damages, or expenses resulting from Tenant's occupation and use of the Premises, specifically including,
<br />without limitation, any liability, claim, loss, damage, or expense arising by reason of the following:
<br />(a) The death or injury of any person, including Tenant or any person who is an employee or agent of
<br />Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or
<br />by any person who is an employee or agent of Tenant, from any cause whatever while that person or property
<br />is in or on the Premises or in any way connected with the Premises or with any of the Improvements or
<br />personal property on the Premises;
<br />(b) The death or injury of any person, including Tenant or any person who is an employee or agent of
<br />Tenant, or by reason of the damage to or destruction of any property, including property owned by Tenant or
<br />any person who is an employee or agent of Tenant, caused or allegedly caused by either (1) the condition of
<br />the Premises or some building or improvement on the Premises, or (2) some act or omission on the Premises
<br />of Tenant or any person in, on, or about the Premises with the permission and consent of Tenant;
<br />(c) Any work performed on the Premises or materials furnished to the Premises at the instance or
<br />request of Tenant or any person or entity acting for or on behalf of Tenant; or
<br />(d) Tenant's failure to perform any provision of this lease or to comply with any requirement of law or
<br />any requirement imposed on Tenant or the Premises by any duly authorized governmental agency or political
<br />subdivision.
<br />Section 8.02. Liability Insurance
<br />Tenant shall, at Tenant's own cost and expense, procure and maintain during the entire term of this
<br />lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance
<br />company licensed by the State of California insuring Tenant and landlord against loss or liability caused by or
<br />connected with Tenant's occupation and use of the Premises under this lease in amounts not less than the
<br />following:
<br />(a) Public liability and property damage insurance with a single combined liability limit of not less
<br />than $1,000,000.00 (One Million Dollars) insuring against all liability of Tenant and its authorized
<br />representatives arising out of and in connection with Tenants use or occupancy of the Premises.
<br />Section 8.03. Fire and Casualty Insurance
<br />Tenant shall, at Tenant's own cost and expense, at all times during the term of this lease, keep all
<br />Improvements on the Premises insured for their full replacement value by insurance companies authorized to
<br />do business in the State of California against loss or destruction by fire and the perils commonly covered
<br />under the standard extended coverage endorsement to fire insurance policies in the county where the Premises
<br />are located. For as long as there is any Leasehold Encumbrance in existence, that policy shall also contain a
<br />standard lender endorsement.
<br />Section 8.04. Specific Perils to Be Insured
<br />Notwithstanding anything to the contrary contained in Section 8.03 of this lease, the insurance required
<br />by Section 8.03 of this lease shall, whether or not included in the standard extended coverage endorsement
<br />referred to in Section 8.03, insure all Improvements on the Premises against loss or destruction by windstorm,
<br />cyclone, tornado, hail, explosion, riot, riot attending a strike, civil commotion, malicious mischief, vandalism,
<br />aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 8.03 of
<br />this lease during the construction of the Community Center described in Article S shall include coverage for
<br />course of construction, vandalism, and malicious mischief, insuring the Community Center during its
<br />construction and all materials delivered to the site of the Community Center for their full insurable value.
<br />
|