|
EXHIBIT "G"
<br />INSURANCE REQUIREMENTS
<br />1. Policies. -
<br />1.1 Property Insurance. At all times during the Term of this Lease, Tenant shall procure and maintain, at its sole expense, "All -
<br />Risk" (and at Landlord's option earthquake, earthquake sprinkler leakage and/or flood) property insurance, in an amount not less than one hundred
<br />percent (100%) of replacement cost covering: (a) all Leasehold Improvements (b) all floor and wall coverings; and (c) all Tenants Personal Property
<br />in or about [lie Premises and Project. The proceeds of such insurance shall be used for the repair and replacement of the property so insured, except
<br />that if not so npplied or if this Lease is terminated following a casualty, the proceeds applicable to the Leasehold Improvements shall be paid to
<br />Landlord and the proceeds applicable to Tenant's Personal Property shall be paid to Tenant
<br />1.2 Business Interruption Insurance. At all times during the Term of this Lease, Tenant shall procure and maintain business
<br />interruption insurance in such amount as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against in.
<br />Section 1.1 of this G dbit "G" for a period of not less than twelve (12) months.
<br />1.3 Liability Insurance.
<br />1.3.1 At all times during the Term of this Leese, Tenant shall procure and maintain, at its sole expense for the protection of
<br />Landlord and Tenant, commercial general liability insurance applying to the use and occupancy of the Premises and the business operated by Tenant.
<br />Such insurance shall have a minimum combined single limit of liability of at least $2,000,000 per occurrence and a general aggregate limit of at least
<br />$3,000,000, and Tenant shall provide in addition excess liability insurance on a following form basis, with overall limits of at least $5,000,000. All
<br />such policies shall be written to apply to all bodily injury (including death), property damage and personal injury losses, shall include blanket
<br />contractual liability, broad form property damage, independent contractors coverage, completed operations, products liability, cross liability and
<br />severance of interest clauses, and shall be endorsed to include Landlord and the Landlord's Additional Insureds as additional insureds.
<br />1.3.2 At all times during the •term of this Lease, Tenant shall procure and maintain, at its sole expense for the protection of
<br />Landlord and Tenant, primary automobile liability insurance with limits ofnot less than $1,000,000 per occurrence covering owned, hired and non -
<br />owned vehicles used by Tenant.
<br />1,3.3 Prior to the sale, storage, use or giving away of alcoholic beverages on or from the Premises by Tenant or another
<br />person, Tenant, at its own expense, shall obtain a policy or policies of insurance issued by a responsible insurance company aid in a form acceptable
<br />to Landlord saving harmless and protecting Landlord and the Premises against any and all damages, claims, liens, judgments, expenses and costs,
<br />including actual nuonheys' fees, arising under any present or future law, statute, or ordinance of the State of California or other governmental
<br />authority having jurisdiction of the Premises, by reason of any storage, sale, use or giving away of alcoholic beverages an or from the Premises,
<br />Such policy or policies of insurance shall have a minimum combined single limit of $3,000,000 per occurrence and shall apply to bodily injury, fatal
<br />or nonfatal; injury to means of support; and injury to property of any person. Such policy or policies of Insurance shall name the Landlord and its
<br />agents, beneficiaries, partners, employees and any Holder of any Security Instrument designated by Landlord as additional insureds.
<br />1.4 Workers' Compensation' Employer's Liability Insurance, Worker's Conpensation Insurance. In accordance with the
<br />provisions of Section 3700 of the Labor Code, Tenant, if Tenant has any employees, is required to be insured against liability for worker's
<br />compensation of to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Tenant agives to obtain and
<br />maintain any employer's liability insurance with limits not less than $1,000,000 per accident.
<br />2. Policy Requirements. All insurance required to be maintained by Tenant shall be issued by insurance companies authorized to do
<br />insurance business in the State of California and rated not less than A:R in Best's Insurance Guide. All such insurance policies shall be written as
<br />primary policies, not excess or contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds. A
<br />cetiticatc of insurance (or, at Landlord's option, copies of the applicable policies) evidencing the insurance required under this Exhibit "G" shall be
<br />delivered to Landlord not less than thirty (30) days prior to the Commencement Date, No such policy shall be subject to cancellation or modification
<br />without thirty (30) days prior written notice to Landlord and to any Holder of any Security Instrument designated by Landlord and such policy shall
<br />be endorsed to provide that the insurer thereunder shall provide Landlord with written notice of any failure by Tenant to pay any premium thereunder
<br />when due and such failure continues for a period of ten ( M) days after such date. Tenant shall famish Landlord with a replacement certificate with
<br />respect to ally insurance not less than thirty (30) days prior to the expiration of the current policy. Tenant shall have the right to provide the insurance
<br />required by this Exhibit "G" pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the Premises and the
<br />Landlord as required by this (..ease without regard to claims made under Such policies with respect to other persons.
<br />3. Miscellaneous. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which play be prohibited by any
<br />insurance policy periodically in force covering the Premises, the Building or the Project. If any of Landlord's insurance policies shall be cancelled or
<br />cancellation shall be threatened of the coverage Lheteunder reduced or threatened to be reduced in any way because of the use of tlic Premises or any
<br />part thereof' by Tenant or any assianee. subtenant, licensee or invitee or Tenant and, if Tenant fails to remedy the condition giving rise to such
<br />cancellation, threatened cancellation. reduction of coverage, or threatened seduction ol-coverage, within 48 hours after notice thereof, Landlord may.
<br />at its option, chher terminate this Lease or enter upon the Premises and ntLennpt to remedy such condition, and'i'emunt shall promptly pay tine cost
<br />thereof to Landlord. as Additional Rent. If Landlord is unable. or elects not to remedy such condition. then Landlord shall have all of the remedies
<br />provided for in Ibis [.ease upon the occuurencc of or Event or Defttult. Tenant shall not do or permit to be done any act or things upon or about the
<br />Premises or the Proicct which will: (a) result in .the assertion of any defense by do insurer to any claim. pride, (b) invalidate of (e) be in. conflict
<br />,hit. the; insurance policies or Landlord or Tenant covering the Building. (he iPremises or fixtures and property therein. or which wpuld increase the
<br />rate of Rre insurance applicable to die Building or the Project to an .mount higher than it otherwise would be; and Tenant shall neither do nor permit
<br />to be done any net or thing upon or about the Premises or the Building which shall or might subject Landlord to any liability or responsibility for
<br />injury to any person or persons or to property. M as a result ar any act or omission by or (.)a Ole part of-rei ant or violation of this Lease. whether or
<br />801 W O-Ir Center Dr-00v oJ'.Snrnn An71Leave - I • Exhibit G
<br />h
<br />
|