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assumes all risks from theft or vandalism and agrees to keep Premises secured and provide
<br />appropriate alarm systems.
<br />B. Workers Compensation. Tenant shall also carry Worker's Compensation Insurance with
<br />limits no less than $1,000,000 per accident for bodily injury or disease.
<br />C. Tenant to Provide Liability Insurance. During the Term, Tenant shall, at its cost and expense,
<br />maintain general liability insurance against claims for bodily injury, death or property damage
<br />occurring in, upon or about the Premises with an insurance company that has a Best Rating of
<br />AM or better. Such insurance shall have combined single limits of not less than Two Million
<br />Dollars ($2,000,000.00) for bodily injury, death and property damage written on occurrence
<br />form. All such policies of insurance shall be issued in the name of Tenant and shall name ASC
<br />and the parties set forth below as additional insureds. Tenant shall provide ASC with a
<br />certificate of insurance evidencing such policy and limits. Such policy shall provide that not less
<br />than thirty (30) days written notice shall be given to ASC prior to the cancellation or
<br />modification of any such policy. CSU Fullerton Auxiliary Services Corporation, California State
<br />University, Fullerton, and the State of California are not liable for the payment or premiums or
<br />assessments on this policy. The Tenants' policies will be considered primary and ASC's policies in
<br />excess.
<br />This policy or policies of liability insurance shall provide an additional insured endorsement
<br />containing the following special endorsement:
<br />Truth and Alchemy, INC shall indemnify, defend and hold harmless the State of California, the
<br />Trustees of the California State University, California State University Fullerton, CSU Fullerton
<br />Auxiliary Services Corporation, their officers, employees, directors, agents and volunteers from
<br />and against any and all liability, loss, damage, expense, costs (including without limitation costs
<br />and fees of litigation) of every nature arising out of or in connection with Truth and Alchemy,
<br />INC's performance or its failure to comply with any of its obligations contained in this
<br />agreement except where such loss or damage is caused by the sole negligence or willful
<br />misconduct of the CSU Fullerton Auxiliary Services Corporation.
<br />11. WAIVER AND INDEMNIFICATION. Tenant, as a material part of the consideration to be rendered to
<br />ASC under this Sublease, hereby waives all claims against ASC, California State University Fullerton, the
<br />Trustees of the California State University, the State of California, employees, officers, directors,
<br />volunteers, and agents for damage to equipment or other personal property, trade fixtures, leasehold
<br />improvements, goods, wares, inventory and merchandise, in, upon or about the Premises and for
<br />injuries to persons in or about the Premises, from any cause arising at any time (including but not
<br />limited to the foregoing, rain or water leakage of any character from the roof, windows, walls,
<br />basement, pipes, plumbing works or appliances, the Building or Premises not being in good condition or
<br />repair, gas, fire, oil, electricity or theft), except to the extent caused by of arising from the gross
<br />negligence or willful misconduct of Landlord or its agents, employees or contractors; and Tenant agrees
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