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16, INSURANCE —The State represents that, as an entity of the State of California, it is self insured against damages, <br />injury and other forms of liability. Lessor or other parties shall not be named as an additional insured therein. <br />17. ASBESTOS - Lessor hereby warrants and guarantees that the Premises leased to the State will be operated and <br />maintained free of hazard from Asbestos-Containhig Construction materials (ACCM), as that term is defined in Labor <br />Code Section 6501.8. <br />18. SUBROGATION WAIVER AND INDEMNITY - <br />A. SUBROGATION WAIVER— To the extent authorized by any fire and extended coverage insurance issued <br />to Lessor on the herein damaged premises, Lessor releases State from liability for loss or damage covered by said <br />insurance and waives subrogation rights of the insurer. <br />B. INDEMNITY — <br />(1) To the extent that Paragraph 18.A is not applicable, State agrees to indemnify, hold harmless and <br />defend Lessor, its officers, employees, representatives and agents from any and all liability, claims, demands,, actions, <br />damages, costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly <br />or indirectly from any acts or omissions related to this Lease performed by the State or its agents, employees, or other <br />persons acting on the State's behalf. This agreement to indemnify, hold harmless and defend shall apply whether such <br />acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which State or its <br />agents, employees, or other persons acting on the State's behalf would be held strictly liable. <br />(2) Lessor agrees to indemnify, hold harmless and defend the State, its officers, employees, <br />representatives and agents from any and all liability, claims, demands, actions, damages, costs and financial loss, <br />including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or <br />omissions related to this Lease performed by Lessor or its agents, employees, or others persons acting on Lessor's <br />behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the <br />product of active negligence, passive negligence, willfulness or acts for which Lessor or its agents, employees, or other <br />parsons acting on Lessor's behalf would be held strictly liable. <br />19. PARKING — State shall have one reserved parking space. In addition, State shall have the nonexclusive use of the <br />parking area owned by Lessor at and around the leased premises; provided, however, State's agents, employees, <br />customers and invitees for parking may not park in an area designated, identified, and/or reserved for parking by any <br />other tenant or tenants, if any. State acknowledges that Lessor has entered into an agreement with the Orange County <br />Transportation Authority for the constriction of the OC Streetcar at SAR'i'C, which has begun and is anticipated to <br />continue through 2021. Such construction may affect the number of parking spaces available at any one time, though it <br />is not possible to determine the precise effect at the time of this lease. <br />20. USE — For the purposes of this lease, State's intended use of the leased premises is strictly for office space. No <br />other use of the leased premises shall be permitted without written consent of Lessor. <br />21, ASSIGNMENT AND SUBLETTING — State may not assign this lease or sublet the subject premises or any part <br />thereof without the prior written consent of Lessor, which may be withheld at Lessor's sole discretion. Any assignment <br />or subletting not in compliance with the provisions of this paragraph shall be a material breach of the lease, voidable <br />and, at Lessor's option, shall terminate this lease. State assigning rise of the office to a Senator other than Senator <br />Umberg shall not constitute assignment or subletting under this paragraph. <br />22. DELIVERY OF LEASED PREMISES UPON TERMINATION OR EXPIRATION OF TERM — State agrees <br />to deliver to Lessor physical possession of the leased premises upon the termination or expiration of this lease in the <br />same condition as upon commencement of the lease, except for ordinary wear and tear. Any alterations, additions, or <br />improvements affixed to the leased premises, except furnishings, equipment, and trade fixtures, shall, at Lessor's <br />option, become part of the real property and belong to Lessor on expiration or termination of the term and any extension <br />thereof. <br />