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Agrecmcnt No.800617 <br /> of the Lease, including the requirement of adding all <br /> additional insureds. <br /> c) If insurance is terminated for any reason, Lessee agrees to <br /> purchase an extended reporting provision of at least three <br /> (3} years to report claims arising during the term of this <br /> Lease. <br /> d) Policy allows for reportin� of circumstances or incidents <br /> that might give rise to future claims. <br /> (5) Deductibles and Retentions <br /> Lessee shall be responsible for payment of any deductible or retention on Lessee's <br /> policies without right of contribution from SamTrans. Deductible and retention provisions shall <br /> nat contain any restrictions as to how or by whom the deductible or retention is paid. Any <br /> deductible or retention provision limiting payment to the Named lnsured is unacceptable. <br /> In the event that the policy of the Lessee or any subcontractor contains a deductible or <br /> self-insured retention, and in the event that SamTrans seeks coverage under such policy as an <br /> additional insured, Lessee shall satisfy such deductible or self-insured retention to the extent of <br /> loss covered by such policy for a lawsuit arising from or connected with any alleged act or <br /> omission of Lessee, subcontractor, or any of their officers, directors, employees, agents, or <br /> suppliers,even if Lessee or subcontractor is not a named defendant in the lawsuit. <br /> (6) Self-insurance <br /> Upon evidence of financial capacity satisfactory to SamTrans and Lessee's agreement to <br /> waive subrogation against SamTrans respecting any and all claims that may arise, Lessee's <br /> obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance. <br /> 20. Noise Levels Near Railroad Tracks. <br /> Lessee hereby recognizes and acknowledges that railroad tracks may be focated on or <br /> adjacent to the Premises, and that the operation of trains over the tracks does and shall produce <br /> noise levels which may be considered objectionable by Lessee or employees, agents, sublessees, <br /> or invitees of Lessee. Therefore, Lessee agrees that no legal action or complaint of any kind <br /> whatsoever shall be instituted against Agency on Lessee's behalf as a resuit of such noise levels <br /> including any claims of nuisance or trespass, Lessee shall indemnify and save harmless Agency <br /> against any loss, damage, liability or expense either might incur as a result of such action being <br /> taken by Lessee's employees, agents, sublessees or invitees. <br /> 21. Reservations. <br /> Agency hereby excepts and reserves the right, to be exercised by Agency or by any other <br /> person who has obtained or may obtain pertnission or authority from Agency, to (a} operate, <br /> maintain, review and relocate any and all existing pipe, track (if any), power, signal and/or <br /> communication (including without Iimitation fiber optic) lines and appurtenances and other <br /> ATTY/AGR/2013.244/SEQUOtA STA'fION LEASE AGREEMENT <br /> REV:12-19-13 VR <br /> 58845081 <br /> Page 13 of 21 <br />