A
BROAD FORM COMMERCIAL GENERAL LIABILITY ENDORSEMENT COVERING THE INSURING
PROVISIONS OF THIS LEASE AND THE PERFORMANCE BY TENANT OF THE INDEMNITY
AGREEMENTS SET FORTH IN SECTION 10.1 OF THIS LEASE, FOR LIMITS OF LIABILITY NOT
LESS THAN:
Bodily Injury and Property Damage Liability
$5,000,000.00 each occurrence
$5,000,000.00 annual aggregate
Personal Injury Liability
$5,000,000.00 each occurrence
$5,000,000.00 annual aggregate
10.3.2
PHYSICAL DAMAGE INSURANCE COVERING (I) ALL OFFICE FURNITURE, TRADE
FIXTURES, OFFICE EQUIPMENT, MERCHANDISE AND ALL OTHER ITEMS OF TENANT'S PROPERTY
ON THE PREMISES INSTALLED BY, FOR, OR AT THE EXPENSE OF TENANT, (II) THE TENANT
IMPROVEMENTS, INCLUDING ANY TENANT IMPROVEMENTS WHICH LANDLORD PERMITS TO BE
INSTALLED ABOVE THE CEILING OF THE PREMISES OR BELOW THE FLOOR OF THE PREMISES,
AND (III) ALL OTHER IMPROVEMENTS, ALTERATIONS AND ADDITIONS TO THE PREMISES,
INCLUDING ANY IMPROVEMENTS, ALTERATIONS OR ADDITIONS INSTALLED AT TENANT'S
REQUEST ABOVE THE CEILING OF THE PREMISES OR BELOW THE FLOOR OF THE PREMISES.
SUCH INSURANCE SHALL BE WRITTEN ON A "PHYSICAL LOSS OR DAMAGE" BASIS UNDER A
"SPECIAL FORM" POLICY, FOR THE FULL REPLACEMENT COST VALUE 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 A VANDALISM AND MALICIOUS
MISCHIEF ENDORSEMENT, AND SPRINKLER LEAKAGE COVERAGE.
10.3.3
WORKER'S COMPENSATION INSURANCE AS REQUIRED BY LAW.
10.3.4
BUSINESS INTERRUPTION, LOSS-OF-INCOME AND EXTRA EXPENSE INSURANCE IN
SUCH AMOUNTS AS WILL REIMBURSE TENANT FOR DIRECT OR INDIRECT LOSS OF EARNINGS
ATTRIBUTABLE TO ALL PERILS COMMONLY INSURED AGAINST BY PRUDENT TENANTS OR
ATTRIBUTABLE TO PREVENTION OF ACCESS TO THE PREMISES OR TO THE BUILDING AS A
RESULT OF SUCH PERILS.
10.3.5
FORM OF POLICIES.
THE MINIMUM LIMITS OF POLICIES OF INSURANCE
REQUIRED TO BE CARRIED BY LANDLORD AND TENANT UNDER THIS LEASE SHALL IN NO EVENT
LIMIT THE LIABILITY OF TENANT OR LANDLORD UNDER THIS LEASE.
TENANT'S INSURANCE
SHALL:
(I) NAME LANDLORD, AND ANY PROPERTY MANAGER AND MORTGAGEE OF LANDLORD,
AS LOSS PAYEES OR ADDITIONAL INSUREDS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR
(FOR THE INSURANCE TO BE PROVIDED UNDER SECTIONS 10.3.1, 10.3.2(II) AND
10.3.2(III) ABOVE, ONLY); (II) SPECIFICALLY COVER THE LIABILITY ASSUMED BY
TENANT UNDER THIS LEASE TO THE EXTENT INSURABLE BY A COMMERCIALLY REASONABLY
AVAILABLE COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING, BUT NOT LIMITED TO,
TENANT'S OBLIGATIONS UNDER SECTION 10.1.1 OF THIS LEASE; (III) BE ISSUED BY AN
INSURANCE COMPANY HAVING A RATING OF NOT LESS THAN A-VIII IN BEST'S INSURANCE
GUIDE OR WHICH IS OTHERWISE ACCEPTABLE TO LANDLORD AND APPROVED 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) PROVIDE THAT SAID
INSURANCE SHALL NOT BE CANCELED OR COVERAGE CHANGED BELOW THE MINIMUM AMOUNTS
REQUIRED HEREUNDER UNLESS TEN (10) DAYS' PRIOR WRITTEN NOTICE SHALL HAVE BEEN
GIVEN TO LANDLORD AND ANY MORTGAGEE OR GROUND OR UNDERLYING LESSOR OF LANDLORD,
TO THE EXTENT SUCH NAMES ARE FURNISHED TO TENANT; (VI) CONTAIN A