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THRIVE SANTA ANA, INC. (4)
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THRIVE SANTA ANA, INC. (4)
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Last modified
12/29/2022 9:23:43 AM
Creation date
12/29/2022 9:22:45 AM
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Contracts
Company Name
THRIVE SANTA ANA, INC.
Contract #
A-2020-044-01
Agency
Community Development
Council Approval Date
3/3/2020
Insurance Exp Date
1/1/1900
Destruction Year
0
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policy, provided that (i) such policy or a certificate of such policy shall specify the amount(s) of <br />the total insurance allocated to the Premises and the Project, which amount(s) shall equal or exceed <br />the amount(s) required by this Lease and shall not be reduced for claims made for other properties; <br />and (ii) such policy otherwise complies with this Lease. <br />8.1.2 Policy Requirements and Endorsements. All insurance policies this Lease <br />requires shall contain (by endorsement or otherwise) the following provisions: <br />(a) Insured. Liability Insurance, Automobile Liability Insurance and <br />Contractor's Insurance policies shall name the Lessor as "additional insured." Property Insurance <br />Policies shall name the Lessor as a "loss payee." The coverage afforded to the Lessor shall be at <br />least as broad as that afforded to the Tenant and may not contain any terms, conditions, exclusions, <br />or limitations applicable to the Lessor that do not apply to the Tenant. <br />(b) Primary Coverage. All policies shall be written as primary policies, <br />not contributing to or in excess of any coverage that the Lessor may carry. <br />(c) Contractual Liability. Liability Insurance policies shall contain <br />contractual liability coverage, for the Tenant's indemnity obligations under this Lease. The <br />Tenant's obtaining or failure to obtain such contractual liability coverage shall not relieve the <br />Tenant from nor satisfy any indemnity obligation of the Tenant under this Lease. <br />(d) Deliveries to the Lessor. Prior to the commencement of any Due <br />Diligence Investigations, and no later than twenty (20) days before any insurance required by this <br />Lease expires, is cancelled or its liability limits are reduced or exhausted, the Tenant shall deliver <br />to the Lessor certificates of insurance evidencing the Tenant's maintenance of all insurance this <br />Lease requires. Each insurance carrier shall give the Lessor no less than thirty (30) calendar days' <br />advance written Notice of any cancellation, non -renewal, material change in coverage or available <br />limits of liability under any insurance policy required by this Lease. Also, phrases such as <br />"endeavor to" and "but failure to mail such Notice shall impose no obligation or liability of any <br />kind upon the company" shall not be included in the cancellation wording of any certificates of <br />insurance or any coverage for the Lessor. <br />(e) Waiver of Certain Claims. The Tenant shall attempt in good -faith <br />to cause the insurance carrier for each Liability Insurance, Automobile Liability Insurance and <br />Property Insurance policy to agree to a Waiver of Subrogation, if not already in the policy. To the <br />extent that the Tenant actually obtains insurance with a Waiver of Subrogation, the Parties release <br />each other, and their respective authorized representatives, from any claims for damage to any <br />Person or property that are caused by or result from risks insured against under such insurance <br />policies. <br />(f) No Representation. Neither Party makes any representation that the <br />limits, scope, or forms of insurance coverage this Lease requires are adequate or sufficient. <br />(g) No Claims Made Coverage. None of the insurance coverage <br />required under this Lease may be written on a claims -made basis. <br />Page 120 <br />
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