Common use of Insurance Generally Clause in Contracts

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure), then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-days’ prior written notice to Landlord and any Lender, and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure)Lease, then Landlord may, at its electionelection and after providing Tenant with 5 days notice and an opportunity to cure, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business five days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located State of California, with a Best’s Rating of at least “A-A” and a Best’s Financial Size Category rating of at least “XVIII,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-days’ prior written notice to Landlord and any Lender, and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure), then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located with a Best’s 's Rating of at least “"A-” " and a Best’s 's Financial Size Category rating of at least “"X,” " as set forth in the most current edition of “"Best’s 's Insurance Reports” " (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s 's agent(s), and any Lender as additional insuredsinsureds (using ISO Form CG2026 (7/04 Ed.)—Designated Person or Organization or equivalent), (iii) shall consist of “"occurrence” " based coverage, without provision for subsequent conversion to “"claims” " based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-30 days’ ' prior written notice to Landlord and any LenderLender (Note: the words "endeavor to" and "failure to mail such notice shall impose no obligation for liability . . ." or any words of similar meaning contained in any insurance certificate regarding the obligation set forth in this clause (iv), are unacceptable and these two phrases must be crossed out if they appear in the printed certificate form), and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.0050,000.00. Tenant shall, at least 30 10 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “"binder” " extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s 's Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums. Nothing contained in this Lease (nor any subsequent act or inaction by Landlord) shall be construed as a representation that the scope of coverage or limits of liability specified to be carried by the Tenant are adequate to protect the Tenant or its interests.

Insurance Generally. If Tenant fails during the Lease Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure)Lease, then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, Landlord for any premiums for any such insurance within ten business five days after Tenant receives a copy of the premium notice. If any such premiums arc allocable to a period, a portion of which occurs during the Lease Term and the remainder of which occurs before or after the Lease Term, then such premiums shall be apportioned between Landlord and Tenant based upon the number of days during such period that occur during the Lease Term and the number of days that occur before or after the Lease Term, such that Tenant pays for the premiums that are allocable to the period during the Lease Term. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, policy by insurance companies authorized to do business in the state in which the Project is Premises are located with a Best’s 's Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” ”, as set forth in the most current edition of “"Best’s 's Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any LenderLandlord's lender, (ii) shall name Landlord and Landlord’s lender as additional named insureds (the additional insured endorsement must be on ISO Form CG 20 11 11 85 or an equivalent acceptable to Landlord, Landlord’s agent(swith such modifications as Landlord may require), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-30 days’ prior written notice to Landlord, (v) the coverage afforded to Landlord and any Lenderlender of Landlord must be at least broad as that afforded to Tenant and may not contain any terms, conditions, exclusions, or limitations applicable to Landlord or any lender of Landlord that do not apply to Tenant, and (vvi) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, promptly upon request, request deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.. SUBJECT MATTER PAGE Article 1 PROJECT, BUILDING AND PREMISES 1 Article 2 LEASE TERM 1 Article 3 BASE RENT 3 Article 4 ADDITIONAL RENT 3 Article 5 SECURITY DEPOSIT 7 Article 6 USE 7 Article 7 COMPLIANCE WITH LAWS 8 Article 8 HAZARDOUS MATERIAL 8 Article 9 UTILITIES AND SERVICES 10 Article 10 REPAIRS AND MAINTENANCE 11 Article 11 ALTERATIONS AND ADDITIONS 12 Article 12 COVENANT AGAINST LIENS 13 Article 13 EXCULPATION, INDEMNIFICATION, AND INSURANCE 14 Article 14 DAMAGE AND DESTRUCTION 17 Article 15 CONDEMNATION 18 Article 16 ASSIGNMENT AND SUBLEASING 20 Article 17 SURRENDER OF PREMISES 22 Article 18 HOLDING OVER 23 Article 19 ESTOPPEL CERTIFICATES 23 Article 20 SUBORDINATION, NONDISTURBANCE, AND ATTORNMENT 24 Article 21 DEFAULTS AND REMEDIES 25 Article 22 LATE PAYMENTS 26 Article 23 NON-WAIVER 27 Article 24 WAIVER OF RIGHT TO JURY TRIAL 27 Article 25 ATTORNEY FEES AND COSTS 27 Article 26 LANDLORD’S ACCESS TO PREMISES 28 Article 27 SIGNS 28 Article 28 TENANT PARKING 29 Article 29 SECURITY 29 Article 30 MISCELLANEOUS 30 EXHIBIT A SITE PLAN OF PROJECT EXHIBIT B DIAGRAM OF PREMISES EXHIBIT C TENANT IMPROVEMENT AGREEMENT EXHIBIT D NOTICE OF BASIC LEASE INFORMATION EXHIBIT E RULES AND REGULATIONS EXHIBIT F ESTOPPEL CERTIFICATE The basic terms of this Lease are as follows. All terms in quotations are defined terms used elsewhere in this Lease: 1. Date of Lease: 4/23/98

Insurance Generally. If Tenant fails during the Lease Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure)Lease, then Landlord may, at its election, arrange for any such insurance, and Tenant tenant shall reimburse Landlord, as Additional Rent, Landlord for any premiums for any such insurance within ten five business days after Tenant receives a copy of the premium notice. If any such premiums are allocable to a period, a portion of which occurs during the Lease Term and the remainder of which occurs before or after the Lease Term, then such premiums shall be apportioned between Landlord and Tenant based upon the number of days during such period that occur during the Lease Term and the number of days that occur before or after the Lease Term, such that tenant pays for the premiums that are allocable to the period during the Lease Term. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, policy with respect to the Premises only by insurance companies authorized to do business in the state in which the Project is Premises are located with a Best’s 's Rating of at least “"A-” " and a Best’s 's Financial Size Category rating of at least “X"VIII,” " as set forth in the most current edition of “"Best’s 's Insurance Reports” " (unless otherwise approved by Landlord), or such higher rating as may be required by any LenderLandlord's lender, (ii) shall name Landlord and Landlord's lender as additional named insureds (the additional insured endorsement must be on ISO form CG 20 11 11 85 or an equivalent acceptable to Landlord, Landlord’s agent(swith such modifications as Landlord may require), and any Lender as additional insureds, (iii) shall consist of “"occurrence” " based coverage, without provision for subsequent conversion to “"claims” " based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-30 days’ ' prior written notice to Landlord and Landlord's lender, (v) the coverage afforded to Landlord and any Lenderlender of Landlord must be at least as broad as that afforded to Tenant and may not contain any terms, conditions, exclusions, or limitations applicable to Landlord or any lender of Landlord that do not apply to Tenant, and (vvi) shall not provide for a deductible or co-insurance provision in excess of $5,000.0010,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “"binder” " extending such policy. Tenant shall promptly, promptly upon request, request deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure)Lease, then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business five days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance Insurance companies authorized to do business in the state in which the Project is located State of California, with a Best’s Rating of at least “A-A” and a Best’s Financial Size Category rating of at least “XVIII,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-days’ prior written notice to Landlord and any Lender, and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Lease Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure)Lease, then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, Landlord for any premiums for any such insurance within ten business five days after Tenant receives a copy of the premium notice. If any such premiums are allocable to a period, a portion of which occurs during the Lease Term and the remainder of which occurs before or after the Lease Term, then such premiums shall be apportioned between Landlord and Tenant based upon the number of days during such period that occur during the Lease Term and the number of days that occur before or after the Lease Term, such that Tenant pays for the premiums that are allocable to the period during the Lease Term. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, policy by insurance companies authorized to do business in the state in which the Project is Premises are located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any LenderLandlord’s lender, (ii) shall name Landlord and Landlord’s lender as additional named insureds (the additional insured endorsement must be on ISO Form CG 20 11 11 85 or an equivalent acceptable to Landlord, Landlord’s agent(swith such modifications as Landlord may require), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after 30-30 days’ prior written notice to Landlord and Landlord’s lender, (v) the coverage afforded to Landlord and any Lenderlender of Landlord must be at least as broad as that afforded to Tenant and may not contain any terms, conditions, exclusions, or limitations applicable to Landlord or any lender of Landlord that do not apply to Tenant, and (vvi) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, promptly upon request, request deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure), then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten (10) business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after thirty (30-) days’ prior written notice to Landlord and any LenderLender (Note: the words “endeavor to” and “failure to mail such notice shall impose no obligation or liability…” or any words of similar meanings contained in any insurance certificate regarding the obligation set forth in this clause (iv), are unacceptable and these two phrases must be struck if they appear in the printed certificate form), and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 thirty (30) days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums. Nothing contained in this Lease (nor any subsequent act or inaction by Landlord) shall be construed as a representation that the scope of coverage or limits of liability specified to be carried by the Tenant are adequate to protect the Tenant or its interests.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours five business days of such a failure), then Landlord may, at its electionelection and after five business days prior written or telephonic notice to Tenant, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policypolicy (as to claims arising in the Premises), by insurance companies authorized to do business in the state in which the Project is located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insuredsinsureds to the extent required in Xxxxxxxxx 00 xxxxx, (iiixxx) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage below the limits required in this Lease or other modification modifications which are not in compliance with this Lease except after 30-15 days’ prior written notice to Landlord and any Lender, and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.0025,000.00 during the Initial Lease Term (or a comparable amount during any applicable Extension Term). Tenant shall, at least 30 15 days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure), then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insuredsinsureds as their interests appear, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iv) shall not be cancelable or subject to reduction of coverage or other modification except after thirty (30-) days’ prior written notice to Landlord and any LenderLender (Note: the words “endeavor to” and “failure to mail such notice shall impose no obligation for liability...” or any words of similar meaning contained in any insurance certificate regarding the obligation set forth in this clause (iv), are unacceptable and these two phrases must be crossed out if they appear in the printed certificate form), and (v) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 thirty (30) days prior to the expiration of each such policy, furnish Landlord with a renewal of or “binder” extending such policy. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.

Insurance Generally. If Tenant fails during the Term to maintain any insurance required to be maintained by Tenant under this Lease (or is within 48 hours of such a failure), then Landlord may, at its election, arrange for any such insurance, and Tenant shall reimburse Landlord, as Additional Rent, for any premiums for any such insurance within ten business days after Tenant receives a copy of the premium notice. Insurance required to be maintained by Tenant under this Lease shall be in form and content reasonably satisfactory to Landlord and its Lender and (i) shall be issued as a primary policy, by insurance companies authorized to do business in the state in which the Project is located with a Best’s Rating of at least “A-” and a Best’s Financial Size Category rating of at least “X,” as set forth in the most current edition of “Best’s Insurance Reports” (unless otherwise approved by Landlord), or such higher rating as may be required by any Lender, (ii) shall name Landlord, Landlord’s agent(s), and any Lender as additional insureds, (iii) shall consist of “occurrence” based coverage, without provision for subsequent conversion to “claims” based coverage, (iviii) shall not be cancelable or subject to reduction of coverage or other modification except after 30-30 days’ prior written notice to Landlord and any Lender, and (viv) shall not provide for a deductible or co-insurance provision in excess of $5,000.00. Tenant shall, at least 30 days prior to the expiration of each such policy, furnish Landlord with a renewal certificate of insurance evidencing the existence of a renewed or “binder” extending such extended policy. Notwithstanding the foregoing, clause (iv) above shall not apply to the Tenant originally named in this Lease. Tenant shall promptly, upon request, deliver to Landlord copies of such policy or policies or (if acceptable to Landlord’s Lender) certificates evidencing the existence and amounts of such insurance together with evidence of payment of premiums.