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to Lessee on the start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasion ad by the Installation, maintenance or removal of
<br />Trade Fixtures, lessee owned Alterations and/car Utility Installati m,Furnishings, and equipment as well as the resnwel of arry storage tank Installed by or for Lessee,
<br />Less" shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third parry (except Hazardous
<br />SobsUmeet which were deposhed via underground migration from areas outside of the Premises) to the level specified In Applicable Requlrera It Trade Fixtures
<br />shall remain the property of Lessee and shall he removed by Lessee. Any personal property of lessee not removed on or before the Expiratfoo Date or any ea kef
<br />termination dale shall be deemed to have been abandoned by Lessee and may be disposed of of retal nod by Lessor as Lessor may desire. The failure by Lessee to
<br />Bmely vacate the Premises pursuant to this Paragraph 7,4(c) without the express wrlHen consent of Lessor shall constitute a holdover under the Provisions of
<br />Paragraph 26 below.
<br />8. Ins ur vross Indemnity.
<br />8.1 Payment Forlmuronce. Lessen shall pay for all Insurance required under Paragraph 8 except to the extent ofthe cost attributable to liability Insurance
<br />carded by Lessor under Paragraph &2(b) In excessof 52,000,000 per occurrence, Premiums forpollry periods commenctng prior to or extending beyond the Lease
<br />term shall be prorated to correspond to, the Lease term Payment shall be made by Lessee to lessor within 10 days following receipt of an Invoice.
<br />IL2 liability Insurance,
<br />(a) Carded by lessee. Lessee shall obtain and keep In Forces a Commercial General Liability pollcyof Insurance protecting Lessee and Lessor as an
<br />additional Insured agalnstclaims for bodily Injury, personal Injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of
<br />the Premises and all areas appurtenant thereto Such Insurance shall be on an occurrence basis providing single limit coverage In an amountnat tau than $1,000,000
<br />per occurrence with an annual aggregate of not less than $2,000,000. lessee shag add Lessor as an additional insured by means of an endorsement at lead as broad
<br />as the Insurance Service Organization's "Addidanal Insured-Managen or Leiters of Premises" Endorsement. The policy shall not contain any infradnsured exclusions
<br />as between Insured persons or organkations, but shall Include coverage for liability assumed under this lease as an "Insured contract" for the performance of Lessee's
<br />Indemnity obligations under this tease, The limits of sold Insurance shall not, however, limit the liability of lessee not relieve Lessee of any obligation hereunder.
<br />Lessee shall provide an endorsement on Its IUbilitypollcy(lesj which provides that its Insurance shall be primary to and Trot contributory with any similar Insumme
<br />carded by Lessor, whose Insurance shall be considered excess insurance only.
<br />(b) Grrledby Lessor. Lessor shall maintain Ilablllty Insurance as de scribed In Paragraph 8ajal, In addition to, and not in lieu of, the Insurance required to
<br />be maintained by Lessee. Lessee shall, to the extent available, -nit be named as an additional Insured therein, rile City of Santa Ana,
<br />and its officers, employees, agent and representatives, shall to the extent no cost is incurred with
<br />respect thereto and to the extent reasonably available to Lessor shall be additional insureds with
<br />respect to any general liability or auto liability policy obtained by Lessor, by endorsement, and all
<br />such insurance policies shall be primary and non-contributory. Lessor shall send certificates of such
<br />insurance to Lessee to its Risk Management Division, 4th Floor, 20 Civic Center Plaza, Santa Ana
<br />92701,
<br />8.3 Property Insurance- Building, Improvements and Rental Value.
<br />(a) Building and Improvers eats, The lnsudng Parry shall obtain and keep In lorce a policy or policies in the name of Lessor, wish loss payable to Lessaq
<br />any ground-Naor, and to any lender Insuring loss or damage to the Pmmises. The amoont of such Insurance shall be equal to the full Insurable replacement cost of
<br />the Premises, as the same shall exist from time to time, or the amount required by any Lender, but In no event more than the commercially reasonable and available
<br />insurable value Is Proof. Lessee Owned Alerattons and Utility Installations, Trade Fixtures, and Lessee's personal properly shall be Insured by Lessee not by lessee If
<br />the coverage Is available and commercially appropriate, such policy or polkles shall insure against all risks of direct physical loss or damage (except the perils of good
<br />and/or earthquake unless required by a Lenderb 4uluding coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading,
<br />deny llgon, reconstruction or replacement of any portion of the Premises as the result of a covered lost. Sold policy or policies shall also contain an agreed valuation
<br />provision In lieu of amycolnsurince obusa, waiver of subrogation, and Inflation So end protection cal on Increase In the annual properly Insurance two rage
<br />amount by a factor of not less than the adjusted U.S. Department of labor Consumer Price Index for All Urban Consumers lot the city nearest to where the Premises
<br />are looted. If such Insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and lessee Shall be liable for such
<br />deductible amount In the event of an Insured Lass.
<br />(b) Rental Value. The Insuring Patty shall obtain and keep In force a policy of policies In the name of teaser with loss payable to lessor and any Lender,
<br />Insuring the loss of the full Rent for year with an exlondad period of Indemnity for an additiontl IN days ("Rental Value insurance"), said Insurance shall contain
<br />an agreed vatuadon provision In lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable
<br />by Lessee, for the next 12 month period. Lessee shall be liable for anydeductibie amount Id the event of such Sass.
<br />(c) Adjacent Premheo.ii the Pro miles are part of a larger bulldln&orof a group of buildings owned by Lessor which are adjacent to the Promises, the
<br />Lessee shall pay lot any Increase In the premiums forthe property Insurance of such building or buildings If said Increase Is caused by lessee's acts, omisslont, use or
<br />occupancy of the Premises.
<br />94 Lessee'sProperty; Business Interruption Insurance; Worker's Compensation Insurance.
<br />(a) Property Dom Pat.Letters shall obtain and maintain Insurance covenge on all of lessee's personal property, Trade Fixtures, and Lessee Owned
<br />Alterations and Utility Installations. Such Insurance Shall be full replacement cast coverage with a deductible of not to exceed $1.000 per occurrence. The proceeds
<br />Isom any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utlllty Installations.
<br />(b) Business late munition. Lessee shall obtain and mainraln loss of Income and extra expense Insurance In a mounts as will reimburse lessee for director
<br />Indirect lam of earnings attributable to all perils commonly Insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the
<br />Premises as aresult of such perils.
<br />It) Worker's Compensation lmurome. Lessee shall obtain and maintain WorkePSCompemadon Insurance In such amount as may be required by
<br />Applicable Requirements. Such policy shall Include a' Waiver of Subrogation' endorsement. Lessee shall provide Lessor with a copy of such endorse mant Lalong with
<br />the cardhate of Insurance or copy of the policy required by paragraph &5.
<br />(it) No Reprosantatian of Adequate Camomile. Lessor makes no representation that the limits or(amis of coverage of insurance specified herein a re
<br />adequate to cover Lessee's property, business operations or obligations under this Least,
<br />eb Insurance Polities. Insurance required hereto shall be by companies malnalning during the policy term a"General Policyholders Rating" of at least A-, VII,
<br />asset forth In the most current Issue of "Rod's Insurance Guide', of such other rating as maybe required by a Lender. lessee shag not door permit to be done
<br />I gwhlen Invalidates the required lnsurancepolicles. Lessee shag, prior to the Start Date, deliver tolessorcertified copies of policies ofsmh insurance or
<br />INITIALS
<br />02019AIRCRE. All Rights Reserved. Last Edited: 2/25/20219:53AM
<br />STN-27.30, Revised 31-25.2019 Page 6 of 16
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