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DocuSign Envelope ID: 30F5581A-0838-48D7-9473-0130DFSBA09F <br />12.1.1 Commercial Liability Insurance covering the insured against <br />claims of bodily injury, personal injury and property damage (including loss of use thereof) <br />arising out of Licensee's operations, and contractual liabilities including a Broad Form <br />endorsement covering the insuring provisions of this Agreement and the performance by <br />Licensee of the indemnity agreements set forth in Section 11 of this Agreement for limits of <br />liability not less than: <br />Bodily Injury and <br />Property Damage Liability <br />Personal Injury Liability <br />$ 2,000,000.00 each occurrence <br />$ 3,000,000.00 annual aggregate <br />$ 2,000,000.00 each occurrence <br />$ 3,000,000.00 annual aggregate <br />Licensee shall maintain throughout the term of this Agreement umbrella or excess <br />liability coverage of $3,000,000.00. <br />12.1.2 Physical Damage Insurance covering (A) the Equipment including <br />all wiring equipment, cabling systems and personal property installed by, for, or at the expense <br />of Licensee in connection with the Work, and (B) all improvements, alterations and additions <br />located in the License Area. Such insurance shall be written on an "all risks" of physical loss or <br />damage basis, for the full replacement cost value (subject to reasonable deductible amounts) and <br />in amounts that meet any co-insurance clauses of the policies of insurance and shall include <br />coverage for damage or other loss caused by fire or other peril including, but not limited to, <br />vandalism and malicious mischief, theft, water damage of any type, including sprinkler leakage, <br />bursting or stoppage of pipes and explosion. <br />12.1.3 Workers Compensation and Employer's Liability or other similar <br />insurance pursuant to all applicable state and local statutes and regulations. <br />12.2 Form of Policies. The minimum limits of policies of insurance required of <br />Licensee under this Agreement shall in no event limit the liability of Licensee under this <br />Agreement. Such insurance shall: (i) name Licensor, and any other party the Licensor so <br />specifies, as an additional insured under the general liability policy, including Licensor's <br />managing agent, if any; (ii) specifically cover the liability assumed by Licensee under this <br />Agreement, including, but not limited to, Licensee's obligations under Section 11 of this <br />Agreement; (iii) be issued by an insurance company having a rating of not less than ANI in <br />Best's Insurance Guide or which is otherwise acceptable to Licensor and licensed to do business <br />in the State of California; (iv) be primary insurance as to all claims thereunder and provide that <br />any insurance carried by Licensor is in excess of and is non-contributing with any insurance <br />requirement of Licensee, (v) be in form and content reasonably acceptable to Licensor; and (vi) <br />provide that said insurance shall not be canceled or coverage materially changed unless thirty <br />(30) days' prior written notice shall have been given to Licensor and any mortgagee of Licensor. <br />Licensee shall deliver certificates thereof to Licensor on or before the date Licensee enters the <br />Project for any purposes permitted hereunder and at least thirty (30) days before the expiration <br />dates thereof. In the event Licensee shall fail to procure such insurance, or to deliver such <br />certificate, Licensor may, at its option, procure such policies for the account of Licensee, and the <br />Page 5 of 13 <br />REV: 04-27-17 PR <br />ATTYIAGR.2017.0881KiInoy Realty <br />