CCP 08-13-2013 - Laserfiche WebLink

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thirty (30) days after written notice from Lessor of such failure to pay; or (ii) Lessee's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Lessor specifying the failure. No such failure, however, will be deemed to exist if Lessee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessee. If Lessee remains in default beyond any applicable cure period, Lessor will have the right to exercise any and all rights and remedies available to it under law and equity. The following will be deemed a default by Lessor and a breach of this Agreement: (i) Lessor's failure to provide access to the Premises as required by Section 2.01 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Lessor's failure to cure an interference problem as required by Sections 2.05 and 2.06 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Lessor's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days of written notice from Lessee specifying the failure. No such failure, however, will be deemed to exist if Lessor has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessor. If Lessor remains in default beyond any applicable cure period, Lessee will have: (i) the right to cure Lessor's default and to deduct the costs of such cure from any monies due to Lessor from Lessee, and (ii) any and all other rights available to it under law and equity. ARTICLE 3. 3.01 Lessee's Insurance. At all times during the Term, Lessee, at its own expense, shall maintain the following insurance: (a) workers' compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Lessee's CGL insurance shall contain a provision including Lessor as an additional insured. Such additional insured coverage: (b) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Lessee, its employees, agents or independent contractors; (c) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Lessor, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Lessor, its employees, agents or independent contractors; and 7