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Last modified
10/20/2015 3:06:08 PM
Creation date
10/20/2015 2:55:50 PM
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Contracts
Contract #
A-1998-164
Agency
Community Development
Destruction Year
2007
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effect a policy or policies of Worker's Compensation insurance, with coverage not less than the min- <br />imum required by the State of California. <br />D. Each insurance policy (and certificate thereof) obtained by Tenant pursuant to this lease shall <br />contain a clause that the insurer will provide Owner and Owners designees) with at least 30 days <br />prior written notice of any material change, nonrenewal or cancellation of the policy. Each such <br />insurance policy shall be with an insuranoe company authorized to do business in the State of Cali- <br />fornia and rated not less than Best's Financial Class X and Best's Policyholder Rating B+. A cer- <br />tificate (on the standard A00RD form and issued by an authorized representative of the insurer) <br />evidencing the coverage under each such policy, as well as a certified copy of the aforementioned <br />additional insured lessor endorsement, shall be delivered to Owner and Owner's designee(s) prior to <br />mamencemert of the Tease term. Each such policy shall provide that any loss payable thereunder <br />shall be payable notwithstanding: <br />(1) any act, omission or neglect by Tenant, or by any subtenaut of Tenant, or <br />(2) any occupation or use of the property (or any portion thereof) by Tenant, or by any subte- <br />nant of Tenant, for purposes more hazardous than permitted by the teams,of such policy or <br />policies, or <br />(3) any foreclosure or other action or proceeding taken by any mortgagees) or trustee(s) pursu- <br />ant to any provision of any mortgage(s) or deed(s) of trust covering the Property, or <br />(4) any change in title or ownership of the Property. <br />E. Any insurance policies required hereunder shall be written as primary policies, not contributing <br />with or in excess of any coverage which Owner or Owners designee(s) may carry, with loss payable <br />clauses satisfactory to Owner and in favor of Owner, or at Owner's option, in have of Owner and <br />Owner's designee(s). Tennant shall procure and maintain all policies (that it is required to obtain <br />hereunder) entirely at its own expense and shall, at least 20 days prior to the expiration of any <br />such policies, furnish Owner with renewals or "binders" thereof, or Owner shall have the right (but <br />not the obligation, which shall be solely Tenant's to order such insurance and charge the cost the <br />reof to Tenant. No such payment by Owner shall constitute a waiver of any other of Owners rights <br />under this Tease. Tennant shall not do or permit to be done anything which shall invalidate the <br />insurance policies referred to herein or the coverage thereunder. If Tennant (or any subtenant of <br />Tenant) does or permits to be done anything which shall reimburse Owner for any additional premiums <br />attributable to any act or omission or operation of Tenant (or any subtenant of Tenant) causing such <br />increase in the cost of insurance. Any amount owed by Tenant under this paragraph shall be payable <br />as additional rent for the month immediately succeeding the math in which Tenant received a bill <br />therefor from Owner. <br />F. If, on account of the failure of Tennant to comply with the provisions of this Article, Owner is <br />deemed a co- insurer by its insurance carrier, then any Loss or damage which Owner shall sustain by <br />reason thereof shall be borne by Tenant and shall be immediately paid by Tenant upon receipt of a <br />bill therefor and evidence of such loss. <br />G. Owner makes no representation that the limits of liability specified to be carried by Tenant <br />under the terms of this Tease are adequate to protect Tenant against Tenant's indemnification obli- <br />gations under this Lease, and if Tenant believes that any such insurance coverage called for under <br />this Lease is insufficient, Tenant shall provide, at its own expense, such additional insurance as <br />Tenant deems adequate, because the limits of any insurance coverage required under this Article shll <br />not limit the liability of Tenant under this lease. <br />A. If the lease term is more than five years, then (not more frequently than each five years) if in <br />Owners opinion the amount of any insurance coverage maintained by Tenant at that time is not ade <br />quate, Tenant shall increase the insurance coverage as reasonably required by Owner. <br />ARTICLE 46. UMNATM RIG M. <br />All rights, options and remedies of Owner contained in this lease shall be construed and held to be <br />emulative, and no one of them shall be exclusive of the other, and Owner shall have the right to <br />pursue any one or all of such remedies or any other remedy or relief which may be provided by law or <br />equity, whether or not stated in this Tease. ' <br />-22- <br />
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