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default has occurred and is continuing, or specifying each such default or event of default of
<br />which Landlord or Tenant may have knowledge, it being intended that any such statement may
<br />be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of
<br />Landlord or Tenant in their respective premises described herein,
<br />16. INDEMNITY: Tenant shall indemnify, defend, and hold harmless Landlord from and
<br />against any and all liability, loss, damage, expense, and costs (including attorney's fees) due to
<br />bodily injury, including death, to any person, or loss or damage (including loss of use) to any
<br />property, caused by the negligence or willful misconduct of Tenant, its employees,
<br />representatives, or agents in connection with this Lease.
<br />17. INSURANCE: Throughout the Term or any Extension Period, Tenant shall maintain
<br />Insurance as described below:
<br />a. Commercial General Liability Insurance: Commercial general liability
<br />insurance for injury to person (including death) or damage to property occurring within the
<br />building arising out of the use and occupancy thereof by Tenant, its licensees, employees,
<br />invitees, agents and customers. The amounts of insurance shall be not less than the following:
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom,
<br />and property damage, in the total amount of $2,000,000 per occurrence and $5,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s); (b) be primary and not contributory with respect to
<br />insurance or self-insurance programs maintained by the City; and (c) contain standard separation
<br />of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a
<br />combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance. In accordance with the provisions of
<br />Section 3300 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured
<br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing
<br />the performance of the work under this Agreement, Tenant agrees to obtain and maintain any
<br />employer's liability insurance with limits not less than $1,000,000 per accident.
<br />d. Property Insurance, Tenant shall maintain not less than $1,000,000 Fire
<br />Legal liability on all real property being leased, including improvements and betterments owned
<br />by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire
<br />insurance on all personal property contained within or on the leased premises. The policy must
<br />be written on an "all risks" basis, excluding earthquake and flood. The Tenant shall name the
<br />Landlord as additional insured.
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