Health Net 2009 Annual Report Download - page 331

(c) Workers’ compensation insurance in accordance with applicable law and employer’s liability insurance with a
limit not less than $1,000,000 bodily injury each accident; $1,000,000 bodily injury by disease - each person; and $1,000,000 bodily
injury by disease - policy limit.
9.2 Policy Requirements. Tenant’s insurance policies shall:
(a) where applicable, contain the mortgagee’s standard mortgage clause and in any event a waiver of any
subrogation rights which Tenant’s insurers may have against Landlord and against those for whom the Landlord is in law responsible;
(b) be taken out with insurers reasonably acceptable to Landlord and be in a form, and with deductible and retention
amounts, reasonably satisfactory to Landlord;
(c) as to any loss resulting from the negligence of Tenant, be non-contributing and apply as primary and not as
excess to, any other insurance available to the Landlord; and
(d) contain an undertaking by the insurers to endeavor to notify the Landlord, and the holder of any encumbrance on
the Building designated by Landlord, in writing not less than thirty days (ten days in the case of nonpayment of premiums) prior to
any material change, cancellation or termination.
9.3 Evidence of Coverage. Tenant shall deliver to Landlord certificates of insurance: (a) as soon as practicable after the
placing of the required insurance and (b) periodically thereafter before expiration, renewal or replacement of the policies then in
force. No review or approval of any such insurance certificate by Landlord shall derogate or diminish Landlord’s rights or Tenant’s
obligations. Tenant shall not take possession of the Premises without having complied with the requirements of this Section.
9.4 Indemnity and Exculpation. Tenant shall defend, indemnify and hold Landlord (and its members, managing agents,
officers, directors, employees, agents, and property manager) harmless, regardless of any negligence that may be imputed to Landlord
as owner of the real property involved in an injury, from and against any and all loss, claims, actions, damages, liability and expense
in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising directly or indirectly
from or out of this Lease, or any occurrence in, upon or at the Premises, or the occupancy or use by the Tenant of the Premises, or any
act or omission of Tenant, its members, managing agents, agents, servants, employees or invitees. Tenant shall not be required,
however, to indemnify Landlord against a claim arising from Landlord’s active negligence or willful misconduct. Landlord shall not
be liable and Tenant hereby waives all claims for any damage to any property in or about the Premises or the Building or injury or
inconvenience to Tenant’s business, by or from any cause whatsoever (including without limiting the foregoing, rain or water leakage
of any character from the roof, windows, walls, basement, pipes, plumbing works or appliances). Tenant acknowledges that it is
protecting itself against loss by maintaining appropriate insurance coverage.
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