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(h) Fully Paid and Non -Assessable. All insurance obtained and maintained by the Tenant in satisfaction of the requirements of this Lease shall be fully paid for and non -assessable. (i) Lessor Option to Obtain Coverage. During the continuance of an Event of Default arising from the Tenant's failure to carry any insurance required by this Lease, the Lessor may, at its sole option, purchase any such required insurance coverage and the Lessor shall be entitled to immediate payment from the Tenant of any premiums and associated costs paid by the Lessor for such insurance coverage. Any amount becoming due and payable to the Lessor under this Section 4.9 that is not paid within fifteen (15) calendar days after written demand from the Lessor for payment of such amount, with an explanation of the amounts demanded, will bear interest from the date of the demand at the rate of ten percent (10%) per annum or the maximum rate allowed by California law, whichever is less. Any election by the Lessor to purchase or not to purchase insurance otherwise required by the terms of this Lease to be carried by the Tenant shall not relieve the Tenant of its obligation to obtain and maintain any insurance coverage required by this Lease. (j) Cross -Liability; Severability of Interests. All Liability Insurance and Contractor's Insurance shall be endorsed to provide cross -liability coverage for the Tenant and the Lessor and to provide severability of interests. (k) Deductibles and Self -Insured Retentions. The Tenant shall pay or cause to be paid any and all deductibles and self -insured retentions under all insurance policies issued in satisfaction of the terms of this Lease regarding any claims relating to the Lessor. (1) No Separate Insurance. The Tenant shall not carry separate or additional insurance concurrent in form or contributing in the event of loss with that required under this Lease, unless endorsed in favor of the Lessor, as required by this Lease. (m) Insurance Independent of Indemnification. The insurance requirements of this Lease are independent of the Tenant's indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to satisfy, restrict, limit, or modify the Tenant's indemnification or other obligations or to limit the Tenant's liability under this Lease, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall the provision of such insurance preclude the Lessor from taking such other actions as are available to it under any other provision of this Lease or otherwise at law or in equity 8.2 Indemnification. 8.2.1 Obligations. The Lessor shall Indemnify the Tenant and the Tenant shall Indemnify the Lessor against any wrongful intentional act or negligence of the Indemnitor. The Tenant shall also Indemnify the Lessor against any and all of the following: (a) any Application made at the Tenant's request; (b) any Due Diligence Investigations by the Tenant; (c) use, occupancy, management or operation of the Project; (d) any agreements that the Tenant (or anyone claiming through the Tenant) makes regarding the Project; (e) the condition of the Project or any space under, adjoining or appurtenant to the Premises; and, (f) any accident, injury or damage Page121