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DO NOT RECORD (d) Upon the expiration or termination of this Agreement, Landlord shall approve in writing the surrender of the Premises by Tenant only after being satisfied that the Premises has been left in good and clean condition, less ordinary wear and tear. (e) Quiet Enjoyment. Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Agreement. Section 3.02 Liens Tenant will not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Tenant, or any person claiming under Tenant. ARTICLE 4 -INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in such legal action unless Landlord undertakes to represent itself as codefendant in such legal action, in which event Landlord shall bear its own litigation costs, expenses and attorney's fees. Section 4.02 Insurance In addition to the Tenant's covenant to indemnify and hold harmless Landlord, Tenant shall obtain and furnish to Landlord, a policy of general public liability insurance, commercial general liability, covering the Premises. The policy shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. Tenant shall provide Landlord a certificate of insurance evidencing that the City of Santa Ana, its agents, officers, employees and volunteers are Additional Insureds under such policy. Any insurance coverage of Landlord which maybe applicable to the Premises shall be deemed excess coverage and that Tenant's insurance shall be primary. Tenant is required to give the Landlord no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Tenant to furnish insurance during the term of this Agreement. Section 4.03 Property Insurance SDH130209.01041967911.2 6/16/2008