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correct (or cause General Contractor to correct) all Punch List Items within thirty (30) days after
<br />Substantial Completion of the Lessee Work.
<br />63. Operations/Use. Notwithstanding anything to the contrary set forth in the Form Lease, Lessee
<br />agrees that at all times, the Premises (and the navigation center ("Shelter")) shall be operated (a)
<br />In complete compliance with the attached Exhibit B, (b) In a first class manner, consistent with
<br />the highest quality standards of care, cleanliness and safety for employees, guests, patients,
<br />invitees and neighbors, and with proper levels of experienced management and staffing, to enable
<br />the provision of appropriate programs and assistance for homeless individuals in the City, and (c)
<br />In full compliance with all applicable local, state and federal laws, rules and regulations.
<br />Furthermore, Lessee covenants and agrees that it (and any Third Party Operator) shall not
<br />discriminate against any person or group of persons on account of race, disability, color, creed,
<br />religion, sex, marital status, sexual orientation, national origin, or ancestry, in the use, occupancy,
<br />tenure, or enjoyment of the Shelter. Lessee (and any Third Party Operator) shall refrain from
<br />restricting the use of the Shelter on the basis of the race, age, disability, color, religion, creed,
<br />gender, sex, marital status, sexual orientation, ancestry, or national origin of any person, nor shall
<br />Lessee, any Third Party Operator or any person claiming under or through Lessee or any Third
<br />Party Operator, establish or permit any such practice or practices of discrimination with reference
<br />to the selection, location, number, use, or occupancy of the Shelter. Lessee and any Third Party
<br />Operator shall comply with the Occupational Safety and Health Act of 1970, 29 U,S.C, section
<br />651 at seq., and the Americans with Disabilities Act of 1990, 42 U.S.C, section 12101 at seq„ and
<br />any analogous legislation in California (collectively, `the Acts"), to the extent that the Acts apply
<br />to the Shelter and any activities thereon. Without limiting the generality of the foregoing, Lessee
<br />covenants to maintain all non-structural portions of the Shelter including working areas, all
<br />machinery, electrical facilities and the like upon the site in a condition that fully complies with
<br />the requirements of the Acts.
<br />64. Indemnity. Lessee shall indemnify, protect, defend (with counsel satisfactory to Lessor) and hold
<br />harmless Lessor and the Released Parties, from and against any and all claims arising out of,
<br />involving, or in connection with, the use and/or occupancy of the Premises by Lessee, any Third
<br />Party Operator or any Lessee's or any Third Party Operator's employees, customers, patients,
<br />guests, invitees, directors, trustees, fiduciaries, representatives, agents, servants, subsidiaries,
<br />successors and assigns, and all persons, firms, corporations and organizations acting in their
<br />behalf of the Lessee and any Third Party Operator (collectively, "Lessee Parties") or any act,
<br />omission or negligence of any Lessee and/or any of the Lessee Parties or any Default and/or
<br />Breach by Lessee of any covenants, terms and/or conditions set forth in this Lease, either prior to,
<br />during, or after the expiration of the Term and including any claims brought or arising out of any
<br />civil tort or criminal activity; provided however, that the foregoing indemnification shall not
<br />apply to the extent arising out of the gross negligence or willful misconduct of Lessor or the
<br />Released Parties. If any action or proceeding is brought against Lessor by reason of any of the
<br />foregoing matters, Lessee shall upon notice defend the same at Lessee's sole cost and expense by
<br />counsel reasonably satisfactory to Lessor and Lessor shall reasonably cooperate with Lessee in
<br />such defense. If Lessor In its sole discretion shall determine that it is in Lessor's interest to have
<br />separate legal counsel, Lessee shall indemnify Lessor for any legal fees and costs incurred by
<br />Lessor for the defense of any such claims. Lessor need not have first paid any such claims in
<br />order to be defended or indemnified hereunder,
<br />Lessor shall indemnify, protect, defend (with counsel satisfactory to Lessee) and hold harmless
<br />Lessee and the Lessee Parties, from and against any and all claims arising out of, involving, of in
<br />connection with, the gross negligence or willful misconduct of Lessor relating to the Premises
<br />either prior to, during, or after the expiration of the Term and Including any claims brought or
<br />12926447.1
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