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and absolute discretion. Any assignment, subletting or transfer without such consent shall be a
<br />non -curable Default and Breach hereunder, without any prior notice need being given.
<br />Notwithstanding the foregoing, Lessee shall have the right to assign, but not sublet or otherwise
<br />transfer, this Lease to the City of Santa Ana, or other governmental entity approved by the City of
<br />Santa Ana, without Lessor's prior written consent, but on at least 10 days prior written notice to
<br />Lessor; provided, however, that City, or assigning governmental entity approved by the City of
<br />Santa Ana, assumes all of Lessee's obligations hereunder. Any such assignment to the City, or
<br />other governmental entity approved by the City of Santa Ana, shall release Lessee from all
<br />obligations or liabilities hereunder expressly assumed by City or assigning governmental entity
<br />approved by the City of Santa Ana.
<br />61. Insurance. Notwithstanding anything to the contrary set forth in the Form Lease, Lessee shall
<br />carry and maintain, at its sole cost and expense, the following insurance; (i) Commercial General
<br />Liability Insurance (occurrence form) including coverage for death, bodily injury, with coverage
<br />for vandalism and malicious mischief, broad form property damage, contractual liability, owner's
<br />protective, host liquor liability and products/completed operations with coverage limits as
<br />reasonably required by Lessor from time to time, but in no event less than Five Million Dollars
<br />($5,000,000.00), combined each occurrence and in the aggregate insuring against any and all
<br />liability of the Lessee with respect to the Premises and all areas appurtenant thereto or arising out
<br />of the maintenance, use or occupancy thereof (Lessee may satisfy any portion of this requirement
<br />with umbrella liability coverage); (ii) Insurance covering any and all improvements, including
<br />Lessee's furniture, fixtures and equipment and any Alterations permitted hereunder, and all
<br />personal property, in an amount not less than their full replacement cost providing protection
<br />against any peril included within the classification "Special Form" including fire, vandalism and
<br />malicious mischief; (iii) Automobile liability insurance for all motor vehicles operated by or for
<br />Lessee, including owned, hired and non -owned vehicles, with minimum combined single limit
<br />coverage for bodily injury and property damage as reasonably required by Lessor from time to
<br />time, but in no event less than One Million Dollars ($1,000,000.00) for each occurrence, (iv) full
<br />replacement cost plate glass insurance and business interruption insurance in such amount as will
<br />reimburse Lessee for direct or indirect loss of earnings for up to 12 months attributable to all such
<br />perils insured against herein or any other cause, (v) Workers' Compensation, including
<br />employer's liability insurance, in compliance with all laws governing worker's compensation. If
<br />Lessee falls to maintain such insurance, Lessee shall be deemed to have assumed the risk of all
<br />losses which would have been covered by such insurance and Lessor shall have no liability for
<br />any such losses. All of Lessee's policies of Insurance shall be issued by insurance companies
<br />with general policyholder's rating of not less than A and a financial rating of not less than Class
<br />A VI as rated in the most current available "Best's" Insurance Reports and qualified to do
<br />business in the State of California. All policies shall name Lessor, its related or affiliated entities,
<br />parents, subsidiaries, partnerships, joint ventures, limited liability companies, members, trusts and
<br />assigns of every tier (as identified by Lessor), and each of their respective directors, officers,
<br />partners, agents, employees, volunteers, members, managers, trustees, shareholders and any
<br />successors or assigns of the foregoing, as well as Lessor's management company and if requested
<br />by Lessor, Lessor's first mortgagee or beneficiary as additional insureds (to the extent Lessor
<br />gives written notice to Lessee of the names and addresses of such parties). Certificates for all
<br />policies shall be delivered to Lessor prior to delivery of possession of the Premises to Lessee, and
<br />thereafter within thirty (30) days prior to the expiration of the term of each such policy. Until
<br />Lessee has delivered to Lessor such certificates of insurance, Lessor shall not be obligated to
<br />deliver keys to the Premises to Lessee, and Lessee shall not be entitled to take occupancy of the
<br />Premises notwithstanding the fact the Term of the Lease and Lessee's obligation to pay rent
<br />hereunder may have already commenced. All policies of insurance must contain a provision that
<br />Lessor will receive thirty (30) days' advanced written notice of any cancellation, lapse or
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