|
<br />EXHIBIT B
<br />
<br />TENANT'S INSURANCE
<br />
<br />The following standards for Tenant's insurance shall be in effect at the - Center. Landlord reserves the right
<br />to adopt reasonable modifications and additions hereto, and Tenant agrees to obtain and present evidence to Landlord
<br />when requested that it has fully complied with the insurance clause by obtaining the policies herein described.
<br />
<br />(a) Types. Tenant, at its sole cost and expense, shall, commencing on the date Tenant is given access to the Premises
<br />for any purpose, and during the Term, procure, pay for and keep in full force and effect:
<br />
<br />(i) comprehensive liability insurance with respect to the Premises and the operations of or on behalf of
<br />Tenant or its Concessionaires in, on or about the Premises in an amount not less than One Million Dollars
<br />($1,000,000) combined single limit bodily injury, personal injury, death and property damage liability per occurrence,
<br />subject to such increases in amount as Landlord may reasonably require 1T0m time to time, Coverage shall include but
<br />not be limited to personal injury, blanket contractual, cross liability, severability of interest, broad form property
<br />damage, products/completed operations, owned and non-owned automobile, and, if this Lease covers premises in
<br />which alcoholic beverages are served, sold and/or consumed or obtained, liquor liability coverage. Policy or policies
<br />to include a provision that (I) coverage shall be primary as respects any loss or claim arising directly or indirectly out
<br />of the operations of Tenant, any policies carried by Landlord shall be excess and non-contributing with such policy or
<br />policies, and (2) that Landlord and any other parties in interest shall be an additional insured under such policy or
<br />policies;
<br />
<br />(ii) worker's compensation coverage as required by law, together with employers liability coverage;
<br />
<br />(iii) business interruption or loss of income insurance in amounts satisfactory to Landlord;
<br />
<br />(iv) with respect to improvements, alterations and the like required or permitted to be made by Tenant
<br />hereunder, contingent liability and builder's risk insurance;
<br />
<br />(v) with respect to Tenant's leasehold improvements, merchandise, stock, trade fixtures, furnishings,
<br />equipment and other items of personal property of Ten ant or Tenant's customers located on or in the Premises,
<br />insurance against fire, extended coverage, vandalism, and malicious mischief, and such other additional perils as now
<br />are or may be included in standard "all risk" forms in general use in Orange County, California, for an amount equal
<br />to not less than ninety percent (90%) of the actual replacement cost thereof and when Landlord or any other party may
<br />have some interest in said personal property, then Landlord and any other parties in interest shall be an additional
<br />insured under such policy or policies, and such insurance shall contain a replacement cost endorsement;
<br />
<br />(vi) plate glass insurance at full replacement value (Tenant may elect to self insure);
<br />
<br />(vii) boiler and machinery insurance as applicable (Tenant may elect to self insure);
<br />
<br />(viii) when Tenant operates a food market, Landlord's building must be insured by Tenant if said building is
<br />considered a separate fire division by a fire insurance rating authority, in addition to Tenant's leasehold
<br />improvements. merchandise, stock, trade fixtures, furnishings, equipment or other items of personal property, and
<br />Landlord shall be an additional insured under such policy or policies with the same "all risk" fonn and ninety percent
<br />(90%) replacement cost coverage as required in paragraph (v) above with deductibles acceptable to Landlord and
<br />replacement cost endorsement.
<br />
<br />(b) Standard. All policies of insurance required to be carried by Tenant under this Lease shall be written by
<br />responsible and solvent insurance companies authorized to do business in the State of California and havmg a
<br />policyholder's rating of "A" (Excellent) or better, and a financial rating of "X" or better, in "Best's Insurance Reports-
<br />Fire and Casualty," Any such insurance required of Tenant hereunder may be furnished by Tenant und~r any blanket
<br />policy carried by it or under a separate policy therefoL A copy of each paid ~p ~olicy evidencing such Insura~ce
<br />(appropriately authcnticated by the insurer) or a certificate of the insurer, certltylng that such policy has. been Issued,
<br />providing the coverage required by this Section and containing provisions specified herein, shall be delivered to
<br />Landlord prior to the date Tenant is given the right of possession of the Premises, and upon ren~wals, n.ot le~s than
<br />thirty (30) days prior to the expiration of such coverage, Landlord may, at any time, and from tIme to time, Ins~e~t
<br />and/or copy any and all insurance policies required to be procured by Tenant hereundeL In no event shall the limIts of
<br />any policy be considered as limiting the liability of Tenant under this Lease,
<br />
<br />(c) Specific Provisions in Policy. Each policy evidencing insurance required to be carried by Tenant pursuant to this
<br />Article shall contain the following provisions or clauses:
<br />
<br />(i) a provision that the insurer will not cancel, or materially change the coverage provided by such policy
<br />without tirst giving Landlord thirty (30) days' prior written notice;
<br />
<br />I of 2 pages
<br />
|