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<br />Page | 27 <br />9138-126780\1512539.3 <br />1) An Additional Insured endorsement naming the City of Santa Ana, and their respective <br />elected and appointed officials, officers, employees, and agents as Additional Insureds. <br />(a) The Workers' Compensation policy shall contain a waiver of <br />subrogation endorsement waiving all rights of subrogation against the City of Santa Ana, and their <br />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 City of Santa Ana, and their respective elected and appointed officials, <br />officers, agents and employees when acting within the scope of their appointment or employment. <br />(c) The Commercial Property Building policy shall include City of Santa <br />Ana as both Named Insureds. A Certificate of Insurance shall be submitted as evidence of this <br />requirement. The Builders’ Risk policy shall be endorsed to include City of Santa Ana as Loss <br />Payees. A Loss Payee endorsement shall be submitted with the Certificate of Insurance as evidence <br />of this requirement. <br />(d) Tenant shall notify City in writing within thirty (30) days of any <br />policy cancellation and ten (10) days for non-payment of premium and provide a copy of the <br />cancellation notice to the City. Failure to provide written notice of cancellation may constitute a <br />material breach of the Lease, after which the City may suspend or terminate this Lease. <br />(e) The Commercial General Liability policy shall contain a severability <br />of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 <br />policy). <br />(f) If Contractor’s Pollution Liability and Pollution Liability are claims - <br />made policies, Contractor shall agree to maintain coverage for five (5) years following completion <br />of the construction. If Contractor’s Professional Liability is a claims-made policy, Contractor shall <br />agree 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 City addresses provided <br />in Section 18.19 below. Tenant has ten (10) business days to provide adequate evidence of insurance <br />or it shall constitute an Event of Default. <br />(h) 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 City and Tenant. <br />(i) Lessor shall notify Tenant in writing of changes in the insurance <br />requirements consistent with subsection (h) above. If Tenant does not deposit copies of certificates <br />of insurance and endorsements with Lessor incorporating such changes within thirty (30) days of <br />receipt of such notice, it shall constitute an Event of Default. <br />(j) The procuring of such required policy or policies of insurance shall <br />not be 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 />EXHIBIT 5