SANTA ANA HISTORICAL PRESERVATION SOCIETY (3)

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(b) Liability Insurance LESSEE at its sole cost and expense shall maintain during the term of this Lease bodily injury and property damage insurance with a single combined liability limit of one million dollars ($1,000,- 000.00) dollars, insuring against all liability of LESSEE and its authorized representatives arising out of or in connection with LESSEE's use or occupancy of the demised premises. Such insurance shall insure performance by LESSEE of the indemnity provisions in Section 21 of this Agreement, but the limits of such insurance shall not, however, limit the liability of LESSEE thereunder. The City of Santa Ana, and its officers, agents and employees shall be named as an additional insureds. LESSEE shall (a) furnish properly executed certificates of insurance to LESSOR prior to the Commence- ment Date, which certificates shall clearly evidence all coverages required above and provide that such insurance shall not be materially changed or terminated except on 30 days' prior written notice to the LESSOR; and (b) maintain such insurance throughout the term of the lease of the Premises to LESSEE; and (c) replace such certificates for policies expiring prior to the expiration or other termination of such lease. If LESSEE shall fail to procure and maintain such insurance, the LESSOR may but shall not be required to procure and maintain same at the expense of LESSEE. (c) Waiver of Subrogation. LESSEE and LESSOR each waive any and all rights of recovery against the other or against the officers, employees, agents, and representatives of the other for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Each party shall cause each insurance policy obtained by it hereunder to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any such policy. 5. Damage or Destruction (a) If during the term of this Lease the demised premises is partially damaged, but the demised premises remain historically valuable, and such damage was caused by a casualty covered to the extent of one hundred percent (100%) of full replacement value under the insurance policy required to be maintained pursuant to Section 4 of this Lease, LESSOR shall restore the demised premises into substantially the same condition as they were in immediately before such damage or destruction, if the restoration can be completed within one hundred eighty (180) calendar days after the restoration begins, and in such event such destruction or damage shall not terminate this Lease. 3