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Science Factory
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Last modified
8/20/2014 2:16:44 PM
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8/20/2014 2:13:17 PM
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Correspondence
PW_Division
Parks and Open Space
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10.2.3 If City elects to terminate this Lease, all insurance proceeds shall be <br />distributed in accordance with Section 11.2. <br />11. Insurance. WISTEC shall obtain and maintain continuously in effect at all times during the <br />term of this Lease, at WISTEC's expense, the following insurance on the Land and Building: <br />11.1 Commercial General Liability Insurance. A commercial general liability <br />insurance policy, including bodily injury and property damage, with combined single <br />limit coverage of not less than one million dollars ($1,000,000.). The policy shall <br />maintain cross liability endorsements and shall insure performance by WISTEC of <br />the indemnity provisions of this Agreement. The limits of said insurance shall not, <br />however, limit the liability of WISTEC hereunder. Said insurance shall have a <br />Landlord's Protective Liability endorsement attached thereto. <br />11.2 Property Insurance. Beginning on the date WISTEC is given access to the Land <br />for any purpose and continuing until expiration of the term, WISTEC shall procure, <br />pay for and maintain in effect policies of all risk casualty insurance covering (i) all <br />improvements, and (ii) trade fixtures, merchandise or other personal property from <br />time to time, in on or about the Land or Building, in an amount not less than one <br />hundred percent (100 %) of their actual replacement costs from time to time, <br />providing protection against any peril included with the classification "Fire and <br />Extended Coverage" together with insurance against sprinkler damage, vandalism <br />and malicious mischief. The proceeds of such insurance shall be used for the repair <br />and or replacement of the property so insured. Upon termination of this Lease <br />following a casualty as set forth herein, the proceeds under (i) less the costs of <br />improvements to the Building made by WISTEC, shall be paid to City, and the <br />proceeds under (ii) shall be paid to WISTEC. WISTEC shall pay for any increase in <br />the casualty insurance. <br />11.3 Policy Requirements. WISTEC shall provide City at least thirty (30) days prior <br />written notice of any material change, non - renewal or cancellation of any insurance <br />policies required by this Lease. <br />12. Hazardous Materials. <br />12.1 Definition of Hazardous Materials. As used herein, the term "hazardous materials" <br />shall mean any materials that, because of their quantity, concentration or physical, <br />chemical, or infectious characteristics, may cause or pose a present or potential <br />hazard to human health or the environment when improperly used, stored, disposed <br />of, transported, or otherwise handled. This term includes, but is not limited to, <br />petroleum, including crude oil, including any fraction thereof that is a liquid at <br />standard conditions of temperature and pressure (60 ° Fahrenheit.and 14.71 lbs. per <br />square inch absolute), or any hazardous or toxic substance regulated under the <br />Resource Conservation and Recovery Act, the Comprehensive Environment <br />GROUND LEASE - 5 <br />
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