INSURED; (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; (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) PROVIDE THAT SAID INSURANCE SHALL NOT BE
CANCELED OR COVERAGE CHANGED UNLESS THIRTY (30) DAYS' PRIOR WRITTEN NOTICE SHALL
HAVE BEEN GIVEN TO LANDLORD AND ANY MORTGAGEE OF LANDLORD; AND (VI) CONTAIN A
CROSS-LIABILITY ENDORSEMENT OR SEVERABILITY OF INTEREST CLAUSE ACCEPTABLE TO
LANDLORD.
TENANT SHALL DELIVER SAID POLICY OR POLICIES OR CERTIFICATES THEREOF
TO LANDLORD ON OR BEFORE THE INSURANCE START DATE AND AT LEAST THIRTY (30) DAYS
BEFORE THE EXPIRATION DATES THEREOF.
IN THE EVENT TENANT SHALL FAIL TO PROCURE
SUCH INSURANCE, OR TO DELIVER SUCH CERTIFICATE, LANDLORD MAY, AT ITS OPTION,
PROCURE SUCH POLICIES FOR THE ACCOUNT OF TENANT, AND THE COSTS OF IT SHALL BE
PAID TO LANDLORD AS ADDITIONAL RENT WITHIN FIVE (5) DAYS AFTER DELIVERY TO
TENANT OF BILLS THEREFOR.
10.4
SUBROGATION.
TENANT AGREES TO HAVE ITS INSURANCE COMPANY ISSUING
PROPERTY DAMAGE, LOSS OF INCOME AND/OR RENTAL INTERRUPTION AND EXTRA EXPENSE
INSURANCE WAIVE ANY RIGHTS OF SUBROGATION THAT SUCH COMPANY MAY HAVE AGAINST
LANDLORD.
TENANT HEREBY WAIVES ANY RIGHT THAT TENANT MAY HAVE AGAINST LANDLORD
ON ACCOUNT OF ANY LOSS OR DAMAGE TO ITS PROPERTY.
IF TENANT FAILS TO CARRY
THE AMOUNTS AND TYPES OF INSURANCE REQUIRED TO BE CARRIED BY IT PURSUANT TO THIS
ARTICLE 10, IN ADDITION TO ANY REMEDIES LANDLORD MAY HAVE UNDER THIS LEASE, SUCH
FAILURE SHALL BE DEEMED TO BE A COVENANT AND AGREEMENT BY TENANT TO SELF-INSURE
WITH RESPECT TO THE TYPE AND AMOUNT OF INSURANCE WHICH TENANT SO FAILED TO
CARRY, WITH FULL WAIVER OF SUBROGATION WITH RESPECT THERETO.
10.5
ADDITIONAL INSURANCE OBLIGATIONS.
TENANT SHALL CARRY AND MAINTAIN
DURING THE ENTIRE LEASE TERM, AT TENANT'S SOLE COST AND EXPENSE, INCREASED
AMOUNTS OF THE INSURANCE REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THIS
ARTICLE 10, AND SUCH OTHER REASONABLE TYPES OF INSURANCE COVERAGE AND IN SUCH
REASONABLE AMOUNTS COVERING THE PREMISES AND TENANT'S OPERATIONS THEREIN, AS MAY
BE REASONABLY REQUESTED BY LANDLORD, BUT IN NO EVENT SHALL SUCH INCREASED
AMOUNTS OF INSURANCE OR SUCH OTHER REASONABLE TYPES OF INSURANCE BE IN EXCESS OF
THAT REQUIRED BY LANDLORDS OF COMPARABLE CLASS "A" BUILDINGS LOCATED IN THE
SORRENTO MESA AREA.
10.6
LANDLORD'S INSURANCE.
DURING THE TERM, LANDLORD SHALL MAINTAIN
CASUALTY INSURANCE COVERING THE BUILDING (EXCLUDING THE PROPERTY WHICH TENANT IS
OBLIGATED TO INSURE PURSUANT TO THE TERMS HEREOF).
SUCH INSURANCE SHALL PROVIDE
PROTECTION AGAINST ANY PERIL GENERALLY INCLUDED WITHIN THE CLASSIFICATION "FIRE
AND EXTENDED COVERAGE".
LANDLORD SHALL ALSO MAINTAIN COMPREHENSIVE GENERAL
LIABILITY AND PROPERTY DAMAGE INSURANCE WITH RESPECT TO THE