eTrade 2000 Annual Report Download - page 175

(c) Workers’ Compensation and Employer’ s Liability Insurance . Workers’ compensation insurance having limits not less than those
required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations
on the Premises (including the all states endorsement and, if applicable, the volunteers endorsement), together with employer’ s liability
insurance coverage in the amount of at least Five Million Dollars ( $5,000,000.00) ;
(d) Property Insurance . “Special Form” property insurance (or its equivalent if “Special Form” property insurance is not available),
including vandalism and malicious mischief, boiler and machinery comprehensive form, if applicable, and endorsement for earthquake
sprinkler damage, each covering damage to or loss of Tenant’ s personal property, fixtures and equipment, including electronic data
processing equipment (“EDP Equipment”), media and extra expense, and all alterations, additions and improvements made by or at the
request of Tenant to the Premises other than those tenant improvements owned by Landlord. EDP Equipment, media and extra expense
shall be covered for perils insured against in the so-called “EDP Form”. If the property of Tenant’ s invitees is to be kept in the
Premises, warehouser’ s legal liability or bailee customers insur ance for the full replacement cost of such property;
(e) Business Insurance . Business insurance in an amount not less than the annual Base Rent and Additional Rent payable by Tenant
hereunder for the then current calendar year; and
(f) Additional Insurance . Any such other insurance as Landlord or Landlord’ s lender may reasonably require.
6.3. General.
(a) Insurance Companies . Insurance required to be maintained by Tenant shall be written by companies licensed to do business in
California and having a “General Policyholders Rating” of at least A:X or better (or such higher rating as may be required by a lender
having a lien on the Lot) as set forth in the most current issue of “Best’ s Insurance Guide” or “Best’ s Key Rating Guide.”
(b) Increased Coverage . Landlord, upon written notice to Tenant, may require Tenant to increase the amount of any insurance
coverage maintained by Tenant under this Section 6 to the amount of insurance coverage that landlords of similar buildings located in
Menlo Park and Palo Alto customarily require tenants to maintain.
(c) Certificates of Insurance . Tenant shall deliver to Landlord certificates of insurance with the additional insured endorsement and the
primary insurance endorsement(s) attached for all insurance required to be maintained by Tenant, no later than seven (7) days prior to
the Commencement Date or such earlier date that Tenant takes possession of the Premises. Tenant shall, at least thirty (30) days prior
to expiration of the policy, furnish Landlord with certificates of renewal or “binders” thereof. Each certificate shall expressly provide
that such policies shall not be cancelable or otherwise subject to modification except after thirty (30) days’ prior written notice to the
parties named as additional insureds in this Lease. If Tenant fails to maintain any insurance required in this Lease, Tenant shall be
liable for all losses and cost resulting from said failure.
(d) Additional Insureds . Landlord, any property management company of Landlord for the Premises and any designated by Landlord
shall be named as additional insureds under all of the policies required to be maintained by Tenant under this Section 6 . The policies
required to be maintained by Tenant under this Section 6 shall provide for severability of interest.
(e) Primary Coverage . All insurance to be maintained by Tenant shall be primary, without right of contribution from Landlord’ s
insurance. Any umbrella liability policy or excess liability policy (which shall be in “following form”) shall provide that if the
underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by
Tenant shall not limit Tenant’ s liability under this Lease.
(f) Waiver of Subrogation . Landlord and Tenant waive any right to recover against the other for damages covered by insurance or
which would have been covered by insurance had the applicable party maintained the insurance required to be maintained by that party
under the terms of this Lease. This provision is intended to waive fully, and for the benefit of Landlord or Tenant, as applicable, any
rights and/or claims which might give rise to a right of subrogation in favor of any insurance carrier. The coverages obtained by
Landlord and Tenant pursuant to this Lease shall include, without limitation, waiver of subrogation endorsements.
6.4. Tenant’s Indemnity. Tenant shall indemnify, protect and defend by counsel reasonably satisfactory to Landlord and hold
harmless Landlord and Landlord’ s officers, directors, shareholders, employees, partners, members, lenders and successors and assigns
(collectively, the “Indemnified Parties” and each, an “Indemnified Party”) from and against any and all claims, demands, causes of
action, judgments, losses, costs, liabilities, damages (including punitive and consequential damages) and expenses, including
attorneys’ fees and costs (collectively, “Claims”) arising from any cause whatsoever in the Premises, including Claims caused in whole
or in part by the act, omission or negligence of the Indemnified Party (but excluding Claims caused by an Indemnified Party’ s willful
or criminal misconduct ). In addition, Tenant shall further indemnify, protect and defend by co unsel reasonably satisfactory to
Landlord and hold harmless the Indemnified Parties from and against any and all Claims arising from (i) Tenant’ s use or occupancy of
2002. EDGAR Online, Inc.