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<br />12.3. Policy Form. Lessee maintains its insurance through the County of Alameda,
<br />which is self-insured. Other than LESSEE’s workers’ compensation insurance, all coverage
<br />shall (i) provide that no act or omission of LESSEE shall affect or limit the obligations of the
<br />insurer with respect to any other insured; (ii) include all waiver of subrogation rights
<br />endorsements necessary; and (iii) provide that the coverage shall be primary, and that City,
<br />although an additional insured, shall nevertheless be entitled to recovery for any damage to City
<br />or the other Indemnitees by reason of acts or omission of Lessee, and that any coverage carried
<br />by City shall be noncontributory with respect to coverage carried by Lessee. If requested, proof
<br />of coverage shall be delivered to City by Lessee on or before the Commencement Date. City may
<br />at any time, and from time to time, inspect and /or copy any and all insurance coverage required
<br />by this Agreement.
<br /> 12.4 Insurance of Lessee’s Contractors and Agents. In addition to any other insurance
<br />requirements, Lessee expressly agrees that none of its agents, contractors, workmen, mechanics,
<br />suppliers or invitees performing construction or repair work in the Premises shall commence
<br />such work unless and until each of them shall furnish Lessee (and City if requested) with
<br />satisfactory evidence of insurance coverage, financial responsibility and appropriate written
<br />releases of mechanic’s or materialmen’s lien, or stop notice claims, as necessary.
<br />12.5 Waiver of Subrogation. Lessee and City each agree to waive, and as applicable
<br />shall cause the insurance companies issuing their respective property (first party) insurance, to
<br />waive any subrogation rights that each Party and such companies may have against Lessee or
<br />City, respectively, as long as the insurance is not invalidated by the waiver. If the waivers of
<br />subrogation are contained in their respective insurance policies, City and Lessee waive any right
<br />that either may have against the other on account of any loss or damage to their respective
<br />property to the extent that the loss or damage is insured under their respective insurance policies.
<br />13. 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 D).
<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
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