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<br /> -9- <br /> be insured under this Paragraph and are subject to LESSOR's prior <br /> approval. Insurance carriers which are not rated by the most recent <br /> edition of Best's Key Rating Guide, Property-Casualty, published by <br /> A.H. Best Company, or insurance carriers having a ra ti ng lower than <br /> B+VII as shown in the most recent edition of said book, will not be <br /> approved by LESSOR unless a guaranty bond acceptable to LESSOR from a <br /> carrier rated B+VII or higher guaranteeing payment of any and all <br /> claims against LESSEE'S contractor or LESSEE, as applicable, is <br /> furnished to LESSOR. All insurance required under this Paragraph IX <br /> shall be written with the City of San Marcos as an additional insured. <br /> The stated limits of insurance required by this Paragraph IX are <br /> HINIMUM ONLY, and it shall be LESSEE'S responsibility to determine what <br /> limits are adequate. These minimum 1 imi ts may be basic policy <br /> limi ts or any combination of basic limits and umbrella limits. In <br /> any event, LESSEE is fully responsible for all losses arising out of, <br /> resulting from or connected with construction operations under this <br /> Agreement whether or not said losses are covered by insurance. <br /> LESSOR'S acceptance of Certificates of Insurance that in any respect do <br /> not comply with the requirements of this Agreement does not release <br /> LESSEE'S contractor or LESSEE, as applicable, from compliance herewith. <br /> All insurance required under this Paragraph IX shall be primary over <br /> any other insurance coverage LESSOR may have. <br /> X. <br /> Hold Harmless And Indemnification. <br /> LESSEE agrees to indemnify and hold harmless LESSOR from all <br /> damages, claims, losses, demands, suits, judgments, costs, including <br /> reasonable attorney's fees, and expenses arising out of or resulting <br /> from LESSEE'S occupation and use of the leased premises pursuant to <br /> this Agreement, provided that any such claim is caused in whole or in <br /> part by any negligent act or omission of LESSEE regardless of whether <br /> it is caused in part by LESSOR. Said agreement to hold harmless and <br /> to indemnify LESSOR shall apply to any and all negligent act(s) or <br /> omission(s) of LESSEE, anyone directly or indirectly employed by <br />