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keep the Premises free from litter, graffiti, peeling paint, unkempt landscaping and other <br />unsightly features as reasonably determined by the City or by City's Community <br />Development Department, Economic Development Division, Building Division or other City <br />of San Leandro department. <br />4.4 Reserved. <br />4.5 ACCOUNTING RECORDS: PROPERTY INSPECTION. Owner shall <br />maintain accurate books and records with respect to the completion of the Project and the <br />use of the Loan Proceeds and shall permit the City, during business hours and upon <br />reasonable notice to inspect, audit and examine such books and records and to inspect the <br />Premises during normal business hours upon reasonable notice. <br />4.6 COMPLIANCE WITH LAWS. Owner shall comply with all federal, state and <br />local laws, regulations, ordinances and rules applicable to the Premises and the Project, <br />including without limitation, all applicable requirements of state and local building codes and <br />regulations, and all applicable statutes and regulations relating to accessibility for the <br />disabled. <br />4.7 INSURANCE. Owner shall maintain and keep in force at Owner's expense, <br />insurance coverage with respect to the Project and the Premises in accordance with the <br />requirements set forth in Exhibit D attached hereto and incorporated herein. Owner shall <br />require all third -party contractors engaged in work on the Project to maintain insurance in <br />accordance with the requirements set forth in Exhibit D. <br />4.8 INDEMNIFICATION. Owner shall indemnify, defend (with counsel reasonably <br />acceptable to City), and hold harmless the City and its elected and appointed officials, <br />officers, agents, and employees (collectively the Indemnitees"), from and against, and <br />shall pay on demand, any and all losses, liabilities, damages, costs, claims, demands, <br />penalties, fines, orders, judgments, injunctive or other relief, expenses and charges <br />(including attorneys' fees and expenses of attorneys) (collectively "Liabilities") arising <br />directly or indirectly in any manner in connection with or as a result of (a) any breach of <br />Owner's covenants under the Loan Documents, (b) any failure of Owner's representations <br />and warranties to be true and correct in all material respects when made, (c) injury or death <br />to persons or damage to property or other loss occurring on the Premises, whether caused <br />by the negligence or any other act or omission of Owner or any other person or by <br />negligent, faulty, inadequate or defective design, building, construction or maintenance or <br />any other condition or otherwise, or (d) any claim, demand or cause of action, or any action <br />or other proceeding, whether meritorious or not, brought or asserted against any <br />Indemnitee which relates to or arises out of the Premises, the Project, the Loan, the Loan <br />Documents, or any transaction contemplated thereby, or any failure of Owner to comply <br />with all applicable state, federal and local laws and regulations, including without limitation, <br />applicable provisions of the California Building Standards Code, the Prevailing Wage Laws, <br />and the Americans with Disabilities Act in connection with the construction or operation of <br />the Project, provided that no Indemnitee shall be entitled to indemnification under this <br />Section 4.8 for matters caused by such Indemnitee's gross negligence or willful misconduct. <br />The obligations of Owner under this Section shall survive the expiration or termination of <br />this Agreement. <br />6 <br />