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within the Premises from loss or damage to the extent of their replacement value. Tenant <br />assumes all risks from theft or vandalism and agrees to keep Premises secured and provide <br />appropriate alarm systems. <br />B. Worker's 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 />Wayward Artistshall indemnify, defend and hold harmless the State of California, the Trustees of <br />the California State University, California State University Fullerton, CSU Fullerton Auxiliary <br />Services Corporation, their officers, employees, directors, agents and volunteers from and <br />against any and all liability, loss, damage, expense, costs (including without limitation costs and <br />fees of litigation) of every nature arising out of or in connection with Wayward Artist's <br />performance or its failure to comply with any of its obligations contained in this agreement <br />except where such loss or damage Is caused by the sole negligence or willful misconduct of the <br />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 />31 <br />