EXHIBIT "G"
<br />INSURANCE REQUIREMENTS
<br />Policies.
<br />1.1 Propmdv Insurance. At all times during the Term of this Lease, Tenant shall procure and maintain, at its sole expense, "All -
<br />Risk" (and at Landlord's option earthquake, earthquake sprinkler leakage and/or flood) property insurance, in an amount not less than one hundred
<br />percent (100°/a) of replacement cost covering: (a) all Leasehold Improvements (b) all floor and wall coverings; and (c) kill Tenant's Personal Property
<br />Ili or about the Premises olid Project. The proceeds of such insurance Shall be used for the repair and replacement of the property so insured, except
<br />that if not so applied or if this Lease is terminated following a casunity, lite proceeds applicable to the Leasehold Improvements shall be paid to
<br />Landlord and the proceeds applicable to Tenant's Personal Property shall be paid to Tenant.
<br />1.2 Business Interruntion Insurance. At all times during the Term of this Lease, Tenant shall procure and maintain business
<br />Interruption insurance in such amount as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against in
<br />Section 13 of this Exhibit "G" for a period of not less than twelve (12) months.
<br />1.3 Liability Insurance.
<br />1.3.1 At all times during the Term of this Lease, Tenant shall procure and maintain, at its sole expense for the protection of
<br />Landlord and Tenant, commercial general liability insurance applying to the use and occupancy of the Premises end the business operated by Tenant.
<br />Such insurance shell have a minimum combhied single limil of liability of at least $2,000,000 per occurrence and o general aggregate limit of at least
<br />$3,000,000, and Tenant shall provide in addition excess liability insurance on a following form basis, with overall limits of at Ieusl $5,000,000. All
<br />such policies shall be written to apply to all bodily injury (including dean), property damage and personal injury losses, shall include blanket
<br />contractual liability, broad form property damage, independent conhactor's coverage, completed operations, products liability, cross liability and
<br />severance of interest clauses. and shall be endorsed to include Landlord and the Landlord's Additional Insureds as additional insureds.
<br />1.3.2 At all times during the Tem of this Lease, Tenant shall procure and maintain, at its sole expense for the protection of
<br />Landlord and Tenant, primary automobile liability insurance with limits of not less than $1,000,000 per occurrence covering owned, hired and non•
<br />owned vehicles used by'renanL
<br />1.3.3 Prior to the sale, storage, use or giving away of alcoholic beverages on or from the Premises by Tenant or another
<br />person, Tenant, at its own expense, shall obtain a policy or policies of insurance issued by a responsible insurance company mid in a form acceptable
<br />to Landlord saving harmless and protecting Landlord and the Premises against any and all damages, claims, liens, judgments, expenses and costs,
<br />including actual attorneys' fees, arising under any present or future law, statute, or ordinance of the State of Califorin or other governmental
<br />authority having jurisdiction of the Premises, by reason of any storage, sale, use or giving away of alcoholic beverages on or from the Premises,
<br />Such policy or policies of insurance shall have a minimum combined single lhnit of $3,000,000 per occurrence and shall apply to bodily injury, fatal
<br />or nonfatal; injury to means of support; and injury to properly of any person, Such policy or policies of insurance shall name the Landlord and its
<br />agents, beneficiaries, parties, employees and any I -holder of any Security lustrcnent deslgnnted by Landlord as additional insureds.
<br />IA Workers, Comaetsatioll; Employer's Liability Insurance. Worker's Compensation Insurance. In accordance with the
<br />provisions of Section 3700 of the Labor Code, Tenant, if 'tenant has any employees, is required to be insured against liability for worker's
<br />compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Tenant agrees to obtain mid
<br />maintain any employer's liability insurmice with limits not less than $1,000,000 per accident.
<br />2, Policy Requirements. All insurance required to be maintained by Tenant shall be issued by insurance companies authorised to do
<br />insurance business in the State of California and rated not less than A:X in Best's Insurance Guide. All such insurance policies shall be written as
<br />primary policies, not excess or contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds. A
<br />certificate orinsurince (ar, at Landlord's option, copies ofthe applicable policies) evidencing the insurance required under this Exhibit "G" shall be
<br />delivetmd to Landlord mol less then thirty (30) days prior to the Commencement Date. No such policy shall be subject to cancellation or modification
<br />without thirty (30) days prior written notice to Landlord and to any Holder of any Security Instrument designated by Landlord and such policy shall
<br />be endorsed to provide that the insurer thereunder shall provide Landlord with written notice of any firilnre by'renaot to pay any premium thereunder
<br />when due and such failure continues for a period often (IO) days after such date. "Tenant shall finnish Landlord with a replacement certificate with
<br />respect to ray insurance not less then thirty (30) clays prior to the expiration ofthe current policy. Tenant shall have the right to provide [he insurance
<br />required by this Exhibit "CT pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the Premises and due
<br />Landlord as required by this Lease without regard to claims matte undo such policies with respect to other persons.
<br />3. Miscellaneous, 'Tenial shall not keep, use, sell or offer for sale in or upon the Premises any article which may tie prohibited by any
<br />insurance policy periodically in farce covering the Premises, the Building or the Project. If any of Landlord's insurance policies shall be cancelled or
<br />cancellation Shall be threatened or tine coverage dicrcundcr reduced or thnentened to be reduced in any way because of the use of the lionises or any
<br />part thereof' by Tenant or any assignee. sublenant licensee or invitee of Tenant and, if Tenant fails to rennady One condition giving rise to such
<br />cancellation, threatened cancellation. reduction of coverage, or threatened redaction of coverage, within 48 hours after notice thereof, Landlord may.
<br />at its option, either terminate this Lease or enter upon the Promises and attempt to renedy such condition, and 'Tenant shall promptly pay the cost
<br />thereof to Landlord its Additional Rant. If Landlord is unable. or elects not to reniedv such condition. Olen Landlord .shall have all of One remedies
<br />provided fur in this Lease upon [lie occurrence of an Event of Dofimlt, 'femm� shall not do or perwit ti be done any act or filings upon or about the
<br />Premises or the Project, which will: (a) result in the assertion of any defense by the insurer to any claim under, (b) invalidate or (c) be in conflict
<br />with, the insurance policies of Landlord or Tenant covering the Building. the Premises or lixlures and property thcrcin. or which would increase the
<br />rate of fire insurance applicable to the Building or the Project to an amount helier than it otherwise would be; and Tenant shall ucithor do nor permit
<br />to be clone any act or thing upon or about the PI'eml5ea or the Building which shall or might subject Landlord to env liability ar responsibility for
<br />injury to any person nr persons or to property. 11. as a result crony act or omission by or on the part nfTenont or violation of this Lease, whether or
<br />801 A'Chk Cenlei Dr—Girt•ol'Smila laer Lease -I- Exhibit
<br />
|