WALSH CONSTRUCTION COMPANY II, LLC (3)

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surrounding property, or Tenant's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising from the negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Tenant, upon receipt of written notice from Covered Party, shall defend the same at Tenant's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 16 shall survive the termination or expiration of this Agreement. 16. INSURANCE: Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Tenant's operation and use of the leased premises. The cost of such insurance shall be borne by Tenant. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL) Insurance Services Office Form CG 00 01 coverage CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 in the aggregate. Worker's Compensation insurance as required by the State of California, with statutory limits and Employer's Liability insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (This applies to Tenants with one or more employees.) Property Insurance coverage shall be on a broad form basis against all perils for damage to and loss of property, and tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract.