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<br />Section 8.3 Proceeds of Insurance.
<br />(a) All fire and standard risk or extended coverage (casualty) insurance
<br />proceeds shall be applied to the payment of the costs of repairing or rebuilding that part of the
<br />Leased Premises damaged or destroyed, provided that the extent of the Lessee's obligation to
<br />restore the Leased Premises shall be limited to the amount of the insurance proceeds.
<br />(b) If the Improvements are not repaired or rebuilt, all such proceeds shall be
<br />paid to Lessor.
<br />(c) All insurance proceeds received under the policies set forth in this Article
<br />6 shall be paid to Lessee, provided that Lessee agrees that it shall apply such proceeds for
<br />reconstruction or repair of the Improvements unless such repair or reconstruction is not
<br />economically feasible.
<br />Section 8.4 Limitation of Liability.
<br />(a) In addition to any other indemnities provided in this Ground Lease, Lessee
<br />shall indemnify, protect, defend (with counsel reasonably acceptable to Lessor), and hold
<br />harmless the Indemnitees from and against all Claims arising out of, attributable to or otherwise
<br />occasioned, in whole or in part, by (i) any breach of Lessee’s representations and warranties or
<br />Lessor's obligations under this Ground Lease, or (ii) the operation of the Leased Premises, except
<br />to the extent any such Claim arises from the active negligence or willful misconduct of Lessor or
<br />the Indemnitees.
<br />(b) In addition to any other indemnities provided in this Ground Lease, Lessor
<br />shall indemnify, protect, defend (with counsel reasonably acceptable to Lessee), and hold
<br />harmless Lessee, its officers, employees, agents, contractors, servants, directors, members or
<br />partners from and against all Claims arising out of, attributable to or otherwise occasioned, in
<br />whole or in part, by any breach of Lessor's representations and warranties or Lessor's obligations
<br />under this Ground Lease, except to the extent any such Claim arises from the active negligence
<br />or willful misconduct of Lessee or its officers, employees, agents, contractors, servants,
<br />directors, members or partners.
<br />(c) The provisions of this Section 8.4 shall survive the expiration or
<br />termination of this Ground Lease.
<br />ARTICLE 9.
<br />MAINTENANCE, ALTERATIONS, REPAIRS AND REPLACEMENTS
<br />Section 9.1 Maintenance of Leased Premises and Landscaping. During the Term,
<br />at Lessee's sole cost and expense, Lessee shall keep and maintain the Leased Premises, all
<br />Improvements hereafter developed, and all appurtenances thereunto belonging, in good and safe
<br />order, condition and repair, free of debris, waste, and graffiti, in compliance with the terms of all
<br />applicable provisions of the San Leandro Municipal Code, and in accordance with the standard
<br />of maintenance of high quality apartment projects within the Bay Area region. To accomplish
<br />the maintenance, Lessee shall either staff or contract with and hire licensed and qualified
<br />personnel to perform the maintenance work, including the provision of labor, equipment, DRAFT
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