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<br />Page | 34 <br />4894-6811-3695v.2 0017787-000542 <br />4894-6811-3695v.2 0017787-000542 <br />(a) The Workers' Compensation policy shall contain a waiver of subrogation <br />endorsement waiving all rights of subrogation against the County of Orange, City of Santa Ana, and <br />their respective elected and appointed officials, officers, agents and employees. <br />(b) All insurance policies required by this Lease shall waive all rights of <br />subrogation against the County of Orange, City of Santa Ana, and their respective elected and <br />appointed officials, officers, agents and employees when acting within the scope of their appointment <br />or employment. <br />(c) The Commercial Property Building policy shall include the County of <br />Orange and City of Santa Ana as both Named Insureds. A Certificate of Insurance shall be <br />submitted as evidence of this requirement. The Builders’ Risk policy shall be endorsed to include the <br />County of Orange and City of Santa Ana as Loss Payees. A Loss Payee endorsement shall be <br />submitted with the Certificate of Insurance as evidence of this requirement. <br />(d) Tenant shall notify County and City in writing within thirty (30) days of <br />any policy cancellation and ten (10) days for non -payment of premium and provide a copy of the <br />cancellation notice to the County and City. Failure to provide written notice of cancellation may <br />constitute a material breach of the Lease, after which the County or City may suspend or terminate <br />this Lease. <br />(e) The Commercial General Liability policy shall contain a severability of <br />interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). <br />(f) If Contractor’s Pollution Liability and Pollution Liability are claims-made <br />policies, Contractor shall agree to maintain coverage for five (5) years following completion of the <br />construction. If Contractor’s Professional Liability is a claims-made policy, Contractor shall agree <br />to maintain coverage for ten (10) years following the completion of construction. Products and <br />Completed Operations coverage shall be maintained for ten (10) years following the completion of <br />construction. <br />(g) Insurance certificates should be forwarded to County and City addresses <br />provided in Section 18.19 below. Tenant has ten (10) business days to provide adequate evidence of <br />insurance or it shall constitute an Event of Default. <br />(h) County or City expressly retains the right to require Tenant to increase or <br />decrease insurance of any of the above insurance types throughout the term of this Lease which shall <br />be mutually agreed upon by County, City and Tenant. <br />(i) Chief Real Estate Officer shall notify Tenant in writing of changes in the <br />insurance requirements consistent with subsection (h) above. If Tenant does not deposit copies of <br />certificates of insurance and endorsements with Chief Real Estate Officer incorporating such changes <br />within thirty (30) days of receipt of such notice, it shall constitute an Event of Default. <br />(j) The procuring of such required policy or policies of insurance shall not be <br />construed to limit Tenant's liability hereunder nor to fulfill the indemnification provisions and <br />requirements of this Lease, nor in any way to reduce the policy coverage and limits available from <br />the insurer. <br />EXHIBIT 11