Common use of Tenant’s Liability Insurance Clause in Contracts

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shallshall carry at its own expense throughout the term of this Lease, at Tenants sole cost and expense, provide comprehensive commercial general liability insuranceinsurance covering the Premises and appurtenant areas, fully covering and indemnifying Tenant's use thereof, and protecting Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and Landlord’s officersproperty damage based upon, directorsinvolving or arising out of the ownership, shareholdersuse, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any occupancy or maintenance of the Premises and all claims arising areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an "Additional Insured - Managers or Lessors of Premises" Endorsement and shall contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke or fumes from personal injurya hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, death, and/or property damage occurring in or about but shall include coverage for liability assumed under this Lease as an "insured contract" for the Premises or the Property during the period performance of Tenant’s possession (actual and/or constructive) at 's indemnity obligations under this Lease. Such insurance shall also cover Tenant's contractual liability under this Lease in an amount periodically adjusted as hereinafter provided to conform to then current standard business practices for comparable business operations, but in no case less than the Premisesamounts shown in the applicable Basic Lease Provisions. The initial limits liability limit of such insurance shall be at least $2,000,000 combined single liability limitnot, however, limit Tenant's liabilities assumed under this Lease. Tenant shall also, at its sole cost keep in full force and expense, obtain workers’ effect a policy or policies of worker's compensation insurance as required by law, and with employer's liability coverage for bodily injury by accident of not less than $3,000,000 for each accident, and for bodily injury by disease of not less than $3,000,000 for each employee and for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertypolicy limit. All insurance If required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless then the amounts of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-general liability and contractual employer's liability endorsements, (b) provide that no cancellation or reduction in coverage insurance shall be effective until thirty increased from time to time (30but in no event more frequently than once every three (3) days after written malice years) to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and Landlord’s lenderthe size of damage awards generally, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance to approximate the same level of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to protection as was provided on the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall(with respect to both the Leased Premises and the Project) shall secure and maintain, at Tenants sole cost and its own expense, provide comprehensive at all times during the Term (including any early access period), a policy or policies of commercial general liability insuranceinsurance with the premiums thereon fully paid in advance, fully covering protecting Tenant and indemnifying Landlord naming Landlord, the holders of any deeds of trust, mortgages or ground leases on the Project, and Landlord’s representatives (which term, whenever used in this Article 7, shall be deemed to include Landlord’s partners, trustees, ancillary trustees, officers, directors, shareholders, partners, principals, employeesbeneficiaries, agents, representatives; employees and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), independent contractors) as additional insuredsinsureds against claims for bodily injury, against any and all claims arising from personal injury, death, and/or advertising injury and property damage occurring in (including attorneys’ fees) based upon, involving or about the Premises or the Property during the period arising out of Tenant’s possession operations, assumed liabilities or Tenant’s use, occupancy or maintenance of the Leased Premises and the Common Areas of the Project. Such insurance shall provide for a minimum amount of Two Million Dollars (actual and/or constructive$2,000,000.00) for property damage or injury to or death of one or more than one person in any one accident or occurrence, with an annual aggregate limit of at the Premisesleast Five Million Dollars ($5,000,000.00). The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance coverage required to be carried by Tenant shall include fire legal liability, blanket contractual liability, personal injury liability (libel, slander, false arrest and wrongful eviction), broad form property damage liability, products liability and completed operations coverage (as well as owned, non-owned and hired automobile liability if an exposure exists) and 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. Such insurance shall be primary written on an occurrence basis and noncontributory to any insurance carried by Landlord, regardless contain a separation of the absence of negligence insureds provision or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance endorsement acceptable to Landlord. Tenant shall deliver provide Landlord with a renewal certificate evidencing such insurance coverage. The certificate shall indicate that the insurance provided specifically recognizes the liability assumed by Tenant under this Lease and that Tenant’s insurance is primary to and not contributory with any other insurance maintained by Landlord, whose insurance shall be considered excess insurance only. Not more frequently than every two (2) years, if, m the commercially reasonable opinion of any mortgagee of Landlord or binder of such policy the insurance broker retained by Landlord, the amount of liability insurance coverage at least thirty (30) days prior to expiration thereofthat time is not adequate, Tenant shall increase its liability insurance coverage as required by either any mortgagee of Landlord or Landlord’s insurance broker. Whenever, in Landlord’s reasonable judgment, good business practice or change in conditions indicate a need for additional or different types of insurance, Tenant shall, at Tenantwithin fifteen (15) days of receipt of Landlord’s expenserequest therefor, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseat its own expense.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive agrees to maintain in full force during the Term a policy or policies of commercial general liability insuranceinsurance under which Landlord, fully and such other persons as are in privity of estate with Landlord as may be set out in notice from Landlord to Tenant from time to time ("Landlord's Designees"), are named as additional insureds and Tenant is named primary insured, with contractual liability endorsements covering the agreements of Tenant to indemnify the Indemnified Parties from and indemnifying against all cost, expense and/or liability as contractually undertaken by Tenant under the terms of this Lease (whether in this Article XII or otherwise). Each such policy shall provide that it is primary over any insurance carried by Landlord and/or Landlord's Designees and that it cannot be canceled, amended or modified with respect to the Landlord or Landlord's Designees without fifteen (15) days' prior written notice to Landlord and Landlord’s officers's Designees, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in a duplicate original or about certificate thereof evidencing such coverage shall be delivered to Landlord no less than the Premises or date Tenant commences occupancy of the Property during the period of Tenant’s possession (actual and/or constructive) at the Demised Premises. The initial minimum limits of liability of such insurance shall be at least $2,000,000 not less than [***] combined single liability limitlimit for bodily injury (including death) and/or property damage in any one occurrence, or such higher limits as Landlord may from time to time request, provided such higher limits are then customarily required of tenants IN first-class shopping centers. In the event Tenant shall also, at its sole cost fails to obtain and expense, obtain workers’ compensation insurance for maintain the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required of Tenant hereunder, upon three (3) days notice and the failure of Tenant to cure within said three (3) day period, Landlord shall have the right, but not the obligation, after written notice to Tenant, to purchase said insurance coverage on Tenant's behalf and the cost thereof shall be carried denied Additional Rent and paid to Landlord by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: within ten (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (3010) days after written malice to Landlord and Landlord’s lender, (c) be issued demand therefor by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal submit any proposed substitution of insurance policies or binder modification of such policy at least insurance policies to Landlord for Landlord's written approval not less than thirty (30) days prior to expiration thereof. the date on which Tenant shall, at Tenant’s expense, maintain such other liability desires to substitute or modify insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain policies provided for under the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shallshall carry at its own expense throughout the term of this Lease, at Tenants sole cost and expense, provide comprehensive commercial general liability insuranceinsurance covering the Premises and appurtenant areas, fully covering and indemnifying Tenant's use thereof, and protecting Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and Landlord’s officersproperty damage based upon, directorsinvolving or arising out of the ownership, shareholdersuse, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any occupancy or maintenance of the Premises and all claims arising areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an "Additional Insured--Managers or Lessors of Premises" Endorsement and shall contain the "Amendment of Pollution Exclusion" for damage caused by heat, smoke or fumes from personal injurya hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, death, and/or property damage occurring in or about but shall include coverage for liability assumed under this Lease as an "insured contract" for the Premises or the Property during the period performance of Tenant’s possession (actual and/or constructive) at 's indemnity obligations under this Lease. Such insurance shall also cover Tenant's contractual liability under this Lease in an amount periodically adjusted as hereinafter provided to conform to then current standard business practices for comparable business operations, but in no case less than the Premisesamounts shown in the applicable Basic Lease Provisions. The initial limits liability limit of such insurance shall be at least $2,000,000 combined single liability limitnot, however, limit Tenant's liabilities assumed under this Lease. Tenant shall also, at its sole cost keep in full force and expense, obtain workers’ effect a policy or policies of worker's compensation insurance as required by law, and with employees liability coverage for bodily injury by accident of not less than $2,000,000 for each accident, and for bodily injury by disease of not less than $2,000,000 for each employee and for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertypolicy limit. All insurance If required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless then the amounts of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-general liability and contractual employers liability endorsements, (b) provide that no cancellation or reduction in coverage insurance shall be effective until thirty increased from time to time (30but in no event more frequently than once every three (3) days after written malice years) to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and Landlord’s lenderthe size of damage awards generally, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance to approximate the same level of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to protection as was provided on the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost shall obtain and expense, provide maintain during the term of this Lease comprehensive general liability insurance, fully covering insurance with combined single limit for personal injury and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such a form and with carriers acceptable to Landlord in an amount not less than $1,000,000, and employer's liability and workers' compensation insurance shall be at least $2,000,000 combined single liability limitas required by Law. Tenant shall also, at its sole cost maintain excess or umbrella liability insurance with limits not less than $4,000,000 having the general liability coverage desired above as underlying. Tenant's comprehensive general liability and expense, obtain workers’ compensation excess/umbrella insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant policy shall be primary and noncontributory endorsed to any insurance carried by provide that (i) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, regardless (ii) Landlord is named as additional insured, (iii) the insurer acknowledges acceptance of the absence mutual waiver of negligence or claims by Landlord and Tenant pursuant to subparagraph (F) below, and (iv) such insurance is primary with respect to Landlord and that any other fault insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the reasonable opinion of Tenant for alleged injuryLandlord's insurance adviser, death and/or property damage. Each policy based on a substantial increase in recovered liability claims generally, the specified amounts of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsementscoverage are no longer adequate, (b) provide that no cancellation or reduction in such coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lenderappropriately increased but, (c) be issued in no event shall such required coverage exceed the level of coverage customarily carried by an insurer licensed similar businesses in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunderAlameda County. Prior to the Commencement DateTerm Commencement, Tenant shall deliver to Landlord a duplicate of such policy or a certificate evidencing all thereof to Landlord for retention by it, with endorsements, and at lease 30 days prior to the expiration of such insurance to Landlord. policy or any renewal thereof, Tenant shall deliver to Landlord a replacement or renewal binder, followed by a duplicate policy or binder of such policy at least thirty (30) days prior to expiration thereofcertificate within a reasonable time thereafter. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the such insurance required under this Sectionor to furnish Landlord any such duplicate policy or certificate as herein required, or if Landlord may, at its election, without notice to Tenant obtains insurance with termsand without any obligation to do so, conditions and/or exclusions that are inconsistent with the requirements procure and terms of this Leasemaintain such coverage and Tenant shall reimburse Landlord on demand as Additional Rent for any premium so paid by Landlord.

Tenant’s Liability Insurance. At all times during the period from and after the Commencement Date through and including the expiration or earlier termination of this Lease, Tenant shall, at Tenants sole cost shall obtain and expense, provide comprehensive keep in force a policy or policies of commercial general liability insurance, fully on an occurrence basis, issued on a CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. form at least as broad as Insurance Services Office (“ISO”) Commercial General Liability Coverage “occurrence” form CG 00 01 1001 or another ISO Commercial General Liability “occurrence” form providing equivalent coverage, covering Tenant, and indemnifying naming Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals any Landlord Parties (together with, at Landlord’s election, Landlord’s lenderas defined in Section 7.07(a), below) and any lenders or ground lessors whose names are provided to Tenant as additional insureds, against any claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance of the Premises and all claims arising from personal injuryareas appurtenant thereto. Such insurance shall be on an occurrence basis providing coverage in amount of not less than Five Million Dollars ($5,000,000) per occurrence; provided, deathhowever, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single not limit the liability limitof Tenant nor relieve Tenant of any obligation under this Lease. Tenant Such insurance shall alsoinclude (i) Broad Form Property Damage coverage, at its sole cost (ii) coverage for Additional Landlords or Premises, and expense(iii) coverage for “amendment of the pollution exclusion” to provide coverage for damage caused by heat, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertysmoke, fumes from a fire. All general liability insurance required to be carried by Tenant shall be primary to, and noncontributory to not contributory with, any similar insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of Landlord (whose insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such considered excess insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseonly).

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s Xxxxxxxx's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, shall during the Term of the Lease provide comprehensive broad form commercial general liability insurance, fully and automobile liability insurance, each with a minimum combined single limit of liability of at least Five Million Dollars ($5,000,000), and statutory worker's compensation insurance with a Five Million Dollar ($5,000,000) employer's liability limit covering all of Tenant's employees. Notwithstanding the foregoing in the event of any permitted assignment or sublease of all or a portion of the Premises, such assignee or sublessee shall only be required to provide insurance of the type required by this Section 15.2 in the amount of Two Million Dollars ($2,000,000). Tenant's liability insurance policy or policies shall: (i) include premises and indemnifying operations liability coverage, products and completed operations liability coverage, broad form property damage coverage including completed operations, blanket contractual liability coverage including, to the maximum extent possible, coverage for the indemnification obligations of Tenant under this Lease, fire legal liability insurance, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; and (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Real Property; (v) extend coverage to cover liability for the actions of Tenant's agents, contractors, employees and invitees. Each policy of liability insurance required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord and covering the same loss; (iv) provide that any failure to comply with the reporting provisions shall not affect coverage provided to Landlord’s officers, directors, shareholders, its partners, principals, employees, agents, representativesproperty managers and Mortgagees; and (v) name Landlord, its partners, the property manager of the Real Property (the "Property Manager"), and such other related entities and individuals (together with, at Landlord’s election, Landlord’s lender)parties in interest as Landlord may from time to time reasonably designate to Tenant in writing, as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about . Such additional insureds shall be provided at least the Premises or the Property during the period same extent of Tenant’s possession (actual and/or constructive) at the Premisescoverage as is provided to Tenant under such policies. The initial limits of All endorsements effecting such insurance additional insured status shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseServices Office.

Tenant’s Liability Insurance. At all times during the term, Tenant shall, at Tenants sole cost its own expense and expensewith the premium(s) thereon fully paid in advance, provide maintain in full force a policy or policies of comprehensive general public liability insuranceinsurance covering Tenant's occupancy of the Leased Premises, fully covering with limits of not less than One Million Dollars ($1,000,000) combined single limit bodily/personal injury and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premisesliability. The initial limits of such Such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability be procured from an insurer authorized to do business in California and contractual liability endorsements, either approved in writing by Landlord (which approval shall not be unreasonably withheld or delayed) or rated A:XII or better in Bests's Insurance Reports; (b) provide that no cancellation or reduction in coverage shall be effective until thirty primary and not excess coverage; (30c) days after written malice to name Landlord and Landlord’s lender, 's property manager (cprovided Landlord identifies same in writing) be issued by an insurer licensed in California and reasonably approved by Landlord, as additional insureds; and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy require that Landlord be given at least thirty (30) days prior written notice before such insurance can be cancelled or changed with respect to expiration thereofparties, coverage, or limits of liability. Tenant's insurance shall be issued by an insurance company or companies holding a general policy holder's rating of "A" and a financial size rating of Class "XII" or larger, as set forth in the most current issue of "Best's Insurance Guide" also known as "Best's Key Rating Guide." Tenant shall, at Tenant’s expenseprior to entering into possession under this Lease, maintain deliver to Landlord a certificate of such other liability policy or policies together with a copy of the endorsement page naming Landlord and Landlord's property manager as additional insureds. Not less than ten (10) working days before the expiration of any such insurance as Tenant deems necessary to protect Tenant. coverage, Tenant shall be in material breach of this Lease if Tenant fails deliver to obtain Landlord satisfactory evidence that such insurance has been renewed and that the insurance required under this Section, premium or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasepremiums have been paid.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant’s sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insuredsInsureds, against any and all claims (subject to customary policy exclusions) arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord’s election and at Landlord’s reasonable discretion, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (dc) shall insure Tenant’s performance of the Indemnity indemnity provisions of Article 1313 subject to policy limitations, but the amount of such Insurance insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Tenant shall be required to provide Landlord thirty (30) days prior written notice of any cancellation or reduction in coverage. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its it's sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure issue Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide obtain and keep in force during the term of this Lease a policy of comprehensive general public liability insurance, fully covering with liability limits of not less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence and indemnifying with an extended liability endorsement providing contractual liability (which shall include coverage for Tenant's indemnity set forth in Section 12.3 below) and broad form property damage coverage, insuring Landlord and Landlord’s officersTenant against any liability arising out of the ownership, directorsuse, shareholdersoccupancy or maintenance of the Premises, partnersthe Building, principalsthe Common Area and all areas appurtenant thereto. The limit of said insurance shall not, employeeshowever, agentslimit the liability of the Tenant hereunder. Landlord may periodically during the Lease Term, representatives; but not more frequently than once each twelve (12) months, increase the minimum liability limits specified in this Section 12.1 to an amount equal to the then prevailing minimum liability limits required by landlords of other similar properties in Santa Clarx Xxxnty of similar size and other related entities use. In the event Landlord and individuals (together withTenant agree to increase the rentable area of the Premises, at Landlord’s election, Landlord’s lender)Landlord may increase the minimum liability limits set forth in this Section 12.1 in order to assure that Tenant's activities in the Premises, as additional insuredsincreased, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitare adequately insured. Tenant shall alsomay carry said insurance under a blanket policy, at its sole cost and expenseproviding, obtain workers’ compensation however, said insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to insurance (not requiring contribution from any insurance carried by Landlord) and shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, regardless Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. The insurance required hereunder shall name Landlord as an additional insured and shall be in companies rated A+, AAA, or better in "Best's Insurance Guide." Tenant shall deliver to Landlord prior to occupancy of the absence Premises copies of negligence or other fault policies of Tenant for alleged injury, death and/or property damage. Each policy of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses, satisfactory to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage Landlord. No policy shall be effective until cancelable or subject to reduction of coverage except after thirty (30) days after days, prior written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance notice to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, procure at its sole cost and expense, obtain workers’ compensation expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance for or Commercial General Liability insurance applying to the protection use and occupancy of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyBuilding, or any part of either, or any areas adjacent thereto, and the business operated by Tenant, or any other occupant, on the Premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant’s indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Two Million Dollars ($2,000,000) and a general aggregate limit of Five Million Dollars ($5,000,000). All insurance required such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, shall be carried by Tenant endorsed to add Landlord as an additional insured, to provide that such coverage shall be primary and noncontributory to that any insurance carried maintained by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damageLandlord shall be excess insurance only. Each policy of insurance required to be carried by Tenant hereunder shallSuch coverage shall also contain endorsements: (a) contain cross-liability deleting any employee exclusion on personal injury coverage; and contractual liability endorsements, (b) providing for coverage of employer’s vehicle non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds. Tenant shall also maintain Worker’s Compensation insurance in accordance with California law, and employers liability insurance with a limit no cancellation or reduction in less than $1,000,000 per employee and $1,000,000 per occurrence. Such coverage shall be effective until endorsed to waive the insurer’s rights of subrogation against Landlord. All coverages described in this Section shall be endorsed to provide Landlord with thirty (30) days after written malice days’ notice of cancellation or change in terms. If at any time during the Term the amount or coverage of insurance which Landlord or Tenant is required to carry under this Section is, in Landlord’s or Tenant’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by comparable landlords or tenants (as applicable) of comparable buildings located in Alameda County, California, which are similar to and operated for similar purposes as the Premises, Landlord and Landlord’s lenderTenant shall each have the right upon the advice of their respective broker or consultant, to require the other party, not more than once every two (c2) be issued by an insurer licensed in California and reasonably approved by Landlordyears, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but to increase the amount or change the types of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance coverage required under this SectionLease; provided, however, that neither party shall be required to procure or if Tenant obtains insurance with terms, conditions and/or exclusions maintain other or further coverages that are inconsistent with (y) beyond those typically maintained by similarly situated parties leasing reasonably similar amounts and types of space for use in comparable buildings in the requirements and terms of this Leasesame market; or (z) not available at commercially reasonable rates.

Tenant’s Liability Insurance. Tenant shallagrees to maintain in full force and effect from the date upon which Tenant first enters the Premises or any portion thereof for the conduct of its business or any other purpose (and in any event not later than the Commencement Date), at Tenants sole cost throughout the Term and expensethereafter, provide comprehensive so long as Tenant is in occupancy of any part of the Premises, (A) a policy of commercial general liability insurance, fully which shall include contractual liability coverage covering Tenant's operations within the Building to the extent and indemnifying Landlord in the manner provided under the standard ISO form of commercial general liability policy, or its then equivalent, in use from time to time, under which Tenant is the named insured and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender's managing agent and Net Lessor (and such other persons as Landlord may reasonably request by a Notice to Tenant from time to time) are named as additional insureds (but not loss payees), on ISO Form CG 0001 (12/07) or its then equivalent, (B) Statutory Workers Compensation Coverage with Employers Liability as additional insuredsrequired by Requirements of Law ("Workers Comp Coverage"), against any and all claims arising from personal injury(C) non-owned and hired cars coverage. Each such policy shall be issued by one or more insurers in a financial size category of not less than VIII and with general policy holders ratings of not less than A-, deathas rated in the most current available insurance reports published by A.M. Best & Company, and/or property damage occurring in or about the Premises Inc., or the Property during then-equivalent thereof, and licensed to do business in the period State of Tenant’s possession New York and authorized to issue such policies (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage"Minimum Insurer Standards"). Each policy of insurance required to be carried procured by Tenant hereunder shall: shall (ai) contain cross-liability and contractual liability endorsements, endorsements providing that (bw) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance policy shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal be cancelled or binder of such policy amended without at least thirty (30) days days' prior notification to expiration thereof. Tenant shall(however a fifteen (15) day notice of cancellation may be given for non-payment of a premium) and Tenant shall promptly send a copy of such notice to Landlord and Landlord's designees, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. (x) Tenant shall be solely responsible for the payment of premiums therefor notwithstanding that Landlord or any such designee is or may be named as an additional insured, (y) intentionally omitted; and (z) any policy of commercial general liability insurance maintained by Tenant pursuant to this Section 16.02 shall contain a standard separation of insureds provision; and (ii) not prohibit the release of claims given under Section 16.07 below, nor shall any of them be limited, terminated or materially affected thereby. As of the Execution Date, the limits of liability of such insurance shall be $10,000,000 per occurrence and $10,000,000 in material breach of this Lease if Tenant fails to obtain the annual aggregate on a per location basis for commercial general liability insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseexcess liability insurance.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees, agents, representatives; , and other related entities and individuals individuals, and their respective successors and assigns (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 4,000,000 combined single liability limit. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide comprehensive obtain and keep in force during the term of this Lease, a policy of commercial general liability insurance, fully covering and indemnifying insurance with an insurance company reasonably acceptable to Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; in the minimum amount of$ 1,000,000 combined annual aggregate limits for bodily injury and other related entities and individuals property damage (together with, at Landlord’s election, Landlord’s lenderwith no lower per occurrence limits), as additional insureds, insuring Tenant against any and all claims liability arising from personal injuryout of the use, death, occupancy and/or property damage occurring in or about the Premises or maintenance of the Property during the period of Tenant’s possession (actual and/or constructive) at the Leased Premises, and naming Landlord additional insured. The initial limits limit of such insurance shall not limit the liability of Ten ant under this Lease. Before the earlier of the date on which this Lease commences or the date Tenant takes occupancy of the Leased Premises, Tenant shall furnish Landlord with a certificate evidencing the insurance required or, if Landlord requests, a copy of the policy. The certificate or the policy, as the case may be, must state that no modification or cancellation of the coverage may be effective without at least $2,000,000 combined single liability limitfifteen (15) days prior written notice to Landlord. If Tenant fails to procure and maintain such insurance, Landlord may, but shall alsonot be required to, procure and maintain such insurance at Tenant's sole expense, which Tenant agrees to pay as additional rent. Additionally, Tenant shall, at its sole cost and Tenant's expense, obtain workers’ compensation insurance and keep in force during the term of this Lease, fire legal liability coverage for the protection of its employees such as will relieve Landlord of all liability to such employees for any buildings on the Property and all accidents that may arise on or about other aspects of the Premises Leased Premises. The certificate or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlordpolicy, regardless as the case may be, must state that no modification or cancellation of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall may be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy without at least thirty (30) days prior written notice to expiration thereofLandlord. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the procure and maintain such insurance, Landlord may, but shall not be required to, procure and maintain such insurance required under this Sectionat Tenant's sole expense, or if which Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseagrees to pay as additional rent.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other obtain and keep in force during the term of this Lease, a commercial general liability insurance as policy insuring Tenant deems necessary to protect Tenantagainst the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Tenant Such insurance shall be a combined single limit policy in material breach an amount not less than Ten Million and No/100 Dollars ($10,000,000.00) per occurrence with a Ten Million and No/100 Dollar ($10,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured; shall insure performance by Tenant of the indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. The limits of said insurance shall not limit any liability of Tenant fails to obtain the hereunder. Not more frequently than every second year, if owners of Comparable Buildings then customarily require levels of liability insurance coverage in excess of that required under by this SectionSection 15.1, or if Landlord’s lenders require additional coverage, Tenant obtains shall promptly increase said insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasecoverage as required by Landlord.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force during the term of this Lease either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the condition, use, occupancy, and maintenance of the premises and the business operated on the premises by Tenant, or any other party occupying the premises pursuant to a sublease, concession, license or similar agreement with Tenant. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Three Million Dollars ($3,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender or other party named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; and (ii) including employees as additional insureds. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability to such employees for any and all accidents that may arise on or about of Tenant hereunder. Not more frequently than once each calendar year if, in the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by reasonable opinion of Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall is not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Dateadequate, Tenant shall deliver a certificate evidencing all increase said insurance coverage as reasonably required by Landlord; provided that, in no event shall any such increase in coverage require Tenant to maintain insurance coverage which exceeds that which is customary and commercially reasonable for buildings of similar type, use and location. The failure of Landlord to Landlord. require any additional insurance coverage at any time shall not relieve Tenant shall deliver a renewal from the obligation to provide increased coverage at any later time or binder of such policy at least thirty (30) days prior to expiration thereof. relieve Tenant shall, at Tenant’s expense, maintain such from any other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required obligations under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Commencing on the date of ---------------------------- Substantial Completion of Landlord's Work, or if Tenant enters onto the Premises to construct Tenant Improvements prior to such date then on the date Tenant so enters onto the Premises to construct Tenant Improvements, and continuing thereafter through the entire Term, Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force either comprehensive general liability insurance or commercial general liability insurance applying to the condition, use, occupancy, and maintenance of the Premises and the business operated by Tenant, or any other occupant, on the Premises and applying to the use of the Outside Areas and the portion of the Parking Garage used by Tenant. Such insurance shall include broad form contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Five Million Dollars ($5,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender or other party named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) including employees as additional insureds; and (ii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability of Tenant hereunder. Not more frequently than once each calendar year, if any lender of Landlord who has provided financing to such employees for any and all accidents that may arise on or about Landlord respecting the Premises or requires the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required hereunder to be carried increased, Tenant shall increase said insurance coverage as so required by Tenant hereunder shall: such lender; provided that, in no event shall any such increase result in an increase in the premium therefor of greater than twenty five percent (a25%) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant the premium during the preceding year of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms term of this Lease. The failure of Landlord to require any additional insurance coverage at any time shall not relieve Tenant from the obligation to provide increased coverage at any later time or relieve Tenant from any other obligations under this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall alsoprocure and maintain throughout the term of this Lease a policy or policies of Commercial General Liability Insurance, at its sole cost and expense, obtain workers’ compensation insuring Tenant and covering Tenant's use or occupancy of the Demised Premises, the limits of such policy or policies to be in an amount not less than $2,000,000.00 combined single limit, to be written by insurance for companies authorized to transact business in the protection State of Texas with a Best's Rating of "A" or higher, with not less than a $3,000,000.00 Excess Liability or Commercial Umbrella Policy in addition thereto. The Commercial General Liability Policy and the Excess Liability and/or Commercial Umbrella Policy shall name Landlord (and any of its employees such as will relieve Landlord of all liability to such employees for any affiliates, subsidiaries, successors and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried assigns designated by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by as an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlordadditional insured. Tenant shall deliver obtain a renewal or binder written obligation on the part of such policy each insurance company to notify Landlord at least thirty (30) days prior to cancellation of or any material change in such policies. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration thereofof the respective policy terms. If Tenant shallshould fail to comply with the foregoing requirements relating to liability insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as additional Rent hereunder the premium cost thereof plus interest at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect the rate of eighteen percent (18%) per annum from the date of payment until repaid by Tenant. Further, should Tenant fail to deliver Landlord the required insurance policies or certificates of insurance within twenty (20) days after written demand therefore by Landlord, Tenant shall be obligated to pay Landlord a fee equal to $250.00. Notwithstanding the foregoing, Landlord shall have the right to modify the amount of the respective insurance coverage required in material breach this Section 13.2 at the commencement of any renewal term provided for in this Lease if Tenant fails to obtain such amounts as reasonably determined by Landlord provided Landlord carries the same limits of insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leasepursuant to Section 13.4 below.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant’s sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees, agents, representatives; , and other related entities and individuals individuals, and their respective successors and assigns (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 4,000,000 combined single liability limit. Such liability insurance limits shall be subject to periodic increase, at Landlord’s election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord’s professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shallThroughout the Lease Term of the Lease, Tenant, at Tenants sole cost Tenant's expense including any deductibles, shall purchase and expensekeep in force during the Lease Term a Commercial General Liability Policy with limits of not less than Five Million and 00/100 Dollars ($5,000,000.00) for each occurrence covering bodily injury to persons, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, including death, and/or property and damage occurring in or about the Premises or the Property during the period of to property. Such insurance shall be with Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of 's liability insurer so long as Tenant is Microsoft Corporation; otherwise such insurance shall be at least $2,000,000 combined single with responsible insurers acceptable to Landlord with a Best Rating of A as a minimum (whose acceptance shall not be unreasonably withheld or delayed). Such insurance shall provide coverage for Tenant's use, condition and occupation of Premises and Project and operations, independent contractors, and to the extent of Tenant's insurable contractual liability limitassumed in Article 17.1. Tenant shall alsocause its Commercial General Liability insurer to name Landlord and any other parties with an insurable interest as an additional insured under such insurance. The insurance policy shall contain a severability of interests provision, at its sole cost a provision that the insurance provided to Landlord and expense, obtain workers’ compensation insurance for the protection of its employees such others as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant additional insured shall be primary to and noncontributory to any not contributory with insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved maintained by Landlord, and (d) shall insure Tenant’s performance a provision that an act or omission of one of the Indemnity provisions of Article 13, but the amount of such Insurance insureds or additional insureds that would void or otherwise reduce coverage shall not limit Tenant’s liability nor relieve Tenant reduce or void the coverage as to the other named and additional insureds. A certificate of any obligation hereunder. Prior insurance evidencing that the foregoing insurance is in effect shall be delivered to Landlord prior to the Commencement DateDate or Effective date of this Lease, Tenant and shall deliver a be kept current throughout the Lease Term. Such certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder reflect the status of such policy Landlord and any other parties with an insurable interest as additional insured, and shall provide for at least thirty (30) days prior advance notice to expiration thereofLandlord in the event of cancellation. At Tenant's option, Tenant shall, at Tenant’s expense, may undertake to maintain such other deductibles under its Commercial General Liability insurance policy and may elect to self-insure with respect to some or all of the liability insurance as obligation set forth above. Any undertaking by Tenant deems necessary to protect Tenant. Tenant assume deductibles or self-insure with respect to some or all of its Commercial General Liability insurance shall not serve to adversely affect Landlord, and Landlord shall be protected against loss or damage in material breach of this Lease the same manner as if Tenant fails to obtain the had obtained separate Commercial General Liability insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Leaseas provided herein.

Tenant’s Liability Insurance. Tenant shallTenant, at Tenants sole cost and Tenant's expense, provide comprehensive shall maintain in full force during the Term hereof a policy or policies of commercial general liability insuranceinsurance insuring against claims and liability for personal injury, fully covering death and indemnifying property damage arising in or about the Premises, the Building and adjoining areas or ways, with a carrier or carriers reasonably acceptable to Landlord and Landlord’s officers's Lender. Landlord agrees that any carrier or carriers having a rating of not less than A minus VIII or better by Best's Insurance Guide is reasonably acceptable to Landlord. The liability under such insurance shall not be less than $10,000,000 combined single limit and with a deductible amount reasonably acceptable to Landlord and Landlord's Lender, directors, shareholders, partners, principals, employees, agents, representatives; provided that any deductible within the self insurance limits provided in Section 11(b) below shall be deemed reasonably acceptable. Such policy or policies of insurance shall (i) name Landlord and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), 's Lender as additional insureds, against any provided Landlord shall have given Tenant written notice of the name and all claims arising from personal injuryaddress of Landlord's Lender, death(ii) be non-assessable, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to non-contributory with any insurance policies carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (biii) provide that no cancellation the same may not be canceled or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least materially amended except upon thirty (30) days prior written notice to expiration thereofLandlord and (iv) be issued on an occurrence basis. Such coverage may be provided by a combination of commercial general liability and excess umbrella policies. Any insurance policy may be maintained by a "blanket policy" insuring other parties and other locations so long as the amount and coverage required to be provided hereunder is not thereby diminished. Tenant shall, at Tenant’s expense, all times shall maintain such other liability with Landlord a current certificate or certificates of said policy or policies. The amount of insurance as Tenant deems necessary to protect Tenant. Tenant coverage provided for in this Section 11 shall be increased from time to time during the Term hereof, but not more frequently than every five (5) years, upon thirty (30) days' prior notice from Landlord to the extent reasonably required by circumstances then existing if and when Landlord reasonably determines that such increase is required to adequately protect the parties named as insureds and the limits of liability for tenants leasing comparable amounts of space in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, comparable office buildings in downtown San Francisco are at such amounts or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.Landlord is required to implement such increase by Landlord's Lender. (b)

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and Tenant's expense, provide obtain and keep in force during the term of this Lease a policy of comprehensive general public liability insurance, fully covering with liability limits of not less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence and indemnifying with an extended liability endorsement providing contractual liability (which shall include coverage for Tenant's indemnity set forth in Section 12.3 below) and broad form property damage coverage, insuring Landlord and Landlord’s officersTenant against any liability arising out of the ownership, directorsuse, shareholdersoccupancy or maintenance of the Premises, partnersthe Building, principalsthe Common Area and all areas appurtenant thereto. The limit of said insurance shall not, employeeshowever, agentslimit the liability of the Tenant hereunder. Landlord may periodically during the Lease Term, representatives; but not more frequently than once each twelve (12) months, increase the minimum liability limits specified in this Section 12.1 to an amount equal to the then prevailing minimum liability limits required by landlords of other similar properties in Santa Clarx Xxxnty of similar size and other related entities use. In the event Landlord and individuals (together withTenant agree to increase the rentable area of the Premises, at Landlord’s election, Landlord’s lender)Landlord may increase the minimum liability limits set forth in this Section 12.1 in order to assure that Tenant's activities in the Premises, as additional insuredsincreased, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitare adequately insured. Tenant shall alsomay carry said insurance under a blanket policy, at its sole cost and expenseproviding, obtain workers’ compensation however, said insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to insurance (not requiring contribution from any insurance carried by Landlord) and shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, regardless Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant. The insurance required hereunder shall name Landlord as an additional insured and shall be in companies rated A+, AAA, or better in "Best's Insurance Guide." Tenant shall deliver to Landlord prior to occupancy of the absence Premises copies of negligence or other fault policies of Tenant for alleged injury, death and/or property damage. Each policy of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage Landlord. No policy shall be effective until cancelable or subject to reduction of coverage except after thirty (30) days after days' prior written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance notice to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, shall procure at Tenants sole its cost and expenseexpense and maintain throughout the Term comprehensive commercial genera1liability insurance applicable to the Premises with a minimum combined single limit of liability of Two Million Dollars ($2,000,000) and $5,000,000 annual aggregate, provide comprehensive general statutory worker's compensation insurance, and employer's liability insurance with a Five Hundred Thousand Dollar ($500,000) minimum limit covering all of Tenant's employees. Such liability insurance shall include, without limitation, products and completed operations liability insurance, fully covering fire and indemnifying legal liability insurance, and such other coverage as Landlord and may reasonably require from time to time. At Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period 's request Tenant shall increase such insurance coverage to a level that is commercially reasonably required by Landlord 14.3 Form of Tenant Policies. Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such 's insurance shall be at least $2,000,000 combined single liability limitissued by companies authorized to do business in the State of New Jersey. Tenant shall also, at its sole cost and expense, obtain workers’ compensation have the right to provide insurance for coverage pursuant to blanket policies obtained by Tenant if the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Propertyblanket policies expressly afford coverage required by this Section 14. All insurance policies required to be carried by Tenant under this Lease (except for worker's compensation insurance) shall (i) name Landlord, and any other parties designated by Landlord as additional insureds, (ii) as to liability coverages, be written on an "occurrence" basis, (iii) provide that Landlord shall receive thirty (30) days' notice from the insurer before any cancellation or change in coverage; and (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and noncontributory non-contributing with respect to any insurance policies carried by Landlord. TENANT SHALL DELIVER REASONABLY SATISFACTORY EVIDENCE OF SUCH INSURANCE TO LANDLORD CONCURRENTLY WITH THE EXECUTION AND DELIVERY OF THIS LEASE, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty AND THEREAFTER AT LEAST THIRTY (30) days after written malice to Landlord and DAYS BEFORE THE EXPIRATION DATES OF EXPIRING POLICIES. At Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date's request, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder Landlord copies of such policy at least thirty (30) days prior to expiration thereofpolicies. Tenant shallTenant, at Tenant’s 's expense, maintain such shall comply with, and shall cause all occupants of the Premises to comply with, all applicable customary rules, orders, regulations or requirements of any board of fire underwriters or other liability insurance as Tenant deems necessary to protect Tenantsimilar body. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.14.4

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insuredsinsured, against any and all claims arising from personal injury, death, and/or property damage occurring in on or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, Section or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such limits shall be subject to periodic increase, at Landlord's option, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation and keep in force during the term of this Lease commercial general liability insurance applying to the condition, use, occupancy, and maintenance of the premises and the business operated by Tenant, or any other occupant, on the premises. Such insurance shall include Broad Form Contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Three Million Dollars ($3,000,000). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned. All such policies shall be endorsed to add Landlord and any lender named by Landlord as an additional insured and to provide that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; and (iii) providing for coverage of employer's automobile non-ownership liability. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the protection named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of its employees such as will relieve Landlord which occurred or arose) in whole or in part during the policy period. Tenant shall also maintain Workers' Compensation insurance in accordance with California law, and employers liability insurance with a limit no less than One Million Dollars ($1,000,000) per employee and One Million Dollars ($1,000,000) per occurrence. The limits of all insurance described in this Paragraph 14.1 shall not, however, limit the liability to such employees for any and all accidents that may arise on or about of Tenant hereunder. Not more frequently than once each calendar year if, in the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by reasonable opinion of Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy amount of insurance required to be carried by hereunder is not adequate, Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in shall increase said insurance coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and as reasonably approved required by Landlord; provided that, and in no event shall any such increase result in an increase in the premium therefor of greater than fifty percent (d50%) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant the premium during the preceding year of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach term of this Lease if or require Tenant fails to obtain maintain insurance coverage in excess of amounts then typically maintained by lessees of similar buildings in the vicinity of the premises. The failure of Landlord to require any additional insurance required coverage at any time shall not relieve Tenant from the obligation to provide increased coverage at any later time or relieve Tenant from any other obligations under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. At all times during from and after the Delivery Date through and including the expiration or earlier termination of this Lease, Tenant shall, at Tenants sole cost shall obtain and expense, provide comprehensive keep in force a policy or policies of commercial general liability insuranceinsurance covering Tenant, fully covering and indemnifying naming Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; any Landlord Parties and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), any lenders or ground landlords whose names are provided to Tenant as additional insureds, against any claims and liability for bodily injury, personal injury and property damage (including loss of use thereof) based upon, involving or arising out of (a) Tenant’s operations and contractual liabilities, or (b) ownership, use, occupancy or maintenance of the Premises and all claims arising from personal injuryareas appurtenant thereto. Such insurance shall be on an “occurrence” basis providing a single limit coverage in amount of not less than Ten Million Dollars ($10,000,000) per occurrence; provided, deathhowever, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single not limit the liability limitof Tenant nor relieve Tenant of any obligation under this Lease. Such insurance shall include (i) a Broad Form endorsement covering the provisions of this Lease and the performance by Tenant shall also, at its sole cost and expense, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord indemnity agreements contained in this Lease, including, without limitation, Section 7.07 below, (ii) coverage for Additional Lessors of all liability Premises, and (iii) coverage for “amendment of the pollution exclusion” to such employees provide coverage for any and all accidents that may arise on or about the Premises or the Propertydamage caused by heat, smoke, fumes from a fire. All insurance required to be carried by Tenant shall be primary to, and noncontributory to not contributory with, any similar insurance carried by LandlordLandlord (whose insurance shall be considered excess insurance only). Section 7.05 Evidence of Insurance Tenant shall furnish to Landlord prior to its initial entry to the Premises pursuant to Section 5.03(a), regardless above, and at least fifteen (15) days prior to the expiration date of any policy, evidence reasonably acceptable to Landlord that the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance and liability insurance required to be carried maintained by Tenant hereunder shall: is in full force and effect for the twelve (a12) contain cross-liability and month period following such expiration date; that Landlord has been named as an additional insured to the extent of contractual liability endorsementsassumed in this Lease, (b) including, without limitation, Section 7.07 below; and that all such policies will not be canceled unless the issuer has endeavored to provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after days’ prior written malice notice of the proposed cancellation to Landlord and Landlord’s lender, (c) . The insurance shall be issued by an insurer licensed in California and reasonably carriers approved by Landlord; provided, however, that such approval shall not be unreasonably withheld so long as Tenant’s insurance carrier has a Best’s Insurance 27 Guide rating not less than A- VIII and is licensed to do business in California. Landlord shall furnish to Tenant reasonable evidence of its insurance coverage required hereunder within fifteen (15) after demand made not more than once in any calendar year. Section 7.06 Mutual Waiver of Claims and Subrogation Rights Landlord and Tenant hereby release and relieve the other, and waive their entire claim of recovery for loss or damage to property arising out of or incident to any peril covered by the insurance policies required to be carried pursuant to Sections 7.01 and 7.02 above (but only to the extent of insurance proceeds either actually received by the waiving party or which would have been received if the required insurance had been carried by the waiving party), when such property constitutes the Project, or is in, on or about the Project, whether or not such loss or damage is due to the negligence of Landlord or Tenant, or their respective agents, employees, guests, licensees, invitees, or contractors. Tenant and Landlord waive all rights of subrogation against each other on behalf of, and shall obtain a waiver of all subrogation rights from, all property and casualty insurers referenced above. Section 7.07 Indemnification and Exculpation (a) Except as otherwise provided in Section 7.07(c) below, Tenant shall indemnify, defend, protect and hold free and harmless Landlord, its partners, subpartners, members, parent organizations, affiliates, subsidiaries, principal shareholders and other constituent entities, and their respective officers, directors, servants, employees, agents and independent contractors (collectively, “Landlord Parties”) from any and all liability, claims, loss, damages, causes of action (whether in tort or contract, law or equity, or otherwise), costs, expenses, charges, assessments, fines, and penalties of any kind, including without limitation, reasonable attorneys’, experts’ and arbitrators’ fees and costs and court costs, incurred to the extent arising from (i) any cause in, on or about the Premises, (ii) any acts, omissions or negligence of Tenant, its partners, subpartners, members, parent organizations, affiliates, subsidiaries, principal shareholders, other constituent entities or any other person or entity claiming by, through or under Tenant, or any of their respective officers, directors, servants, employees, agents, independent contractors, licensees, invitees, visitors or guests (collectively, “Tenant Parties”), in, on or about Lot 1 or the Project during the Lease Term, and (diii) shall insure Tenant’s any breach or default in the timely observance or performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunderon Tenant’s part to be observed or performed under this Lease. Prior (b) Because Landlord is required to maintain insurance on the Building and Lot 1, and because Tenant compensates Landlord for such insurance as part of Tenant’s Share of Insurance Expenses and because of the waivers of subrogation in Section 7.06, Landlord shall indemnify, defend, protect and hold free and harmless Tenant and each of the Tenant Parties from any and all liability, claims, loss, damages, causes of action (whether in tort or contract, law or equity, or otherwise), costs, expenses, charges, assessments, fines, and penalties of any kind, including without limitation, reasonable attorneys’, experts’ and arbitrators’ fees and costs and court costs, for damage to property outside the Premises, but occurring on Lot 1, to the Commencement Dateextent such claims result from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Parties in connection with their respective activities in, Tenant shall deliver a certificate evidencing all on, or about the Building or Lot 1, except to the extent that such insurance claim is for damage to Landlord. Tenant shall deliver a renewal the tenant improvements or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s expense28 personal property, maintain such other liability fixtures, furniture or equipment and is covered by insurance as that Tenant deems necessary is required to protect Tenant. Tenant shall be in material breach of obtain under this Lease if (or would have been covered had Tenant fails to obtain carried the insurance required under this SectionLease). (c) Notwithstanding the foregoing, Tenant’s indemnity contained in Section 7.07(a) above shall not apply to Landlord’s negligence or willful misconduct. (d) Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise and all other personal property in, on or about the Premises and for injury or death to persons in, on or about the Premises, from any cause arising at any time to the fullest extent permitted by law. Notwithstanding the provisions of Section 7.07(b) above, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms any other provision of this Lease., in no event shall any Landlord Parties be liable under any circumstances for (i) injury or damage to, or interference with, Tenant’s business (including, but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use) or other consequential damages, in each case however occurring, or (ii) any damage which is or could be covered by the insurance Tenant is required to carry under this Lease. ARTICLE VIII DAMAGE OR DESTRUCTION Section 8.01 Repair of Damage by Landlord Tenant agrees to notify Landlord in writing promptly of any damage to the Premises resulting from fire, earthquake or other event (a “Casualty”). If the Premises are damaged by a Casualty, any Common Areas of the Building or Lot 1 providing access to or parking for the Premises are damaged by Casualty to the extent that Tenant does not have reasonable access to or parking for the Premises, or the Casualty results in the Premises not being provided with essential utilities (including, without limitation, electricity, water, HVAC and passenger elevator service), and if neither Landlord nor Tenant has elected to terminate this Lease under this Article VIII, then Landlord shall promptly and diligently repair such damage and restore Common Areas, the Building (including the Building’s systems), the Premises (but not Tenant’s improvements, Alterations, personal property or trade fixtures therein), the Tenant Improvements, and/or Tenant’s parking facilities to substantially the same condition as existed before the Casualty, except for modifications request by building codes and other laws. If Tenant requests that Landlord make any modifications to the Tenant Improvements in connection with the rebuilding, Landlord may condition those modifications on: (a) confirmation by Landlord’s contractor that the modifications shall not materially increase the time needed to complete the tenant improvements, or (b) an agreement by Tenant that the modification shall not extend the Rent abatement period. Section 8.02

Tenant’s Liability Insurance. Tenant shall, at Tenants sole cost shall obtain and expense, provide maintain during the ---------------------------- term of this Lease comprehensive general liability insuranceinsurance with combined single limit for personal injury and property damage in a form and with carriers acceptable to Landlord in an amount not less than $1,000,000, fully covering and indemnifying employer's liability and workers' compensation insurance as required by Law. In addition, Tenant shall maintain excess or umbrella liability insurance with limits not less than $4,000,000 having the general liability coverage desired above as underlying. Tenant's comprehensive general liability and excess/umbrella insurance policy shall be endorsed to provide that (i) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, (ii) Landlord is named as additional insured, (iii) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Landlord’s officersTenant pursuant to subparagraph (F) below, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructiveiv) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the reasonable opinion of Landlord's insurance adviser, based on a substantial increase in recovered liability limit. Tenant shall alsoclaims generally, at its sole cost and expensethe specified amounts of coverage are no longer adequate, obtain workers’ compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lenderappropriately increased but, (c) be issued in no event shall such required coverage exceed the level of coverage customarily carried by an insurer licensed similar businesses in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunderAlameda County. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to LandlordTerm Commencement. Tenant shall deliver to Landlord a renewal or binder duplicate of such policy or a certificate thereof to Landlord for retention by it, with endorsements, and at least thirty (30) 30 days prior to the expiration of such policy or any renewal thereof. Tenant shallshall deliver to Landlord a replacement or renewal binder, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenantfollowed by a duplicate policy or certificate within a reasonable time thereafter. Tenant shall be in material breach of this Lease if If Tenant fails to obtain the such insurance required under this Sectionor to furnish Landlord any such duplicate policy or certificate as herein required. Landlord may, or if as its election, without notice to Tenant obtains insurance with termsand without any obligation to do so, conditions and/or exclusions that are inconsistent with the requirements procure and terms of this Leasemaintain such coverage and Tenant shall reimburse Landlord on demand as Additional Rent for any premium so paid by Landlord.

Tenant’s Liability Insurance. Tenant shallshall purchase and maintain in force throughout the Term (without cost or expense to Landlord), at Tenants sole cost and expense, provide comprehensive commercial general liability insurance, fully covering insurance (including public liability and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage insurance) in the amount of Ten Million and No/100 Dollars ($10,000,000) per occurrence for legal liability arising out of personal injuries to or deaths of persons occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall Such amounts may be satisfied with a primary commercial general liability policy and an excess or "Umbrella" liability policy affording coverage, at least $2,000,000 combined single liability limitas broad as that afforded by the primary policy. Tenant shall also, at its sole cost and expense, obtain workers’ compensation Such insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (ai) contain cross-liability name Landlord, its managing agent, any mortgagee of the Property and any lessor under any ground lease that Landlord specifies by notice given in accordance with Paragraph 26 hereof, as additional insureds; (ii) cover Tenant's contractual liability endorsements, under Tenant's leases; (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (ciii) be issued by an insurer licensed in California insurance company that has a Best's Insurance Guide Rating of A-XI or better; (iv) be primary and reasonably approved non-contributing with any insurance that may be carried by Landlord, ; and (dv) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance provide that it shall not limit Tenant’s liability nor relieve be cancelled or coverage changed without thirty (30) days' prior written notice to Landlord and any mortgagee of Landlord's that has requested such notice in writing by notice to Tenant of any obligation hereunderin accordance with Paragraph 26 hereof. Prior Tenant may obtain such insurance under a blanket insurance policy covering other properties as well as the Premises. At least one (1) Business Day prior to the Commencement Date, Tenant shall deliver a certificate evidencing all of such insurance to LandlordLandlord and shall provide certificates of renewals thereof at least one (1) Business Day before the expiration dates of the coverage then in effect. If Tenant shall fail to procure such insurance before such date, or to deliver a renewal or binder such certificates, Landlord may, at its option, on notice to Tenant, procure such policies for the account of such policy at least Tenant, and the reasonable cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days prior after delivery to expiration thereofTenant of an invoice therefor. Tenant shall, at 42 51 (d) Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant's Property Insurance. Tenant shall obtain and maintain throughout the Term "all risk" insurance on and for the full cost of replacement of all of Tenant's property in the Premises, including, without limitation, all furniture, equipment, and personal property and all items of Building fixtures, alterations and improvements in which Tenant retains an ownership interest; and Tenant shall provide Landlord with copies of current certificates for such policy or policies that shall be kept current and in material breach of this Lease if Tenant fails to obtain full force and effect at all times during the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this LeaseTerm.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s lenderLandlxxx'x xxnder), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring occuring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3 000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's elect/on, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried canted by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Tenant shall, at Tenants Tenant's sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees, agents, representatives; , and other related entities and individuals (together with, at Landlord’s 's election, Landlord’s 's lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property Center during the period of Tenant’s 's possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limitlimit if the Rentable Square Footage of the Premises (as indicated in Section 1.2) exceeds 3,000 square feet, or $1,000,000 combined single liability limit if such Rentable Square Footage is 3,000 square feet or less. Such liability insurance limits shall be subject to periodic increase, at Landlord's election, based upon inflation, increased liability awards, lender requirements, the recommendations of Landlord's professional insurance advisors, and other relevant factors. Tenant shall also, at its is sole cost and expense, obtain workers’ ' compensation insurance for the protection of its employees such as will relieve Landlord of all liability to such employees for any and all accidents that may arise on or about the Premises or the PropertyCenter. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damage. Each policy of insurance required to be carried by Tenant hereunder shall: (a) contain cross-liability and contractual liability endorsements, (b) provide that no cancellation or reduction in coverage shall be effective until thirty (30) days after written malice notice to Landlord and Landlord’s 's lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s 's performance of the Indemnity indemnity provisions of Article 13, but the amount of such Insurance insurance shall not limit Tenant’s 's liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy at least thirty (30) days prior to expiration thereof. Tenant shall, at Tenant’s 's expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach of this Lease if Tenant fails to obtain the insurance required under this Section, or if Tenant obtains insurance with terms, conditions and/or exclusions that are inconsistent with the requirements and terms of this Lease.

Tenant’s Liability Insurance. Throughout the Term, Tenant shall, at Tenants sole cost and expense, provide comprehensive general liability insurance, fully covering and indemnifying Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees, agents, representatives; and other related entities and individuals (together with, at Landlord’s election, Landlord’s lender), as additional insureds, against any and all claims arising from personal injury, death, and/or property damage occurring in or about the Premises or the Property during the period of Tenant’s possession (actual and/or constructive) at the Premises. The initial limits of such insurance shall be at least $2,000,000 combined single liability limit. Tenant shall also, at its sole cost and expense, obtain workers’ compensation shall maintain commercial general liability insurance and property damage insurance, including a contractual liability endorsement, and personal injury liability coverage in respect of the Premises and the conduct or operation of business therein, with Landlord as an additional insured, with limits of not less than $1,000,000.00 in respect of bodily injury or death for any one occurrence and to the limit of not less than $2,000,000.00 for the protection of its employees such as will relieve Landlord aggregate of all liability to occurrences during any such employees for any and all accidents that may arise on or about the Premises or the Property. All insurance required to be carried by Tenant shall be primary and noncontributory to any insurance carried by Landlord, regardless of the absence of negligence or other fault of Tenant for alleged injury, death and/or property damagegiven annual policy period. Each such policy of insurance required to be carried obtained by Tenant hereunder shall: (apursuant to Section 13(a) contain cross-liability and contractual liability endorsements, (b13(b) hereof shall provide that no cancellation or reduction in coverage shall the same will not be effective until thirty (30) days after written malice to Landlord and Landlord’s lender, (c) be issued by an insurer licensed in California and reasonably approved by Landlord, and (d) shall insure Tenant’s performance of the Indemnity provisions of Article 13, but the amount of such Insurance shall not limit Tenant’s liability nor relieve Tenant of any obligation hereunder. Prior to the Commencement Date, Tenant shall deliver a certificate evidencing all such insurance to Landlord. Tenant shall deliver a renewal or binder of such policy canceled without at least thirty (30) days prior written notice to expiration thereofLandlord and the Landlord’s Mortgagee. Tenant shallOn the Commencement Date and on written request by Landlord during the term of this Lease, at Tenant’s expense, maintain such other liability insurance as Tenant deems necessary to protect Tenant. Tenant shall be in material breach deliver to Landlord certificates of this Lease if Tenant fails to obtain insurance, showing that the insurance required under to be maintained pursuant to the foregoing provisions of this SectionSection 13(a) and 13(b) is in force, naming the Landlord and Landlord’s Mortgagee, as additional insured (or in the case of liability insurance naming the Landlord’s Mortgagee as certificate holder) and will not be modified or canceled without thirty (30) days prior written notice being furnished to Landlord. Thereafter, not less than thirty (30) days prior to the expiration or termination of each such policy, Tenant shall furnish to Landlord and Landlord’s Mortgagee certificates showing renewal of, or if Tenant obtains insurance with termssubstitution for, conditions and/or exclusions that policies which expire or are inconsistent with the requirements and terms of this Leaseterminated.