Agmt24 City of San Carlos Fire && Emergency Services Amendment No. 3

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ATTY/AGR.2024/AMEND. NO. 3/CITY OF REDWOOD CITY AND SAN CARLOS FIRE & EMERGENCY SERVICES REV: 06-20-24 VR Page 26 of 28 14.3. Insurance Company. Notwithstanding the references to commercial general liability insurance in this Section 14, the parties acknowledge and agree that each is a public entity with general liability coverage through a self-insurance joint powers authority (JPA). The parties agree that the coverages through their respective JPA will satisfy the insurance requirements in this Lease. Each party shall deliver to the other copies of policies of liability insurance required or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to the other. No such policy shall be cancelable or subject to reduction of coverage or other modification except after ten (10) days prior written notice to the other party. Lessee and City shall each, within ten (10) days prior to the expiration of such policies, furnish to the other with renewals or “binders” thereof, or the other party may order such insurance and charge the cost thereof to the defaulting party, which amount shall be payable by the defaulting party upon demand. Neither Lessee nor City shall do or permit to be done anything which shall invalidate the insurance policies referred to herein. 14.4. Waiver of Subrogation. Lessee and City each hereby waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Lessee and City shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 15. Severability. If any provision of the Lease Agreement, or its application, is held invalid, it will not affect other provisions or application herein which can be given effect without the invalid provision or application. To this end all provisions of the Lease Agreement are severable. 16. City Repair of Lessee Damage. 16.1. Partial Destruction. If at any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee (in which event Lessee shall make the repairs, at its expense) and such damage was caused by a casualty not covered under an insurance policy required to be maintained by City, City may at City’s option either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within (30) days after the date of the occurrence of such damage of City’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage, in which event the parties will meet and confer regarding any change in scope of work for the Fire Services Agreement in light of such Lease termination. In the event City elects to give such notice of City’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to the City of Lessee’s intention to repair such damage at Lessee’s expense, without Docusign Envelope ID: E05468C4-A699-4430-A510-E42D7232B74D