Agmt19 YMCA of Sillicon Valley Master Project Agmt.

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underground damage, in an amount not less than One Million Dollars ($1,000,000). All of such insurance shall insure the performance by Landlord of the indemnity agreement as to liability for injury to or death of persons and damage to property set forth in Section 21(b). All of such insurance shall be noncontributing with any insurance, which may be carried by Tenant and shall contain a provision that Tenant, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Tenant, its agents and employees, or the property of such persons. As an alternative to the above, Landlord may insure the Non -Exclusive Common Area under a blanket insurance policy covering other properties owned by Landlord. (d) The limits and coverage of all insurance set forth herein shall be adjusted on every Tenth (10th) anniversary of the Commencement Date during the Term by increasing the limits according to increases in CPI (San Francisco) rounded to the nearest $100,000. Upon the issuance thereof, each insurance policy or a duplicate or certificate thereof shall be delivered to Landlord, Tenant and Lender, as the case may be. Nothing herein shall be construed to limit the right of Lender to cause Tenant to carry or procure other insurance covering the same or other risks in addition to the insurance specified in this Lease. (e) All amounts that shall be received under any insurance policy specified in subsections (a) — (c) above shall be first applied to the payment of the cost of repair, reconstruction or replacement of any buildings or improvements, or furniture, fixtures, equipment and machinery, that is damaged or destroyed. 20. Mechanics' and Other Liens. (a) Tenant shall promptly discharge or remove by bond or otherwise prior to foreclosure thereof any and all mechanics', materialmen's and other liens for work or labor done, services performed, materials, appliances, teams or power contributed, used or furnished to be used in or about the YMCA Site for or in connection with any construction of the New YMCA, which Tenant may make or permit or cause to be made, or any future work or construction by, for or permitted by Tenant on or about the New YMCA, and to indemnify, save and hold Landlord and all of the YMCA Site and all buildings and improvements thereon free and harmless of and from any and all such liens and claims of liens and suits or other proceedings pertaining thereto. Tenant covenants and agrees to give Landlord written notice not less than Twenty (20) days in advance of the commencement of any construction, alteration, addition, improvement or repair costing in excess of One Million Dollars ($1,000.000.00) in order that Landlord may post appropriate notices of Landlord's non - responsibility. (b) Tenant shall have the right to contest the amount or validity of any lien of the nature set forth in this Section 20 or the amount or validity of any tax, assessment, charge, or other item to be paid by Tenant under Section 6 (Taxes and Assessments) hereof by giving Landlord written notice of Tenant's intention to do so within Twenty (20) days after the recording of such lien or at least Ten (10) days prior to the delinquency of such tax, assessment, charge, or other item, as the case may be. In any such case, Tenant shall not be in default ATTY/AGR/2019.316/YMCA MASTER PROJECT AGREEMENT Page 42 of 108