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for inflation orcost-of-living increases is provided in this Lease, policy limits may be periodically increased as follows: At three (3) year intervals commencing in year four of the leasehold, City may, upon thirty (30) days' notice to Waste Management, require Waste Management to increase policy limits on renewal by commercially reasonable amounts for commercially reasonable limits deemed reasonably necessary to protect both City's and Waste Management's interest in the Premises, the improvements thereon, and any and all continuing exposure to liability attendant with ownership or use thereof. City's waiver of any increase under this subparagraph shall not limit the amount of any future increase. 9.4. Certificates of Insurance. Promptly upon receipt thereof, Waste Management shall furnish City with copies of all certificates and endorsements evidencing insurance. Before entering upon the Premises, Waste Management shall furnish City with binders representing all insurance required by this Lease. 9.5, Waiver of Subrogation. City and Waste Management each hereby waive any right to recover against the other party for claims for damages to its own property that is covered by insurance other than self insurance. This provision is intended to waive fully, and for the benefit of each party, any rights and/or claims which might give rise to right of Subrogation in favor of any insurance carrier. The coverage obtained by the parties pursuant to this Lease shall include, without limitation, a waiver of subrogation endorsement attached to Certificate of Insurance. 9.5.1 City's Duty to Maintain Insurance. City may self-insure to the limits set forth in Exhibit D. 9,6 Failure to Maintain Insurance, Proof of Compliance. Waste Management shall deliver to City, in the manner required for notices, copies or certificates of all insurance policies required by this Lease, together with evidence reasonably satisfactory to City of payment required for procurement and maintenance of the policy, within the following time limits; 9,6.1 Execution of Lease. For insurance required at the commencement of this Lease prior to Waste Management's entry upon the Premises. 9.6.2 After Execution of Lease. For insurance required at a later date, at least twenty (20) days before the requirement takes effect, or as soon thereafter as is reasonably practicable as the requirement, if new, takes effect. 9.6.3 Renewals and Replacements. For any renewal or replacement of a policy already in existence, a binder or proof thereof at least thirty (30) days before expiration or other termination of the existing policy certificates and endorsements received. 9.6.4 Failure to Procure and Maintain Insurance. If either party fails or refuses to procure or maintain insurance as required by this Lease, or fails or refuses to furnish the other party with required proof that the insurance upon reasonable request therefore has been procured and is in force and paid for, that party shall be deemed in default of this Lease as provided herein. 9.7 Indemnity. Each party will indemnify, hold harmless and defend the other party, its officers, employees, agents and volunteers, from and against any and all actions, claims, damages, disabilities or expenses including, without limitation, attorneys' fees, witness costs and court costs, that may be asserted by any person 622009-1 13