TO LANDLORD CERTIFICATES
OF INSURANCE AND ANY AND ALL ENDORSEMENTS REQUIRED HEREIN FOR ALL INSURANCE
REQUIRED TO BE MAINTAINED BY TENANT.
TENANT SHALL, AT LEAST THIRTY (30) DAYS
PRIOR TO EXPIRATION OF EACH POLICY, FURNISH LANDLORD WITH CERTIFICATES OF
RENEWAL OR "BINDERS" THEREOF.
EACH CERTIFICATE SHALL EXPRESSLY PROVIDE THE
INSURANCE CARRIER WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS NOTICE TO LANDLORD
AND THE OTHER PARTIES NAMED AS ADDITIONAL INSUREDS AS REQUIRED IN THIS LEASE OF
ANY CANCELLATION OR REDUCTION OF COVERAGE SUCH POLICIES.
14.05
SELF INSURED RETENTION.
FOR SO LONG AS THE TENANT UNDER THIS LEASE
IS CH2M HILL, INC. OR A PURCHASER OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF
THE BUSINESS OPERATED BY IT AS OF THE DATE HEREOF OR A SUCCESSOR THERETO BY
MERGER OR CONSOLIDATION ("CH2M HILL"), AND PROVIDED AND FOR SO LONG AS CH2M HILL
SHALL MAINTAIN A NET WORTH, DETERMINED IN ACCORDANCE WITH GAAP, OF NOT LESS THAN
$200 MILLION (AND SHALL PROVIDE TO LANDLORD UPON ITS WRITTEN REQUEST FINANCIAL
STATEMENTS (INCLUDING VIA PUBLIC FILINGS) CERTIFIED BY AN INDEPENDENT PUBLIC
ACCOUNTANT SHOWING A NET OF AT LEAST SUCH AMOUNT), THE COMMERCIAL GENERAL
LIABILITY COVERAGE PROVIDED BY TENANT PURSUANT TO THIS LEASE MAY INCLUDE A
SELF-INSURED RETENTION IN AN AMOUNT NOT TO EXCEED $1,000,000.
WITH REGARD TO
ANY SUCH SELF-INSURED RETENTION, TENANT SHALL PROVIDE A DEFENSE TO LANDLORD IN
RESPECT OF CLAIMS AND LIABILITIES ARISING FROM ANY OCCURRENCE ON OR ABOUT THE
PREMISES, THE BUILDINGS OR THE PROJECT, GENERALLY IN THE MANNER AS WOULD HAVE
BEEN PROVIDED BY AN INSURANCE COMPANY IF TENANT, INSTEAD OF HAVING SUCH
RETENTION, HAD MAINTAINED FULL INSURANCE COVERAGE AS PROVIDED IN THIS
PARAGRAPH XIV WITH A THIRD-PARTY INSURER AND, IN PARTICULAR, SHALL NOT DECLINE
TO PROVIDE A DEFENSE ON THE BASIS THAT LANDLORD OR A LANDLORD'S AGENT MAY HAVE
BEEN NEGLIGENT WITH REGARD TO SUCH OCCURRENCE.
23
ARTICLE XV
INDEMNIFICATION
15.01
LANDLORD.
TENANT SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD AND
LANDLORD'S AGENTS, ADVISORS, EMPLOYEES, PARTNERS, SHAREHOLDERS, DIRECTORS,
INVITEES AND INDEPENDENT CONTRACTORS (COLLECTIVELY, "LANDLORD'S AGENTS") AGAINST
AND FROM ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, COSTS, DEMANDS, CAUSES OF
ACTION AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES)
ARISING FROM (I) ANY OCCURRENCE ON OR ABOUT THE PREMISES, THE BUILDINGS OR THE
PROJECT, EXCEPT TO THE EXTENT ARISING BY REASON OF THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF LANDLORD OR LANDLORD'S FAILURE TO PERFORM ITS OBLIGATIONS
EXPRESSLY SET FORTH IN THIS LEASE, BY TENANT OR TENANT'S AGENTS, AND (II) THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR TENANT'S AGENTS, OR FROM ANY
DEFAULT IN THE TERMS OF THIS LEASE BY TENANT, AND (III) ANY ACTION OR PROCEEDING
BROUGHT ON ACCOUNT OF ANY MATTER IN ITEMS (I) OR (II).
IF ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST LANDLORD BY REASON OF ANY SUCH CLAIM, UPON NOTICE
FROM LANDLORD, TENANT SHALL DEFEND THE SAME AT TENANT'S EXPENSE WITH COUNSEL
SELECTED BY TENANT.
15.02
TENANT.
LANDLORD SHALL INDEMNIFY AND HOLD HARMLESS TENANT AND
TENANT'S AGENTS (AS DEFINED IN PARAGRAPH 8.01) AGAINST AND FROM ANY