EXCEED THE AMOUNT OF THE LAST SUCH TENANT'S ANNUAL
INSURANCE PAYMENT PAYABLE DURING THE TISHMAN PERIOD.
(B)
TENANT'S INSURANCE SHALL BE OBTAINED FROM AND MAINTAINED WITH REPUTABLE
AND FINANCIALLY SOUND INSURANCE COMPANY(IES) AUTHORIZED TO ISSUE SUCH INSURANCE
IN THE STATE OF NEW YORK AND OTHERWISE REASONABLY APPROVED BY LANDLORD AND ANY
APPLICABLE SUPERIOR MORTGAGEE.
TENANT SHALL CAUSE TO BE INCLUDED IN ALL
TENANT'S INSURANCE A PROVISION TO THE EFFECT THAT THE SAME WILL BE
NON-CANCELABLE EXCEPT UPON THIRTY (30) DAYS WRITTEN NOTICE TO TENANT, LANDLORD,
ANY SUPERIOR MORTGAGEE AND ANY SUPERIOR LESSOR.
ON THE COMMENCEMENT DATE,
TENANT SHALL FURNISH LANDLORD (AND ANY SUPERIOR MORTGAGEE AND SUPERIOR LESSOR)
WITH DUPLICATE ORIGINAL(S) OR ORIGINAL CERTIFICATE(S) TOGETHER WITH TRUE
COPY(IES) OF ALL SUCH INSURANCE POLICIES DESCRIBED IN SECTION 10(A), TOGETHER
WITH WRITTEN EVIDENCE THAT THE PREMIUMS THEREFOR HAVE BEEN PAID.
NOT LESS THAN
THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF ANY SUCH INSURANCE POLICY, TENANT
SHALL DELIVER TO LANDLORD (AND ANY SUPERIOR MORTGAGEE AND SUPERIOR LESSOR) A
CERTIFICATE EVIDENCING THE REPLACEMENT OR RENEWAL THEREOF, TOGETHER WITH WRITTEN
EVIDENCE THAT THE PREMIUMS THEREFOR HAVE BEEN PAID TOGETHER WITH TRUE AND
CORRECT COPIES OF ALL SUCH POLICIES.
(C)
TENANT SHALL CAUSE TO BE INCLUDED IN ITS PROPERTY INSURANCE POLICY A
WAIVER OF THE INSURER'S RIGHT OF SUBROGATION AGAINST LANDLORD, OR IF SUCH WAIVER
SHOULD BE UNOBTAINABLE OR UNENFORCEABLE, AN EXPRESS AGREEMENT THAT SUCH POLICY
SHALL NOT BE INVALIDATED IF THE INSURED WAIVES OR HAS WAIVED BEFORE THE CASUALTY
THE RIGHT OF RECOVERY AGAINST ANY PARTY RESPONSIBLE FOR A CASUALTY COVERED BY
THE POLICY.
IF SUCH WAIVER, AGREEMENT OR PERMISSION SHALL NOT BE, OR SHALL
CEASE TO BE, OBTAINABLE WITHOUT ADDITIONAL CHARGE OR AT ALL, TENANT SHALL SO
NOTIFY LANDLORD PROMPTLY AFTER LEARNING THEREOF.
IN SUCH CASE, IF LANDLORD
SHALL AGREE IN WRITING TO PAY THE
8
INSURER'S ADDITIONAL CHARGE THEREFOR, SUCH WAIVER, AGREEMENT OR PERMISSION SHALL
BE INCLUDED IN THE POLICY.
(D)
TO THE EXTENT LANDLORD IS PLACING, CARRYING AND MAINTAINING TENANT'S
INSURANCE AS PROVIDED IN SECTION 10(A), LANDLORD WAIVES ANY RIGHT OF RECOVERY
AGAINST TENANT OR ANY OTHER PERMITTED OCCUPANT OF THE PREMISES FOR ANY LOSS
OCCASIONED BY FIRE OR OTHER CASUALTY ARISING OUT OF TENANT'S OR SUCH PARTIES'
ACTS, OMISSIONS OR NEGLIGENCE WHICH IS AN INSURED RISK UNDER SUCH POLICIES.
(E)
TENANT HEREBY RELEASES LANDLORD AND ALL LANDLORD PARTIES (AS HEREINAFTER
DEFINED), WITH RESPECT TO ANY CLAIM (INCLUDING A CLAIM FOR NEGLIGENCE) WHICH IT
MIGHT OTHERWISE HAVE AGAINST THE OTHER PARTY, FOR LOSS, DAMAGE OR DESTRUCTION
WITH RESPECT TO ITS PROPERTY OCCURRING DURING THE TERM OF THIS LEASE.
"LANDLORD
PARTY" SHALL MEAN (I) ANY PRINCIPAL, PARTNER, MEMBER, OFFICER, STOCKHOLDER,
DIRECTOR, EMPLOYEE OR AGENT OF LANDLORD OR OF ANY PARTNER OR MEMBER OF ANY
PARTNERSHIP CONSTITUTING LANDLORD, DISCLOSED OR UNDISCLOSED, (II) ANY SUPERIOR
LESSOR OR ANY PRINCIPAL, PARTNER, MEMBER, OFFICER, STOCKHOLDER, DIRECTOR,
EMPLOYEE OR AGENT THEREOF, AND (III) ANY SUPERIOR MORTGAGEE OR ANY PRINCIPAL,
PARTNER, MEMBER, OFFICER, STOCKHOLDER, DIRECTOR, EMPLOYEE OR AGENT THEREOF.
(F)
PRIOR TO SEPTEMBER 1, 2005, LANDLORD SHALL DELIVER