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<br />their respective officers, employees, agents, and representatives for such losses <br />and waive all rights of subrogation of their respective insurers, provided such <br /> <br />waiver of subrogation shall not affect the right of the insured to recover <br />thereunder. The Parties agree that their respective insurance policies are now, <br /> <br />or shall be, endorsed in such a way that said waiver or subrogation shall not <br />affect the right of the insured to recover thereunder. <br /> <br />5.5 <br /> <br />Insurance Criteria. <br /> <br />Tenant is a permissively self -insured public entity and a member of <br />a pooled liability Joint Powers authority authorized with the State of California. In <br /> <br />the event Tenant withdraws from the said Joint Powers Authority or ceases to be <br />self insured under the program or similar program, then the following criteria shall <br /> <br />apply: Insurance policies required by this Lease shall be issued by insurance <br />companies licensed to do business in the State of California with General <br /> <br />policyholder's ratings of at least A or A- and a financial rating of at least VI in the <br /> <br />most current Best's Insurance Reports available on the Commencement Date <br />and at each policy renewal date. If Best's ratings are changed or discontinued, <br /> <br />the Parties shall agree to an equivalent method of rating insurance companies. If <br />the Parties cannot agree they shall submit the dispute to arbitration under Article <br /> <br />10. Each such policy shall: <br /> <br />(a) <br /> <br />name the nonprocuring Party as an additional insured as its <br /> <br />interest may appear (other landlords or tenant may also be added as additional <br />insureds in a blanket policy); <br /> <br />(b) <br /> <br />provide that the insurance not be canceled or materially <br /> <br />changed in the scope or amount of coverage unless fifteen (15) days' advance <br />notice is given to the non procuring Party; <br /> <br />(c) <br /> <br />be primary policies; i.e., not as contributing with, or in excess <br /> <br />/-'")' <br />,fif\" V <br />t l J, <br />J <br />~ <br />