Common use of Insurance Coverages and Amounts Clause in Contracts

Insurance Coverages and Amounts. Tenant shall, at all times during the Term and at Tenant’s sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this section 8.2. (a) Tenant shall maintain commercial general liability insurance, including contractual liability, broad form property damage liability, premises and completed operations, with limits not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate, and for fire legal liability with a limit not less than one hundred thousand dollars ($100,000) and for medical payments with a limit not less than five thousand dollars ($5,000), insuring against claims for bodily injury, personal injury and property damage arising from the use, occupancy or maintenance of the Premises and the Property. The policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Any general aggregate shall apply on a per location basis. (b) If Tenant uses owned, hired and non-owned vehicles, Tenant shall maintain business auto liability insurance with limits not less than one million dollars ($1,000,000) per accident covering such vehicles. (c) Tenant shall carry workers’ compensation insurance for all of its employees in statutory limits as required by California law and employers liability insurance which affords not less than five hundred thousand dollars ($500,000) for each coverage. BE 543 154 EUL Final 120511 SAA2 – 402658 (d) Tenant shall maintain property insurance for the perils covered by a standard fire insurance policy, extended coverage perils and vandalism and malicious mischief and, if applicable, boiler machinery and pressure vessel insurance. The amount of such insurance shall be the Full Insurable Replacement Value (as defined below). All such policies shall specify that proceeds shall be payable on a Full Insurable Replacement Value basis if the improvements are actually repaired or rebuilt and on an “actual cash value” basis if the improvements are neither repaired nor replaced, and shall include a “guaranteed amount” or “stipulated amount” endorsement of coverage in lieu of a coinsurance provision under the policy. As used in this Lease, the phrase “Full Insurable Replacement Value” means one hundred percent (100%) of actual costs to perform repairs, maintenance, replacement or alterations of the Premises or any part thereof (without deduction for depreciation but with standard exclusions such as foundations, excavations, paving and landscaping, as applicable to specific perils), including Tenant’s movable furniture, equipment, trade fixtures or personal property in the Premises, and including the costs of demolition and debris removal and an increased cost of construction endorsement. The Full Insurable Replacement Value of Building 543 initially shall be one million four hundred fifty – three thousand dollars ($1,453,000). The Full Insurable Replacement Value of Building 154 initially shall be four million seven hundred forty – two thousand dollars ($4,742,000). Tenant shall, throughout the Term, maintain coverage at the current Full Insurable Replacement Value (with a commercially reasonable deductible) determined as provided herein.

Insurance Coverages and Amounts. Tenant shall, at all times during the Term term of this Lease and at Tenant’s 's sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this section 8.2. (a) Section 10.B. Tenant shall maintain commercial general liability insurance, including contractual liability, broad form property damage liability, fire legal liability, premises and completed operations, with limits not less than one million dollars ($1,000,000) per occurrence and three aggregate, with additional umbrella liability coverage of not less than eighteen million dollars ($3,000,00018,000,000.00) annual general aggregate, and for fire legal liability with a limit not less than one hundred thousand dollars ($100,000) and for medical payments with a limit not less than five thousand dollars ($5,000), insuring against claims for bodily injury, personal injury and property damage arising from the use, occupancy or maintenance of the Premises and the PropertyBuilding. The policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Any general aggregate shall apply on a per location basis. (b) If Tenant uses owned, hired and non-owned vehicles, Tenant shall maintain business auto liability insurance with limits not less than one million dollars ($1,000,000) per accident covering such vehicles. (c) owned, hired . and non-owned vehicles used by Tenant. Tenant shall carry maintain umbrella excess liability insurance on a following form basis in excess of the required commercial general liability, business auto and employers liability insurance with limits not less than five million dollars ($5,000,000) per occurrence and aggregate. Tenant shall maintain workers’ ' compensation insurance for all of its employees in statutory limits as required by California law in the state in which the Building is located and employers liability insurance which affords not less than five hundred thousand dollars ($500,000) for each coverage. BE 543 154 EUL Final 120511 SAA2 – 402658 (d) Tenant shall maintain all risk property insurance for all personal property of Tenant and improvements, fixtures and equipment constructed or installed by Tenant in the perils covered Premises in an amount not less than the full replacement cost, which shall include extra expense coverage with limits not less than four (4) months Rent obligation of Tenant under this Lease. If required by a standard fire Landlord, Tenant shall maintain boiler and machinery insurance policy, extended against loss or damage from an accident from the equipment in the Premises in an amount determined by Landlord and plate glass insurance coverage perils and vandalism and malicious mischief and, if applicable, boiler machinery and pressure vessel insuranceagainst breakage of plate glass in the Premises. The amount of such insurance Any deductibles selected by Tenant shall be the Full Insurable Replacement Value (as defined below). All such policies shall specify that proceeds shall be payable on a Full Insurable Replacement Value basis if the improvements are actually repaired or rebuilt and on an “actual cash value” basis if the improvements are neither repaired nor replaced, and shall include a “guaranteed amount” or “stipulated amount” endorsement sole responsibility of coverage in lieu of a coinsurance provision under the policy. As used in this Lease, the phrase “Full Insurable Replacement Value” means one hundred percent (100%) of actual costs to perform repairs, maintenance, replacement or alterations of the Premises or any part thereof (without deduction for depreciation but with standard exclusions such as foundations, excavations, paving and landscaping, as applicable to specific perils), including Tenant’s movable furniture, equipment, trade fixtures or personal property in the Premises, and including the costs of demolition and debris removal and an increased cost of construction endorsement. The Full Insurable Replacement Value of Building 543 initially shall be one million four hundred fifty – three thousand dollars ($1,453,000). The Full Insurable Replacement Value of Building 154 initially shall be four million seven hundred forty – two thousand dollars ($4,742,000). Tenant shall, throughout the Term, maintain coverage at the current Full Insurable Replacement Value (with a commercially reasonable deductible) determined as provided herein.

Insurance Coverages and Amounts. Tenant shall, at all times during the Term term of this Lease and at Tenant’s 's sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this section 8.2. (a) section. Tenant shall maintain commercial general liability insurance, including contractual liability, broad form property damage liability, fire legal liability, premises and completed operations, and medical payments, with limits not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate, and for fire legal liability with a limit not less than one hundred thousand dollars ($100,000) and for medical payments with a limit not less than five thousand dollars ($5,000), insuring against claims for bodily injury, personal injury and property damage arising from the use, occupancy or maintenance of the Premises and the PropertyBuilding. The policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. fire Any general aggregate shall apply on a per location basis. (b) If Tenant uses owned, hired and non-owned vehicles, . Tenant shall maintain business auto liability insurance with limits not less than one million dollars ($1,000,000) per accident covering such vehicles. owned, hired and non-owned vehicles used by Tenant. Tenant shall maintain umbrella excess liability insurance on a following form basis in excess of the required commercial general liability, business auto and employers liability insurance with limits not leas than two million dollars (c$2,000,000) per occurrence and aggregate. Tenant shall carry workers’ ' compensation insurance for all of its employees in statutory limits as required by California law in the state in which the Property is located and employers liability insurance which affords not less than five hundred thousand dollars ($500,000) for each coverage. BE 543 154 EUL Final 120511 SAA2 – 402658 (d) Tenant shall maintain all risk property insurance for all personal property of Tenant and improvements, fixtures and equipment constructed or installed by Tenant in the perils covered Premises in an amount not less than the full replacement cost, which shall include business income and extra expense coverage with limits not less than fifty percent (50%) of gross revenues for a period of twelve (12) months. If required by a standard fire Landlord, Tenant shall maintain plate glass insurance policy, extended coverage perils and vandalism and malicious mischief and, if applicable, boiler machinery and pressure vessel insuranceagainst breakage of plate glass in the Premises. The amount of such insurance Any deductibles selected by Tenant shall be the Full Insurable Replacement Value (as defined below). All such policies shall specify that proceeds shall be payable on a Full Insurable Replacement Value basis if the improvements are actually repaired or rebuilt and on an “actual cash value” basis if the improvements are neither repaired nor replaced, and shall include a “guaranteed amount” or “stipulated amount” endorsement sole responsibility of coverage in lieu of a coinsurance provision under the policy. As used in this Lease, the phrase “Full Insurable Replacement Value” means one hundred percent (100%) of actual costs to perform repairs, maintenance, replacement or alterations of the Premises or any part thereof (without deduction for depreciation but with standard exclusions such as foundations, excavations, paving and landscaping, as applicable to specific perils), including Tenant’s movable furniture, equipment, trade fixtures or personal property in the Premises, and including the costs of demolition and debris removal and an increased cost of construction endorsement. The Full Insurable Replacement Value of Building 543 initially shall be one million four hundred fifty – three thousand dollars ($1,453,000). The Full Insurable Replacement Value of Building 154 initially shall be four million seven hundred forty – two thousand dollars ($4,742,000). Tenant shall, throughout the Term, maintain coverage at the current Full Insurable Replacement Value (with a commercially reasonable deductible) determined as provided herein.,

Insurance Coverages and Amounts. Tenant shall, at all times during the Term term of this Lease and at Tenant’s 's sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this section 8.2. (a) section. Tenant shall maintain commercial general liability insurance, including contractual liability, broad form property damage liability, fire legal liability, premises and completed operations, and medical payments, with limits not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate, and for fire legal liability with a limit not less than one hundred thousand dollars ($100,000) and for medical payments with a limit not less than five thousand dollars ($5,000), insuring against claims for bodily injury, personal injury and property damage arising from the use, occupancy or maintenance of the Premises and the PropertyBuilding. The policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Any general aggregate shall apply on a per location basis. (b) If Tenant uses owned, hired and non-owned vehicles, . Tenant shall maintain business auto liability insurance with limits not less than one million dollars ($1,000,000) per accident covering such vehicles. owned, hired and non-owned vehicles used by Tenant. Tenant shall maintain umbrella excess liability insurance on a following form basis in excess of the required commercial general liability, business auto and employers liability insurance with limits not less than two million dollars (c$2,000,000) per occurrence and aggregate. Tenant shall carry workers’ ' compensation insurance for all of its employees in statutory limits as required by California law in the state in which the Property is located and employers liability insurance which affords not less than five hundred thousand dollars ($500,000) for each coverage. BE 543 154 EUL Final 120511 SAA2 – 402658 (d) Tenant shall maintain all risk property insurance for all personal property of Tenant and improvements, fixtures and equipment constructed or installed by Tenant in the perils covered Premises in an amount not less than the full replacement cost, which shall include business income and extra expense coverage with limits not less than fifty percent (50%) of gross revenues for a period of twelve (12) months. If required by a standard fire Landlord, Tenant shall maintain plate glass insurance policy, extended coverage perils and vandalism and malicious mischief and, if applicable, boiler machinery and pressure vessel insuranceagainst breakage of plate glass in the Premises. The amount of such insurance Any deductibles selected by Tenant shall be the Full Insurable Replacement Value (as defined below). All such policies shall specify that proceeds shall be payable on a Full Insurable Replacement Value basis if the improvements are actually repaired or rebuilt and on an “actual cash value” basis if the improvements are neither repaired nor replaced, and shall include a “guaranteed amount” or “stipulated amount” endorsement sole responsibility of coverage in lieu of a coinsurance provision under the policy. As used in this Lease, the phrase “Full Insurable Replacement Value” means one hundred percent (100%) of actual costs to perform repairs, maintenance, replacement or alterations of the Premises or any part thereof (without deduction for depreciation but with standard exclusions such as foundations, excavations, paving and landscaping, as applicable to specific perils), including Tenant’s movable furniture, equipment, trade fixtures or personal property in the Premises, and including the costs of demolition and debris removal and an increased cost of construction endorsement. The Full Insurable Replacement Value of Building 543 initially shall be one million four hundred fifty – three thousand dollars ($1,453,000). The Full Insurable Replacement Value of Building 154 initially shall be four million seven hundred forty – two thousand dollars ($4,742,000). Tenant shall, throughout the Term, maintain coverage at the current Full Insurable Replacement Value (with a commercially reasonable deductible) determined as provided herein.

Insurance Coverages and Amounts. (a) Tenant shall, at all times during the Term (except as provided below) and at Tenant’s sole cost and expense, obtain and keep in force the insurance coverages and amounts set forth in this section 8.2.Section 12.2(a): (ai) Tenant shall maintain commercial general liability insurance, including contractual liability, broad form property damage liability, fire legal liability, premises and completed operations, and medical payments, with limits not less than one million dollars Twenty Million Dollars ($1,000,00020,000,000.00) per occurrence and three million dollars ($3,000,000) annual aggregate, and for fire legal liability with a limit not less than one hundred thousand dollars ($100,000) and for medical payments with a limit not less than five thousand dollars ($5,000), insuring against claims for bodily injury, personal injury and property damage arising from the use, occupancy or maintenance of the Premises and the Property. The policy shall contain an exception to any pollution exclusion which insures damage or injury arising out of heat, smoke or fumes from a hostile fire. Any general aggregate shall apply on a per location occurrence basis. The foregoing notwithstanding, the limits on such commercial general liability insurance policy shall be required to be Ten Million Dollars ($10,000,000.00) per occurrence and aggregate during the Predevelopment Period and need only apply to entries onto the Premises by Tenant and its Related Entities. (bii) If Tenant uses owned, hired and or non-owned vehicles, Tenant shall maintain business auto liability insurance with limits not less than one million dollars One Million Dollars ($1,000,0001,000,000.00) per accident covering such vehicles. (ciii) Tenant shall carry workers’ maintain, and shall cause its Related Entities to maintain, worker’s compensation insurance for all of its employees in statutory limits as to the extent required by California law law. The foregoing insurance shall be maintained at the expense of Tenant or its Related Entities, and employers not at the expense of Landlord. In addition, to the extent Tenant employs one (1) or more employees, Tenant shall maintain employer’s liability insurance which affords coverage of not less than five hundred thousand dollars One Million Dollars ($500,0001,000,000.00) for each coverage. BE 543 154 EUL Final 120511 SAA2 – 402658per occurrence. (div) Tenant shall maintain property insurance (without deduction for depreciation) for the perils covered by a standard fire insurance policy, extended coverage perils and vandalism and malicious mischief mischief, including coverage for increased costs due to changes in building codes and, if applicable, boiler machinery and pressure vessel insurance. The amount of such insurance shall be the Full Insurable Replacement Value of buildings which constitute a part of the Improvements. The foregoing notwithstanding, such property insurance shall not be required to be carried or maintained with respect to any Phase as to which the Phase Commencement Date has not occurred. (as defined belowv) All other insurance that Tenant customarily maintains to adequately protect the Premises, consistent with Tenant’s insurance program for other similar properties. Landlord may from time to time request such reasonable evidence that the Premises are being so insured by Tenant. (b) In addition to the insurance required by Section 12.2(a). All such policies , but only to the extent not covered by other property insurance maintained by Tenant, Tenant (or Tenant’s Related Entities) shall specify that proceeds shall be payable on a Full Insurable Replacement Value basis if obtain and keep in force during the improvements are actually repaired or rebuilt and on an period of any construction comprehensive “actual cash value” basis if the improvements are neither repaired nor replaced, and shall include a “guaranteed amountall risk” or “stipulated amountspecial form” endorsement builder’s risk insurance, including vandalism and malicious mischief. Such builder’s risk insurance shall cover all portions of coverage in lieu of a coinsurance provision the Improvements and Infrastructure under the policy. As used in this Lease, the phrase “Full Insurable Replacement Value” means one hundred percent (100%) of actual costs to perform repairs, maintenance, replacement or alterations of construction on the Premises or portions of the Property, all materials and equipment of Tenant or any part thereof (without deduction for depreciation but with standard exclusions such as foundations, excavations, paving and landscaping, as applicable to specific perils), including Tenant’s movable furnitureRelated Entity stored at the Premises or Property by Tenant or Tenant’s Related Entities and furnished under a Construction Contract, equipment, trade fixtures or personal property and all materials and equipment that are in the process of fabrication at the Premises, or when title to or an insurable interest in such materials or equipment has passed to Tenant or Tenant’s Related Entities (excluding any tools and including equipment, and property owned by the costs employees of demolition and debris removal and Tenant’s Related Entities). Such builder’s risk insurance shall be written on a completed value basis in an increased amount not less than the full estimated replacement cost of construction endorsementsuch Improvements and Infrastructure. (c) If this Lease is assigned to the Lead Agency pursuant to Section 13.1(d), Lead Agency shall thereafter have the right to establish a self-insurance program with respect to any of the insurance requirements under this Lease. The Full Insurable Replacement Value In such event, Lead Agency shall provide Landlord with a detailed description of Building 543 initially such self-insurance program (and such financial statements of Lead Agency as Landlord may reasonably require) and such program shall be one million four hundred fifty – three thousand dollars ($1,453,000)applicable to the Premises and the insurance coverages required hereunder, so long as such self- insurance program is approved by Landlord, which approval shall not be unreasonably withheld if such self-insurance program is consistent with self-insurance programs acceptable to prudent institutional ground lessors of property in Santa Xxxxx County comparable to the Premises. The Full Insurable Replacement Value In the event that Lead Agency elects to self-insure with respect to any of Building 154 initially the insurance requirements required under this Lease and Landlord approves such program, Lead Agency shall submit to Landlord a certificate of self-insurance signed by a duly authorized representative of Lead Agency, and such certificate shall evidence that Lead Agency’s self-insurance program is in full force and effect and in compliance with the terms of this Lease. All deductibles under any insurance policy described in this Section 12.2 and all self-insured retentions shall be four million seven hundred forty – two thousand dollars ($4,742,000)consistent with Lead Agency’s University-wide insurance program and shall be paid by Lead Agency. Tenant shall, throughout Landlord shall have no obligation to approve a self-insurance program for any entity other than the Term, maintain coverage at the current Full Insurable Replacement Value (with a commercially reasonable deductible) determined as provided hereinLead Agency.