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C. Primary Insurance: "it is agreed that any insurance maintained by the Orange County Flood Control District and County of Orange will apply in excess of and not contribute with, insurance provided by this policy." An endorsement evidencing that the TENANT'S insurance is primary and non-contributing shall accompany the Commercial General Liability Certificates of Insurance. (Primary Insurance Endorserrent onlyl-e lured for Commercial General Liability.) D. Waiver of Subrogation: "All rights of subrogation are hereby waived against the Orange County Flood Control District and County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers and employees, when acting within the scope oftheir appointment or employment." A waiver of subrogation endorsement with such language shall accompany the Certificate of Insurance. E. Property/Fire Insurance: Tenant shall obtain and keep in force during the terns of"this Lease, All Risk property insurance, covering loss or damage to the structures and improvements for the full Replacement Cost Value. THIS LEASE SMALL AUTOMATICALLY TERMINA`I'I AT TIII; SANIE -I'I1NIF TENANT'S INSURANCE COVERAGE IS TERMINATED. IF WITHIN 10 DAYS AFTER TERMINATION UNDER TFus C:'I.AUSE, TENANT OBTAINS AND PROVIDES EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO DIREC`OR,11IIS LEASE MAY BE REINSTATED, AT THE SOLE DISCRETION OF DIRECTOR. IF REINSTATED, TENANT SHALL PAY $200 TO C OVFR THF PRO FSSING COSTS INCURRED BY DISTRICT. TENANT agrees that TENANT shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate or official binder being in the possession of Director. In no cases shall assurances by TENAN°.I', its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. TENANT also agrees that upon cancellation, termination, or expiration of TI NANT"S insurance. that DISTRICT ntay take whatever steps are necessary to interrupt any operation f'rom or on the Premises until such time as the Lease is reinstated by the Director. TENANT further agrees to hold DISTRICT harmless for any damages resulting from such interruption of business including but not limited to damages resulting from any loss of%nco ne or business resulting frorai DISTRICT'S action. Director expressly retains the right to require TENANT to increase or decrease insurance of any of the above insurance types throughout the term of this Lease. Any increase or decrease in insurance will be deemed by County of Orange Risk Manager as appropriate to adequately protect DISTRICT. Director shall notify TENANT in writing of changes in the insurance requirements. If TENANT does not. deposit copies ofacceptable certificates of insurance and endorsements with DISTRtcr incorporating such changes within thirty days of receipt of such notice, this Lease Agreement may be in breach without further notice to TENANT. and DISTRICT shall be entitled to all legal remedies. The procuring; ol'such required policy or policies of insurance shall not be construed to limit '14"NANT'S liability hereunder nor to fulfill the inderrmification and hold harmless provisions and requirements. TENANT liability is limited to the availability of the insurance in the marketplace at the time the Lease is executed by DISTRICT. Santa Ana Rw r(`hamw l(1:4) 1-PtiSi1 kfii „ Park Lease (RI V 10.29.f A t 20D-11