LESS THAN:
Bodily Injury and
$5,000,000 each occurrence
Property Damage Liability
$5,000,000 annual aggregate
31
Personal Injury Liability
$5,000,000 each occurrence
$5,000,000 annual aggregate
0% Insured's participation
10.3.2
PHYSICAL DAMAGE INSURANCE COVERING (I) ALL OFFICE
FURNITURE, BUSINESS AND TRADE FIXTURES, OFFICE EQUIPMENT, FREE-STANDING CABINET
WORK, MOVABLE PARTITIONS, MERCHANDISE AND ALL OTHER ITEMS OF TENANT'S PROPERTY
ON THE PREMISES INSTALLED BY, FOR, OR AT THE EXPENSE OF TENANT, (II) THE
BUILDING SYSTEMS, THE "TENANT IMPROVEMENTS," AS THAT TERM IS DEFINED IN
SECTION 2.1 OF THE TENANT WORK LETTER, AND ANY OTHER IMPROVEMENTS WHICH EXIST IN
THE PREMISES AS OF THE LEASE COMMENCEMENT DATE (EXCLUDING THE BASE BUILDING)
(THE "ORIGINAL IMPROVEMENTS"), AND (III) ALL OTHER IMPROVEMENTS, ALTERATIONS AND
ADDITIONS TO THE PREMISES MADE BY TENANT.
SUCH INSURANCE SHALL BE WRITTEN ON A
"SPECIAL CAUSE OF LOSS" PHYSICAL LOSS OR DAMAGE BASIS, FOR THE FULL REPLACEMENT
COST VALUE (SUBJECT TO REASONABLE DEDUCTIBLE AMOUNTS) NEW WITHOUT DEDUCTION FOR
DEPRECIATION OF THE COVERED ITEMS AND IN AMOUNTS THAT MEET ANY CO-INSURANCE
CLAUSES OF THE POLICIES OF INSURANCE AND SHALL INCLUDE COVERAGE FOR DAMAGE OR
OTHER LOSS CAUSED BY FIRE OR OTHER PERIL INCLUDING, BUT NOT LIMITED TO,
VANDALISM AND MALICIOUS MISCHIEF, THEFT, WATER DAMAGE OF ANY TYPE (PROVIDED THE
FOLLOWING SHALL NOT REQUIRE TENANT TO CARRY FLOOD INSURANCE, WHICH FLOOD
INSURANCE MAY INSTEAD BE CARRIED BY LANDLORD PURSUANT TO SECTION 10.2, ABOVE),
INCLUDING SPRINKLER LEAKAGE, BURSTING OR STOPPAGE OF PIPES, AND EXPLOSION.
10.3.3
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY OR OTHER
SIMILAR INSURANCE PURSUANT TO ALL APPLICABLE STATE AND LOCAL STATUTES AND
REGULATIONS.
10.4
FORM OF POLICIES.
THE MINIMUM LIMITS OF POLICIES
OF INSURANCE REQUIRED OF TENANT UNDER THIS LEASE SHALL IN NO EVENT LIMIT THE
LIABILITY OF TENANT UNDER THIS LEASE.
SUCH INSURANCE SHALL (I) NAME LANDLORD,
AND ANY OTHER PARTY THE LANDLORD SO SPECIFIES THAT HAS A MATERIAL FINANCIAL
INTEREST IN THE PROJECT, AS AN ADDITIONAL INSURED, INCLUDING LANDLORD'S MANAGING
AGENT, IF ANY; (II) SPECIFICALLY COVER THE LIABILITY ASSUMED BY TENANT UNDER
THIS LEASE, INCLUDING, BUT NOT LIMITED TO, TENANT'S OBLIGATIONS UNDER
SECTION 10.1 OF THIS LEASE TO THE EXTENT CONSISTENT WITH COMMERCIALLY STANDARD
POLICIES OF SUCH INSURANCE COVERAGE; (III) BE ISSUED BY AN INSURANCE COMPANY
HAVING A RATING OF NOT LESS THAN A-X IN BEST'S INSURANCE GUIDE OR WHICH IS
OTHERWISE ACCEPTABLE TO LANDLORD AND LICENSED TO DO BUSINESS IN THE STATE OF
CALIFORNIA; (IV) BE PRIMARY INSURANCE AS TO ALL CLAIMS THEREUNDER AND PROVIDE
THAT ANY INSURANCE CARRIED BY LANDLORD IS EXCESS AND IS NON-CONTRIBUTING WITH
ANY INSURANCE REQUIREMENT OF TENANT; (V) BE IN FORM AND CONTENT REASONABLY
ACCEPTABLE TO LANDLORD; AND (VI) PROVIDE THAT SAID INSURANCE SHALL NOT BE
CANCELED OR COVERAGE MATERIALLY CHANGED UNLESS TEN (10) DAYS' PRIOR WRITTEN
NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD AND ANY MORTGAGEE OF LANDLORD, THE
IDENTITY OF WHOM HAS BEEN PROVIDED TO TENANT IN WRITING.
TENANT SHALL DELIVER
SAID POLICY OR POLICIES OR CERTIFICATES THEREOF TO LANDLORD ON OR BEFORE THE
LEASE COMMENCEMENT DATE AND AT LEAST THIRTY (30) DAYS BEFORE THE