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officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this
<br />Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or
<br />maintain.
<br />12. INSURANCE.
<br />A. In accordance with the provisions of Section 3300 of the Labor Code, if
<br />LESSEE has any employees it is required to be insured against liability for worker's compensation or to
<br />undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain
<br />and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE
<br />has no employees, nor workers' compensation coverage, it must execute a Declaration available from
<br />LESSOR, and update as is necessary.
<br />B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general
<br />liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per
<br />occurrence. Such insurance shall insure, on an occurrence basis, against liability of LESSEE, its employees
<br />and agents arising out of or in connection with LESSEE's use, occupancy or maintenance of the Property.
<br />Such insurance shall: (1) name LESSOR, its officers, agents and employees as additional
<br />insured (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs
<br />maintained by LESSOR; (3) contain standard separation of insured's provisions; and (4) give to LESSOR
<br />prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder.
<br />LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly
<br />executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly
<br />evidence all coverage required above; (b) provide that such insurance shall not have its required limits
<br />reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such
<br />insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring
<br />prior to the expiration of this Agreement.
<br />C. LESSOR, at LESSOR's sole cost and expense, shall procure and maintain on the
<br />Property, bodily injury and property damage insurance with a combined single limit of at least One Million
<br />Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against
<br />liability of LESSOR, its employees and agents arising out of or in connection with LESSOR's use,
<br />occupancy and maintenance of the Property.
<br />13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications
<br />configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully
<br />executed ("Pre-Existing Communications") and LESSEE's Facilities shall comply with all non-interference
<br />rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of,
<br />any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches
<br />upon the Premises. Such interference with LESSEE's communications operations shall be deemed a
<br />material breach by LESSOR, and LESSOR shall have the responsibility to promptly terminate said
<br />interference. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to
<br />bring legal action to enjoin such interference against the party causing any alleged interference and/or
<br />immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications
<br />operating in the same manner as on the date this Agreement is fully executed shall not be deemed
<br />interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion
<br />of the Property for the operation of mobile/wireless or radio communications facilities to comply with the
<br />provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the
<br />Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that
<br />LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations,
<br />or use of frequency will result due to such use, whether or not such interference is with LESSEE's
<br />frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably
<br />withheld and may require LESSEE to consent subject to the above conditions.
<br />Site No: LA0623B Page 4 of 24
<br />Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707
<br />Execution Copy
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