TENANT SHALL ALSO PROCURE
AT ITS EXPENSE AND SHALL MAINTAIN THEREAFTER THROUGHOUT THE LEASE TERM A POLICY
OR POLICIES OF COMMERCIAL GENERAL LIABILITY INSURANCE WRITTEN ON AN "OCCURRENCE"
BASIS INSURING AGAINST LIABILITY FOR INJURY TO OR DEATH OF A PERSON OR PERSONS
AND FOR DAMAGE TO PROPERTY OCCASIONED BY OR ARISING OUT OF ANY CONSTRUCTION WORK
BEING DONE BY OR ON BEHALF OF TENANT ON THE PREMISES, OR ARISING OUT OF THE
CONDITION, USE OR OCCUPANCY OF THE PREMISES, OR IN ANY WAY OCCASIONED BY OR
ARISING OUT OF THE ACTIVITIES OF TENANT, ITS MEMBERS, PARTNERS, AGENTS,
CONTRACTORS OR EMPLOYEES IN THE PREMISES AND THE ACTIVITIES OF TENANT'S GUESTS
AND LICENSEES WHILE IN THE PREMISES, THE LIMITS OF SUCH POLICY OR POLICIES TO BE
ISSUED ON A COMBINED SINGLE LIMITS BASIS FOR BOTH PERSONAL INJURY AND PROPERTY
DAMAGE IN AMOUNTS NOT LESS THAN FIVE MILLION DOLLARS ($5,000,000) FOR EACH
OCCURRENCE.
TENANT SHALL ALSO PROCURE AT ITS EXPENSE AND SHALL MAINTAIN
THEREAFTER THROUGHOUT THE LEASE TERM A POLICY OF UMBRELLA/EXCESS LIABILITY
INSURANCE IN THE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS ($10,000,000.00).
SUCH INSURANCE SHALL, IN ADDITION, EXTEND TO ANY LIABILITY OF TENANT ARISING OUT
OF THE INDEMNITIES PROVIDED FOR IN THIS LEASE, EXCEPT THE HAZARDOUS MATERIALS
INDEMNITY PROVIDED IN SECTION 5 OF THIS LEASE.
ALL INSURANCE POLICIES PROCURED
AND MAINTAINED BY TENANT PURSUANT TO THIS SECTION 10 SHALL NAME LANDLORD,
LANDLORD'S MEMBERS OR GENERAL PARTNERS (IF REQUESTED BY LANDLORD), LANDLORD'S
PROPERTY MANAGER (IF REQUESTED BY LANDLORD) AND LANDLORD'S LENDER(S) AS
ADDITIONAL INSUREDS, THE PRIMARY CARRIER (BUT NOT ANY REINSURANCE CARRIER) FOR
WHICH INSURANCE IS LICENSED TO DO BUSINESS IN THE STATE OF GEORGIA AND HAS A
RATING PURSUANT TO THE LATEST VERSION OF A.M. BEST'S INSURANCE GUIDE OF A-/VIII
OR HIGHER (OR AN EQUIVALENT RATING IF SUCH PUBLICATION IS DISCONTINUED), AND
SHALL BE NON CANCELABLE EXCEPT AFTER THIRTY (30) DAYS' WRITTEN NOTICE TO
LANDLORD.
LANDLORD SHALL HAVE THE RIGHT TO REVIEW THE FOREGOING INSURANCE
AMOUNTS AND COVERAGES EVERY THREE (3) YEARS AND SHALL HAVE THE RIGHT TO NOTIFY
TENANT IN WRITING OF ANY REQUIRED CHANGES IN THE AMOUNTS AND/OR COVERAGES (SO
LONG AS THE NEW COVERAGES REQUIRED BY LANDLORD REFLECT THE POLICIES, COVERAGES
AND AMOUNTS THEN BEING REQUIRED BY LANDLORDS IN OTHER COMPARABLE OFFICE
BUILDINGS IN THE METROPOLITAN ATLANTA AREA) IN WHICH CASE TENANT SHALL HAVE AT
LEAST NINETY (90) DAYS TO SECURE ANY CHANGES IN SUCH INSURANCE REQUIRED BY
LANDLORD AND TO PROVIDE TO LANDLORD COPIES OF CERTIFICATES OF THE AMENDED (OR
NEW) POLICIES REFLECTING SUCH CHANGES; PROVIDED, HOWEVER, TENANT SHALL HAVE
UNTIL THE NEXT ANNUAL RENEWAL TO INITIATE ANY CHANGE TO ANY EXISTING POLICY
WHICH POLICY IS RENEWED ANNUALLY BY TENANT.
SUCH INSURANCE POLICIES OR DULY
EXECUTED CERTIFICATES OF SUCH INSURANCE, ACCOMPANIED BY PROOF OF PAYMENT OF THE
PREMIUM FOR SUCH INSURANCE, SHALL BE DELIVERED TO LANDLORD PRIOR TO THE
COMMENCEMENT OF THE LEASE TERM AND CERTIFICATES OF RENEWAL OF SUCH INSURANCE OR
COPIES OF ANY REPLACEMENT INSURANCE POLICIES SATISFYING THE REQUIREMENTS OF THIS
SECTION 10 SHALL