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EXHIBIT "C" <br />INSURANCE REQUIREMENTS <br />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 andlor flood) property insurance, in an amount not less than one hundred <br />percent (100%) ofreplacement cost covering: (a) all Leasehold improvements (b) all floor and wall coverings; and (c) all Tenant's Personal Property <br />in or about the Premises and Project. The proceeds of such insurance shall be used for the repair and replacement orthe property so insured, except <br />that if not so applied 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 Exhibit "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 Lease, 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 contractor's 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 of not less than S1,000,000 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 polleies of insurance issued by a responsible insurance company and 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 anomeys' fees, arising under any present or future Irv, 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 on 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: Emolover's Liability Insurance. Worker's Compensation 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 or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Tenant agrees to obtain and <br />maintain any employer's liability insurance with limits not less than $1,000,000 per accident. <br />2. Policy Reauirgments. 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:X in ➢est'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 />certificate 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 tie 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 or 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 often (10) days after such date. Tenant shall rumish Landlord with A replacement certificate with <br />respect to any insurance not less than thirty (30) days prior to the expiration orthe current policy. Tenant shall have the right to provide the insurance <br />required by this Exhibit "Q" pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the Premises and die <br />Landlord as required by this Lease 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 die Premises Oily article which may be prohibited by any <br />insurance policy periodically in tisane covering the Premises, the Building or the Project. If any of Landlord's insurance policies shall be cancelled or <br />cancellation shall be threatened or die coverage thereunder reduced or threatened to be reduced in any way because orthe use of die Premises or any <br />part themor by Tenant or any assignee. sub(enant, licensee or invitee of Tenant and, if'renant falls to remedy the condition giving rise to such <br />cancellation, threatened cancellation. reduction orcoverage, or threatened reduction orcoverage, within 48 hours after notice themof, Landlord may. <br />at its option, either terminate this Lease or enter upon the Premises and attempt to remedy such condition, and Tenunt shall promptly pay the cost <br />thereof to Landlord as Additional Rent. I Landlord is unable. or elects not to remedy such condition, then Landlord shall have all or the remedies <br />provided for in this Lease upon the occurrence )ran Event of Detudt. Tenant shall not do or permit to be done any act or things upon or about the <br />Premises or the I'micel, which will: (a) result in the assertion of any derense by the insurer to any claim under, (b) invalidate or (e) he In conflict <br />with. the insurance policies of Landlord or Tenau covering the Building. the Premises or fixtures and property therein. or which would incmase the <br />rule of Me insurance applicable to the Building or the Project to on amount higher than it otherwise would be; and Tenant shall neither do nor permit <br />to be dune Any act 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 Oily person or Persons or to property. III as a result of arty act or omission by or on doe part ol'Tenant or violation of this Lease, whether or <br />101 P'Ch* Center Dr—Clo, of Srrnm Ann Lease • I • Lxhabh G <br />