USUAL EXTENDED
COVERAGE ENDORSEMENTS COVERING ALL TENANT'S FURNITURE, FURNISHINGS, FIXTURES AND
EQUIPMENT, AND BUSINESS INTERRUPTION INSURANCE WITH EXTRA EXPENSE COVERAGE.
ALL SUCH POLICIES SHALL BE OBTAINED FROM RESPONSIBLE
COMPANIES QUALIFIED TO DO BUSINESS AND IN GOOD STANDING IN MASSACHUSETTS, WHICH
COMPANIES AND THE AMOUNT OF INSURANCE ALLOCATED THERETO SHALL BE SUBJECT TO
LANDLORD'S APPROVAL.
TENANT AGREES TO FURNISH LANDLORD WITH CERTIFICATES
EVIDENCING ALL SUCH INSURANCE PRIOR TO THE BEGINNING OF THE TERM HEREOF AND
EVIDENCING RENEWAL THEREOF AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF
ANY SUCH POLICY.
EACH SUCH POLICY SHALL BE NON-CANCELABLE WITH RESPECT TO THE
INTEREST OF LANDLORD AND THE INSURER WILL ENDEAVOR TO NOTIFY LANDLORD AT LEAST
TEN (10) DAYS' PRIOR WRITTEN NOTICE OF ANY POLICY, BUT IN ANY EVENT NO LATER
THAN FIVE (5) DAYS FOLLOWING CANCELATION THEREOF.
ALL INSURANCE WHICH IS CARRIED BY EITHER LANDLORD OR
TENANT WITH RESPECT TO THE BUILDING, PREMISES OR TO FURNITURE, FURNISHINGS,
FIXTURES, OR EQUIPMENT THEREIN OR ALTERATIONS OR IMPROVEMENTS THERETO, WHETHER
OR NOT REQUIRED, SHALL INCLUDE PROVISIONS WHICH EITHER
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DESIGNATE THE OTHER PARTY AS ONE OF THE INSURED OR DENY TO THE INSURER
ACQUISITION BY SUBROGATION OF RIGHTS OF RECOVERY AGAINST THE OTHER PARTY TO THE
EXTENT SUCH RIGHTS HAVE BEEN WAIVED BY THE INSURED PARTY PRIOR TO OCCURRENCE OF
LOSS OR INJURY, INSOFAR AS, AND TO THE EXTENT THAT, SUCH PROVISIONS MAY BE
EFFECTIVE WITHOUT MAKING IT IMPOSSIBLE TO OBTAIN INSURANCE COVERAGE FROM
RESPONSIBLE COMPANIES QUALIFIED TO DO BUSINESS IN THE STATE IN WHICH THE
PREMISES ARE LOCATED (EVEN THOUGH EXTRA PREMIUM MAY RESULT THEREFROM).
IN THE
EVENT THAT EXTRA PREMIUM IS PAYABLE BY EITHER PARTY AS A RESULT OF THIS
PROVISION, THE OTHER PARTY SHALL REIMBURSE THE PARTY PAYING SUCH PREMIUM THE
AMOUNT OF SUCH EXTRA PREMIUM.
IF AT THE REQUEST OF ONE PARTY, THIS
NON-SUBROGATION PROVISION IS WAIVED, THEN THE OBLIGATION OF REIMBURSEMENT SHALL
CEASE FOR SUCH PERIOD OF TIME AS SUCH WAIVER SHALL BE EFFECTIVE, BUT NOTHING
CONTAINED IN THIS SUBSECTION SHALL DEROGATE FROM OR OTHERWISE AFFECT RELEASES
ELSEWHERE HEREIN CONTAINED OF EITHER PARTY FOR CLAIMS.
EACH PARTY SHALL BE
ENTITLED TO HAVE CERTIFICATES OF ANY POLICIES CONTAINING SUCH PROVISIONS.
EACH
PARTY HEREBY WAIVES ALL RIGHTS OF RECOVERY AGAINST THE OTHER FOR LOSS OR INJURY
AGAINST WHICH THE WAIVING PARTY IS PROTECTED BY INSURANCE CONTAINING SAID
PROVISIONS, RESERVING, HOWEVER, ANY RIGHTS WITH RESPECT TO ANY EXCESS OF LOSS OR
INJURY OVER THE AMOUNT RECOVERED BY SUCH INSURANCE.
4.2.5
Utilities. Tenant shall reimburse Landlord through
Operating Costs, pursuant to Section 4.2.3, for all charges for gas and chilled
water for normal office heating and air-conditioning to the Premises and chilled
water and electricity to the Connector Bridge, and water for ordinary cleaning
and lavatory use during the Term.
Tenant shall pay to Landlord by means of
monthly escrow payments (as hereinafter set forth) for all charges for the cost
of electricity for Tenant's lights, outlets and VAV boxes, and for usage of
electricity and chilled water for Tenant's special