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REV: 07-15-24 VR <br />may determine advisable. Landlord may, but shall not be required to, maintain earthquake <br />or flood coverage. Notwithstanding any contribution by Tenant to the cost of insurance <br />premiums as provided herein, Tenant acknowledges that it has no right to receive any <br />proceeds from any insurance policies carried by Landlord. <br />18.4 Landlord and Tenant hereby mutually waive their respective rights of <br />recovery against each other for any loss of, or damage to, either parties' property, to the <br />extent that such loss or damage is insured by an insurance policy required to be in effect at <br />the time of such loss or damage. Each party shall obtain any special endorsements, if <br />required by its insurer whereby the insurer waives its rights of subrogation against the other <br />party. The provisions of this clause shall not apply in those instances in which waiver of <br />subrogation would cause either party's insurance coverage to be voided or otherwise made <br />uncollectible. <br />18.5 In the event Tenant does not purchase the insurance required by this Lease <br />or keep the same in full force and effect, Landlord may, but shall not be obligated to <br />purchase the necessary insurance and pay the premium. Tenant shall repay to Landlord, as <br />additional rent, the amount so paid promptly upon demand. In addition, Landlord may <br />recover from Tenant and Tenant agrees to pay, as additional rent, any and all reasonable <br />expense (including attorneys' fees) and damages which Landlord may sustain by reason of <br />the failure to Tenant to obtain and maintain such insurance. <br />18.6 Tenant shall provide a Certificate or Certificates of Insurance to Landlord <br />documenting compliance with the requirements of Section 18.1 prior to the Early <br />Occupation Date. <br />19. Damage or Destruction. <br />19.1 In the event that the Premises is damaged by fire or other casualty which is <br />covered under insurance pursuant to the provisions of the foregoing section, Landlord <br />may, but shall not be required to, restore such damage. In lieu of restoration, Landlord <br />may terminate the Lease by giving Tenant 10 days’ notice. Rent, Operating Expenses, and <br />any additional rent shall be abated during the notice period. <br />19.2 In the event that the Premises is damaged by a fire or casualty that renders <br />the Premises unusable by Tenant for a period of more than 10 days, Tenant may terminate <br />the Lease by giving Landlord at least 10 days’ written notice. Rent, Operating Expenses, <br />and any additional rent shall be abated during this notice period. <br />19.3 To the extent conflicting with the provisions of this Section 19, Tenant <br />hereby waives California Civil Code Sections 1932(2) and 1933(4), providing for <br />termination of hiring upon destruction of the thing hired and Sections 1941 and 1942, <br />providing for repairs to and of premises. <br />20. Eminent Domain. <br />ATTY/AGR.2024.108/Sequoia Healthcare District (Office Lease Agreement) (Page 14 of 23)