Res14 15316 - Laserfiche WebLink

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Agreement No.800617 of the Lease, including the requirement of adding all additional insureds. C) If insurance is terminated for any reason, Lessee agrees to purchase an extended reporting provision of at least three (3) years to report claims arising during the term of this Lease. d) Policy allows for reporting of circumstances or incidents that might give rise to future claims. (5) Deductibles and Retentions Lessee shall be responsible for payment of any deductible or retention on Lessee's policies without right of contribution from SamTrans. Deductible and retention provisions shall not contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the Named Insured is unacceptable. In the event that the policy of the Lessee or any subcontractor contains a deductible or self-insured retention, and in the event that SamTrans seeks coverage under such policy as an additional insured, Lessee shall satisfy such deductible or self-insured retention to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of Lessee, subcontractor, or any of their officers, directors, employees, agents, or suppliers, even if Lessee or subcontractor is not a named defendant in the lawsuit. (6) Self-insurance Upon evidence of financial capacity satisfactory to SamTrans and Lessee's agreement to waive subrogation against SamTrans respecting any and all claims that may arise, Lessee's obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance. 20. Noise Levels Near Railroad Tracks. Lessee hereby recognizes and acknowledges that railroad tracks may be 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 Agency on Lessee's behalf as a result of such noise levels including any claims of nuisance or trespass. Lessee shall indemnify and save harmless Agency 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. 21. Reservations. Agency hereby excepts and reserves the right, to be exercised by Agency or by any other person who has obtained or may obtain permission or authority from Agency, to (a) operate, maintain, review and relocate any and all existing pipe, track (if any), power, signal and/or communication (including without limitation fiber optic) lines and appurtenances and other ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT REV:01-13-14 VR 5884508.1 Page 13 of 21