results from the acts of negligence alleged against Lessee. DocuSign Envelope ID: 6E2EA799-6D74-41E3-B3EE-3CD67DC0ACD0