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Owner hereby agrees to defend, indemnify and hold harmless Agency, City and their
<br />officers, representatives, agents and employees from and against any and all liability, damages,
<br />costs, losses, claims and expenses, however caused, resulting directly or indirectly from or
<br />connected with Owner's performance of this OPA and/or the operation and maintenance of
<br />Owner's Property, including, but not limited to, such liability, cost, damage, loss, claim or
<br />expense arising from (i) the death of and/or injury to any agent, contractor, subcontractor, or
<br />employees of Owner, Agency or City; or (ii) damage to the property of Owner, any contractor,
<br />subcontractor, Agency or City; except where such liability, damage, cost, loss, claim or expense
<br />is caused solely by the negligent or wrongful acts of Agency, City or any of their agents or
<br />employees.
<br />9.2 Insurance Required. In addition to the provisions of Section 9.1, Owner shall maintain
<br />in force until the later of (a) issuance of a Certificate of Compliance, (b) completion of the
<br />Publicly Funded Irnprovenrents, or (c) release of the deed of trust securing the Conditional Loan,
<br />for such Property, a policy of general liability insurance in which Agency, City and their officers,
<br />agents, representatives and employees are named as additional insureds. The policy shall
<br />indemnify Agency, City and their officers, representatives, agents and employees, while acting
<br />within the scope of their duties under this OPA, against any and all claims arising -out of or in
<br />compaction with perfonrance of Owner's obligations under this OPA. The policy shall provide
<br />coverage in an amount of not less than $1 million per occurrence, combined single limit, written
<br />on an occurrence fonn. Such policy shall specifically provide that any other insurance coverage
<br />that may be applicable to the loss shall be deemed excess coverage and that Owner's insurance
<br />shall be primary.
<br />No later than the Implementation Date, Owner shall furnish to Agency certificate of
<br />insurance and "additional insured endorsements," in a foran substantially similar to that attached
<br />as Exhibit "O".
<br />10. COMPLIANCE WITH LAWS.
<br />10.1 Local, State and Federal Laws. Owner shall carry out performance of its
<br />obligations under this OPA in compliance with all applicable laws, including all applicable state
<br />and federal labor standards.
<br />10.2 Non -Discrimination. Owner for itself and its successors and assigns agrees that
<br />in connection with this OPA, Owner will not discriminate against any employee or applicant for
<br />employment because of race, color, religion, sex, marital status, color, or national origin.
<br />Owner further agrees that all rentals shall be open to all regardless of race, sex, marital
<br />status, color, religion, national origin, ancestry or age, and that all rental agreements shall contain
<br />the applicable provisions of Health and Safety Code Section 33435.
<br />11. DEFAULT. Failure or delay by either party hereto to perform any material covenant or
<br />provision of this OPA that is to be observed or performed by such party within the time provided
<br />herein constitutes a default under this OPA. In such event, the injured party shall give written
<br />notice of default to the party in default, specifying the default complained of by the injured party.
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