Health Net 2009 Annual Report Download - page 280

during the policy term, shall be endorsed to add Landlord and at Landlord’s request the named mortgagee of Landlord, as an
additional insured, and shall provide that such coverage shall be “primary” and non-contributing with any insurance maintained
by Landlord as to the negligent acts of omissions of Tenant’s employees, agents and contractors, which shall be excess
insurance only. All such insurance shall provide for the severability of interests of insureds; and shall be written on an
“occurrence” basis, which shall afford coverage for all claims based on acts, omissions, injury and damage, which occurred or
arose (or the onset of which occurred or arose) in whole or in part during the policy period.
12.2.3 Workers’ Compensation and Employers’ Liability Insurance. Workers’ Compensation Insurance as required by
any Applicable Requirement, and Employers’ Liability Insurance in amounts not less than One Million Dollars ($1,000,000)
each accident for bodily injury by accident; One Million Dollars ($1,000,000) policy limit for bodily injury by disease; and One
Million Dollars ($1,000,000) each employee for bodily injury by disease.
12.2.4 Alterations Requirements. [INTENTIONALLY OMITTED]
12.2.5 Increases in Coverage/Amount. If at any time during the Term the amount or coverage of insurance which Tenant
is required to carry under this Section 12.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of
insurance coverage typically required of or carried by tenants (with credit similar to Tenant) of properties located in Rancho
Cordova which are similar to and operated for similar purposes as the Premises or if Tenant’s use of the Premises should change
with or without Landlord’s consent, Landlord shall have the right, no earlier than five (5) years following the Commencement
Date and once every five (5) years thereafter (except that if Tenant’s use of the Premises has changed, then at any time within
ninety (90) days following Landlord’s receipt of notice of such change in use), to require Tenant to increase the amount or
change the types of insurance coverage required under this Section 12.2 to conform to such typical amounts or types of
insurance.
12.2.6 General Insurance Requirements. All coverages described in this Section 12.2 shall be endorsed to (i) endeavor to
provide Landlord with 30 days’ notice (or, 10 days in the event of non-payment of premium) of cancellation or material change
in terms; and (ii) waive all rights of subrogation by the insurance carrier against Landlord. All insurance policies required to be
carried by Tenant under this Lease shall be written by companies rated A-VII or better in “Best’s Insurance Guide” and
authorized or approved to do business in the State of California (admitted). Tenant shall deliver to Landlord on or before the
Commencement Date, and thereafter at least 30 days before the expiration dates of the policies, copies of certificates of
insurance for Tenant’s insurance policies. If Tenant shall fail to procure such insurance, or to deliver such certificates after ten
(10) days prior written notice from Landlord to Tenant, Landlord may, at Landlord’s option and in addition to Landlord’s other
remedies in the event of a default by Tenant hereunder, procure the same for the account of Tenant, and the cost thereof shall be
paid to Landlord as Additional Rent.
12.3 Subrogation Waivers. Landlord and Tenant each waives any claim, loss or cost it might have against the other for any
damage to or theft, destruction, loss, or loss of use of any property, to the extent the same is insured against (or is required to be
insured against under the terms hereof) under any property damage insurance policy covering the Building, the Premises,
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