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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
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<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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