OF THIS LEASE.
LANDLORD
SHALL BE NAMED AS AN ADDITIONAL INSURED AS THEIR INTERESTS MAY APPEAR USING
FORM CG2011 OR A COMPARABLE FORM APPROVED BY LANDLORD.
TENANT SHALL PROVIDE AN
ENDORSEMENT OR POLICY EXCERPT SHOWING THAT TENANT'S COVERAGE IS PRIMARY AND ANY
INSURANCE CARRIED BY LANDLORD SHALL BE EXCESS AND NON-CONTRIBUTING.
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, AND (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.
LIABILITY LIMITS SHALL
NOT BE LESS THAN:
Bodily Injury and Property Damage Liability
$5,000,000 each occurrence or any combination of primary and excess/umbrella
liability insurance
Personal Injury and Auto Liability
$5,000,000 each occurrence or any combination of primary and excess/umbrella
liability insurance
10.4.2
PROPERTY 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 IMPROVEMENTS 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.
SUCH INSURANCE SHALL
BE WRITTEN ON A SPECIAL FORM BASIS, FOR THE FULL REPLACEMENT COST VALUE (SUBJECT
TO REASONABLE DEDUCTIBLE AMOUNTS), 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, INCLUDING, BUT NOT LIMITED TO, SPRINKLER LEAKAGE, BURSTING
OR STOPPAGE OF PIPES, AND EXPLOSION.
10.4.3
BUSINESS INTERRUPTION, LOSS OF INCOME AND EXTRA EXPENSE INSURANCE IN
SUCH AMOUNTS AS WILL REIMBURSE TENANT FOR ACTUAL DIRECT OR INDIRECT LOSS OF
EARNINGS FOR UP TO ONE (1) YEAR ATTRIBUTABLE TO THE RISKS OUTLINED IN
SECTION 10.4.2 ABOVE.
34
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
10.4.4
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY OR OTHER SIMILAR
INSURANCE PURSUANT TO ALL APPLICABLE STATE AND LOCAL STATUTES AND REGULATIONS
AND EMPLOYER'S LIABILITY WITH MINIMUM LIMITS NOT LESS THAN $1,000,000 PER
EMPLOYEE.
10.4.5
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE COVERING ALL OWNED (IF
ANY), HIRED, OR NON-OWNED VEHICLES WITH LIMITS NOT LESS THAN $1,000,000 COMBINED
SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE.
10.5
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) 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,
(II) BE IN FORM AND