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correct (or cause General Contractor to correct) all Punch List Items within thirty (30) days after Substantial Completion of the Lessee Work.
<br />63.Operatjons/Use. Notwithstanding anything to tne contrary set forth in the Fonn Lease, Lesseeagrees that at all times , the Premises (nnd the navigation center ("Shelter")) shall� operated (a)In complete compliance with the attached Exhibit B, (b) In a first class manner, consistent withthe highest quality standards of care, cleanliness and safety for employees, guests, patients,Invitees and neighbors, and with proper levels of experienced management and staffing, to enablethe provisi.on of appropriate programs and assistance for homeless individuals in the City, and (c)In full compliance with all applicable loca� state and federal laws, rules and regulations.Furthermore, Lessee covenants and agrees that It (and any Third Party Operator) shall notdiscriminate against any person or group of persons on account of race, disability, color, creed,religion, seK., marital status, sexual orientation, national origin, or ancestry, in the use, occupancyt tenure, or enjoyment of the Shelter. Lessee (and any Third Party Operator) shall refrain fromrestricting the use of the Shelter on the basis of the race, age, disability, color, religion, creed,gender, sex, marital status, sexual orientation, ancestry, or national origin of any person, nor shallLessee, any Third Party Operator or any person claiming under or through Lessee or any ThirdParty Operator, establish or permit any such practice or practices of discrimination with referenceto the selection, location, number, use, or occupancy of the Shelter. Lessee and any Third PartyOperator shall comply wiU, the Occupational Safety and Health Act of 1970, 29 U,S.C. section65 I et seq., and the Americans with Disabiliti es Act of 1990, 42 U.S.C, section 12101 et seq,, andany analogous legislation in California (collectively, "the Acts"), to the extent that the Acts applyto the Shelter and any activities thereon. Without limiting the generality of the foregoing, Lesseecovenants to maintain all non-structural portions of the Shelter including working areas, allmachinery, electrical facilities and the like upon the site in a condition that fully compiles withthe requirements of the Acts.
<br />64.Indemnity. Lessee shall indemnify, protect, defend (with counsel satisfactory to Lessor) and holdhannless LeS!,or and the Released Parties, from and against any and all claims arising out of,involving, or in connection with, the use and/or occupancy of the Premises by Lessee, any ThirdParty Operator or any Lessee's or any Third Party Operator's employees, customers, patients,guests, invitees, directors, trustees, fiduciaries, representatives, agents, servants, subsidiaries,successors and assigns, and all persons, firms, corporations and organizations acting in theirbehalf of the Lessee and any Third Party Operator (collectively, "Lessee Parties") or any act,omission or negligence of any Lessee and/or any of the Lessee Parties or any Default and/orBreach by Lessee of any covenants, tenns and/or conditions set forth in this Lease, either prior Lo,during, or after the expiration of the Term and including any claims brought or arising out of anycivil tort or criminal activity; provided however, that the foregoing indemnification shall notapply to the extent arising out of the gross negligence or willful misconduct of Lessor or theReleased Parties. If any action or proceeding is brought against Lessor by reason of any of theforegoing matters, Lessee shall upon notice defend the same at Lessee's sole cost and expense bycounsel reasonably satisfactory to Lessor and Lessor shall reas onably cooperate wlth Lessee insuch defense. If Lessor In its sole discretion shall determine that it is in Lessor's interest to haveseparate legal counsel, Lessee shall indemnify Lessor for any legal fees and costs incurred byLessor 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 harmlessLessee and the Lessee Parties, from and against any and all claims arising out of, involving, or inconnection with, the gross negligence or willful misconduct of Lessor relating to tho Premiseseither prior to, during, or after the expiration of the Tenn and Including any claims brought or
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<br />12926447.1
<br />EXHIBIT 1
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