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5.06. Insurance Proceeds. The proceeds of any and all policies of insurance
<br />upon th-- improvements on the Commission Property maintained pursuant to Section 5.02
<br />remaining after any required payment to any mortgagee shall be used as a trust fund toward the
<br />repair, reconstruction, replacement or rebuilding of said improvements. Accordingly, all such
<br />policies of insurance shall provide that all proceeds payable at any time under such policies shall
<br />be paid to the Commission for the benefit of the Commission, CHA and any mortgagee. All
<br />such insurance proceeds deposited with the Commission remaining after any required payments
<br />to any mortgagee shall be disbursed in the manner and upon the conditions customarily
<br />applicable to construction loans for the payment of the costs of repairing, reconstructing,
<br />replacin,; and restoring any improvements. If the insurance proceeds shall exceed the cost of
<br />repairing; or rebuilding the improvements, the trustee shall pay the balance remaining after
<br />payment of such costs shall be the property of the Commission.
<br />The Commission, CHA and any mortgagee shall cooperate fully in collecting
<br />such insurance proceeds and will execute and deliver any and all proofs, receipts, releases and
<br />other in,, truments whatsoever as may be necessary or proper for such purpose.
<br />5.07. General Provisions. In the event CHA shall fail or refuse to obtain any
<br />insurance required by this Section 5, the Commission, in addition to any other right the
<br />Commission may have under this Agreement, at law or in equity, shall have the right to obtain
<br />such insurance. The cost of such insurance shall constitute a debt payable to the Commission
<br />upon demand of CHA by the Commission.
<br />f . Mechanics' Liens; Indemnification, Nonliability.
<br />6.01. Mechanics' Liens. CHA shall promptly after the filing thereof discharge
<br />of record, at CHA's expense, any mechanic's, materialmen's or other lien, or notice of intention
<br />to file my such lien, filed against the Commission Property or any part thereof or interest
<br />therein; provided that CHA shall have the right to contest the validity of any such lien in any
<br />manner permitted by law so long as CHA (i) obtains title insurance, an indemnity, bond or other
<br />assurance or security reasonably satisfactory to the Commission, and (ii) shall thereafter
<br />diligently proceed to cause such lien or notice of intention to file a lien to be removed and
<br />discharged. If CHA shall fail to discharge, or to seek to discharge, any such lien or notice of
<br />intention to file a lien, then the Commission may, but shall not be obligated to, discharge the
<br />same, either by paying the amount claimed to be due, or by procuring the discharge of such lien
<br />by depo >iting in court a bond for the amount claimed or in such other manner as is or may be
<br />permitted by law, and CHA shall reimburse and indemnify the Commission with respect thereto.
<br />6.02. Indemnification by CHA. Regardless of whether or not caused or alleged
<br />to be caused by the several, joint, concurrent or comparative negligence, but not sole negligence,
<br />of the Commission, CHA shall, at its sole cost and expense, indemnify and save harmless the
<br />Commission, against and from any and all claims, damages, losses, fines, penalties, liability,
<br />costs and/or expenses (including but not limited to reasonable attorneys' fees) arising from (i)
<br />CHA's possession, use or control of the Commission Property or any part thereof, (ii) any
<br />condition of the Commission Property or any part thereof, (iii) any breach or default on the part
<br />of CHA in the performance of any covenant or agreement on the part of CHA to be performed
<br />pursuant to the terms of this Agreement, (iv) any willful or negligent act or omission of CHA, or
<br />any of its agents, contractors, licensees, subtenants or its or their servants, employees, customers
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