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Prior to the Effective Date, the Lessee shall furnish the City with certificates of insurance in form
<br /> acceptable to the City evidencing the required insurance coverage and duly executed
<br /> endorsements evidencing such additional insured status. The certificates shall contain a
<br /> statement of obligation on the part of the carrier to notify the City of any material change,
<br /> cancellation, termination or non - renewal of the coverage at least thirty (30) days in advance of
<br /> the effective date of any such material change, cancellation, termination or non - renewal, except
<br /> in the event of non - payment of premium a ten (10) day notice will be provided. Coverage
<br /> provided by the Lessee shall be primary insurance and shall not be contributing with any
<br /> insurance, or self - insurance maintained by the City, and the policies shall so provide. The
<br /> insurance policies shall contain a waiver of subrogation for the benefit of the City. The Lessee
<br /> shall provide the City with certified copies of the required insurance policies upon the City's
<br /> request. Lessee shall, at it sole cost and expense, purchase and maintain an insurance policy for
<br /> property damage to any improvements or modifications of the property, including, but not
<br /> limited to, furniture and property of the Lessee.
<br /> 15. LESSEE COVENANTS REGARDING ENVIRONMENTAL MATTERS. The
<br /> Lessee hereby covenants and agrees that throughout the Term:
<br /> (a) The Premises, and the use and operation thereof, shall be in compliance
<br /> with all Hazardous Materials Laws, and the Lessee shall not cause or permit the Premises or any
<br /> portion thereof to be in violation of any Hazardous Materials Laws (as defined in Exhibit C).
<br /> (b) The Lessee shall not permit the Premises or any portion thereof to be a site
<br /> for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous
<br /> Materials nor shall Lessee permit the presence or release of Hazardous Materials in, on, under,
<br /> about or from the Premises.
<br /> (c) Upon receiving knowledge of the same, the Lessee shall immediately
<br /> advise the City in writing of: (i) any and all enforcement, cleanup, removal or other
<br /> governmental or regulatory actions instituted, completed or threatened against the Lessee
<br /> pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims,
<br /> citations, demands, inquiries, reports, or notices made or threatened by any third party against the
<br /> Lessee, the Premises relating to damage, contribution, cost recovery, compensation, loss or
<br /> injury resulting from any Hazardous Materials; (iii) the presence or release of any Hazardous
<br /> Materials in, on, under, about or from the Premises; or (iv) the discovery of any occurrence or
<br /> condition, by the Lessee, on any real property adjoining or in the vicinity of the Premises
<br /> classified as "Border Zone Property" under the provisions of California Health and Safety Code
<br /> section 25220 et seg., or any regulation adopted in connection therewith, that may in any way
<br /> affect the Premises pursuant to any Hazardous Materials Laws or cause it or any part thereof to
<br /> be designated as Border Zone Property. The matters set forth in the foregoing clauses (i) through
<br /> (iv) are hereinafter referred to as "Hazardous Materials Claims."
<br /> (d) Without the City's prior written consent, which shall not be unreasonably
<br /> withheld, the Lessee shall not take any remedial action in response to the presence of any
<br /> HazardOus Materials in, on, under, or about the Premises (other than in emergency situations or
<br /> as required by governmental agencies having jurisdiction in which case the City agrees to
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