Health Net 2009 Annual Report Download - page 447

COMMERCIAL GENERAL LIABILITY POLICY) SHALL INCLUDE AN ENDORSEMENT PROVIDING THAT
INSURER SHALL ENDEAVOR TO PROVIDE LANDLORD WITH THIRTY (30) DAYS (OR, TEN (10) DAYS, IN THE
EVENT OF NON-PAYMENT OF PREMIUM) PRIOR WRITTEN NOTICE OF ANY CANCELLATION OF,
NONRENEWAL OF, REDUCTION OF COVERAGE OR MATERIAL CHANGE IN COVERAGE ON SAID POLICIES.
Tenant hereby waives its right of recovery against any Landlord Indemnitee of any amounts paid by Tenant or on Tenant’s
behalf to satisfy applicable worker’s compensation laws. The duly executed certificates of policies showing the material terms
for the same, together with satisfactory evidence of the payment of the premiums therefor, shall be deposited with Landlord on
the date Tenant first occupies the Premises and upon renewals of such policies not less than fifteen (15) days prior to the
expiration of the term of such coverage.
(ii) It is expressly understood and agreed that the coverages required represent Landlord’s minimum requirements and such
are not to be construed to void or limit Tenant’s obligations contained in this Lease, including without limitation Tenant’s
indemnity obligations hereunder. Neither shall (A) the insolvency, bankruptcy or failure of any insurance company carrying
Tenant, (B) the failure of any insurance company to pay claims occurring nor (C) any exclusion from or insufficiency of
coverage be held to affect, negate or waive any of Tenant’s indemnity obligations under this Paragraph 8 and Paragraph 6(g)(ii)
or any other provision of this Lease. With respect to insurance coverages, except worker’s compensation, maintained hereunder
by Tenant and insurance coverages separately obtained by Landlord, all insurance coverages afforded by policies of insurance
maintained by Tenant shall be primary insurance as such coverages apply to Landlord, but only as to the acts or omissions of
Tenant or its agents, contractors, employees or licensees, and such insurance coverages separately maintained by Landlord shall
be excess, and Tenant shall have its insurance policies so endorsed. The amount of liability insurance under insurance policies
maintained by Tenant shall not be reduced by the existence of insurance coverage under policies separately maintained by
Landlord. Tenant shall be solely responsible for any premiums, assessments, penalties, deductible assumptions, retentions,
audits, retrospective adjustments or any other kind of payment due under its policies.
(iii) Tenant’s occupancy of the Premises without delivering the certificates of insurance shall not constitute a waiver of
Tenant’s obligations to provide the required coverages. If Tenant provides to Landlord a certificate that does not evidence the
coverages required herein, or that is faulty in any respect, such shall not constitute a waiver of Tenant’s obligations to provide
the proper insurance.
(iv) Throughout the Lease Term, Landlord agrees to maintain (i) fire and extended coverage insurance, and, at Landlord’s
option earthquake damage coverage and additional property insurance coverage, all in amounts and of the types similar to that
maintained by owners of similar class office buildings in the Portland, Oregon metropolitan area, on the insurable portions of
Building and the remainder of the Project in an amount not less than the fair replacement value thereof, subject to reasonable
deductibles (ii) boiler and machinery insurance amounts and with deductibles that would be considered standard for similar class
office building in Portland, Oregon metropolitan area and (iii) commercial general liability insurance with a combined single
limit coverage of at least $2,000,000.00 per occurrence. All such insurance shall be obtained from insurers Landlord reasonably
believes to be financially responsible in light of the risks being insured. The premiums for any such insurance shall be a part of
Operating Costs.
(e) Mutual Waivers of Recovery. Landlord, Tenant, and all parties claiming under them, each mutually release and discharge
each other from responsibility for that portion of any loss or damage paid or reimbursed by an insurer of Landlord or Tenant under
any fire, extended coverage or other property insurance policy maintained by Tenant with respect to its Premises or by Landlord with
respect to the Building or the Project (or which would have been paid had the insurance required to be maintained hereunder been in
full force and effect), no matter how caused, including negligence, and each waives any right of recovery from the other including,
but not limited to, claims for contribution or indemnity, which might otherwise exist on account thereof. Any fire, extended coverage
or property insurance policy maintained by Tenant with respect to the Premises, or Landlord with respect to the Building or the
Project, shall contain, in the case of Tenant’s policies, a waiver of subrogation provision or endorsement in favor of Landlord, and in
the case of Landlord’s policies, a waiver of subrogation provision or
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