Agmt01 Joint Powers Board - Laserfiche WebLink

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National Railroad Passenger Corporation, and their respective directors, officers, employees and agents while acting in such capacity, and their successors or assignees, as they now or as they may hereafter be constituted, singly, jointly or severally. The policy shall contain a waiver of subrogation in favor of Lessor, the City and County of San Francisco, the Santa Clara Valley Transportation Authority, the San Mateo County Transit District, the Union Pacific Railroad Company, the National Railroad Passenger Corporation, and their respective directors, officers, employees, agents while acting in such capacity, and their successors and assignees, as they now, or as they may hereafter be constituted singly, jointly or severally. (4) Additional Policies of Insurance. In addition to the requirements described above, Lessee shall maintain any other insurance which may be required by law, statute or governmental regulations. (b) Evidence of Insurance. Prior to occupying the Premises, Lessee shall file a Certificate of Insurance with Lessor evidencing coverage, and upon request, a certified duplicate original of the poticy(ies). The insurance company(ies) issuing such policy(ies) shall give written notice to Lessor of any material change and provide at least thirty (30) days notice of cancellation. Policies shall be issued by insurers acceptable to Lessor. (c) Failure to Maintain Insurance. The failure to procure or maintain required insurance shall constitute a default of this Lease. (d) Third Party Beneficiaries. All indemnitees specified in Section 16 who are not expressly parties to this Lease shall be deemed third party beneficiaries under this Lease for purposes of enforcing any rights to indemnification and insurance granted in this Lease, and shall be entitled to seek attorneys' fees and costs as provided in Section 29 below in any dispute arising from the enforcement of said rights. (e) Self-Insured Lessee. Upon evidence of financial capacity satisfactory to Lessor and with Lessor's pem,ission, Lessee may self-insure the above-required coverage. 19. Noise Levels Near Railroad Tracks. Lessee hereby recognizes and acknowledges that railroad tracks are located on or adjacent to the Premises, and that the operation of trains over the tracks does and shall produce noise levels which may be considered objectionable by Lessee or employees, agents, sublessees, or invitees of Lessee. Therefore, Lessee agrees that no legal action or complaint of any kind whatsoever shall be instituted against Lessor on Lessee's behalf as a result of such noise levels including any claims of nuisance or trespass. Lessee shall indemnify and save harmless Lessor against any loss, damage, liability or expense either might incur as a result of such action being taken by Lessee's employees, agents, sublessees or invitees. -8- 895092.2