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event of an emergency. In addition, City reserves the right to enter onto or into the Land <br />and Building to repair, maintain, improve, remove or replace the lighting and irrigation <br />controls, system components and related fixtures and equipment located on or in the Land <br />or Building and otherwise to exercise City's rights and remedies under this Lease. <br />9. Indemnification. WISTEC shall indemnify and hold City harmless against and from <br />liability and claims of any kind for loss or damage to the Land of WISTEC or any other <br />person, or for any injury or death of any person arising out of (a) WISTEC's access, use and <br />occupancy of the Land or Building, or any work, activity or other things allowed or suffered <br />by WISTEC to be done in, or about the Land or Building; (b) any breach or default by <br />WISTEC of any of WISTEC's obligations under this Lease including compliance with <br />zoning and use requirements; (c) any negligent or otherwise tortious act or omissions of <br />WISTEC, its agents, employees, invitees or contractors; or (d) the use or disposal of <br />hazardous materials on the Land or Building. WISTEC shall, at WISTEC's expense, and by <br />counsel satisfactory to City, defend City in any action or proceeding arising from such claim <br />and shall indemnify City for any losses or damages. Such indemnification shall include but <br />not be limited to the cost of defense of any legal claim, action, appeal or review arising out <br />of any such claim made by any third person. The foregoing indemnity shall survive the <br />expiration or earlier termination of this Lease. <br />10. Damage and Restoration. <br />10.1 If the Building is damaged or destroyed by fire or any other cause at any time during <br />the Lease term, and Section 10.2 does not apply, WISTEC shall promptly repair the <br />damage and restore the Building. The completed repair, restoration or replacement <br />shall be equal in value, quality and use to the condition of the Building immediately <br />before the damage. Repair shall be accomplished with all reasonable dispatch, <br />subject to interruptions and delays from labor disputes and other causes beyond <br />WISTEC's reasonable control. <br />10.2 If the Building is damaged such that the cost of restoration is reasonably estimated <br />by City to equal or exceed fifty percent (50 %) of the value of the Building prior to <br />the occurrence of the damages, then the parties shall proceed as follows: <br />10.2.1 City may elect to terminate this Lease or require WISTEC to repair the <br />damage and restore the Building by giving written notice to WISTEC within <br />thirty (30) days following the date of damage. <br />10.2.2 If City elects to require WISTEC to repair the damage and restore the <br />Building, the completed repair, restoration or replacement shall be equal in <br />value, quality and use to the condition of the Building immediately before <br />the damage. Repair shall be accomplished with all reasonable dispatch, <br />subject to interruptions and delays from labor disputes and other causes <br />beyond WISTEC's reasonable control. <br />GROUND LEASE - 4 <br />