PROPERTY OF OR FOR TENANT IN OR OUT OF THE BUILDING, OR BY THE
INSTALLATION OR REMOVAL OF FURNITURE OR OTHER PROPERTY OF OR FOR TENANT, OR BY
REASON OF OR ARISING OUT OF THE CARELESSNESS, NEGLIGENCE OR IMPROPER CONDUCT OF
TENANT, OR ITS AGENTS, SERVANTS OR EMPLOYEES, IN THE USE OR OCCUPANCY OF THE
DEMISED PREMISES.
SUBJECT TO COMPLIANCE WITH THE PROVISIONS OF SECTION 8.02
HEREOF, WHERE APPLICABLE, TENANT SHALL HAVE THE RIGHT, AT TENANT'S OWN COST AND
EXPENSE, TO PARTICIPATE IN THE DEFENSE OF ANY ACTION OR PROCEEDING BROUGHT
AGAINST LANDLORD, AND IN NEGOTIATIONS FOR SETTLEMENT THEREOF IF, PURSUANT TO
THIS SECTION 9.05,
36
TENANT WOULD BE OBLIGATED TO REIMBURSE LANDLORD FOR EXPENSES, DAMAGES OR FINES
INCURRED OR SUFFERED BY LANDLORD.
9.06
TENANT SHALL GIVE LANDLORD WRITTEN NOTICE IN CASE OF FIRE OR
ACCIDENTS IN THE DEMISED PREMISES PROMPTLY AFTER TENANT IS AWARE OF SUCH EVENT.
9.07
TENANT AGREES TO LOOK SOLELY TO LANDLORD'S INTEREST IN THE BUILDING
(INCLUDING THE NET RENTS AND NET INCOME RECEIVED THEREFROM) FOR THE SATISFACTION
OF ANY RIGHT OR REMEDY OF TENANT FOR THE COLLECTION OF A JUDGMENT (OR OTHER
JUDICIAL PROCESS) REQUIRING THE PAYMENT OF MONEY BY LANDLORD, ITS PARTNERS,
MEMBERS, OFFICERS OR SHAREHOLDERS, IN THE EVENT OF ANY LIABILITY BY LANDLORD,
AND NO OTHER PROPERTY OR ASSETS OF LANDLORD, ITS PARTNERS, MEMBERS, OFFICERS OR
SHAREHOLDERS SHALL BE SUBJECT TO LEVY, EXECUTION, ATTACHMENT, OR OTHER
ENFORCEMENT PROCEDURE FOR THE SATISFACTION OF TENANT'S REMEDIES UNDER OR WITH
RESPECT TO THIS LEASE, THE RELATIONSHIP OF LANDLORD, ITS PARTNERS, MEMBERS,
OFFICERS OR SHAREHOLDERS AND TENANT HEREUNDER, OR TENANT'S USE AND OCCUPANCY OF
THE DEMISED PREMISES, OR ANY OTHER LIABILITY OF LANDLORD, ITS PARTNERS, MEMBERS,
OFFICERS OR SHAREHOLDERS TO TENANT.
9.08
(A)
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS LEASE, TENANT AGREES THAT IT WILL, AT ITS SOLE COST AND EXPENSE, INCLUDE IN
ITS PROPERTY INSURANCE POLICIES APPROPRIATE CLAUSES PURSUANT TO WHICH THE
INSURANCE COMPANIES (I) WAIVE ALL RIGHT OF SUBROGATION AGAINST LANDLORD AND ANY
TENANT OF SPACE IN THE PROPERTY WITH RESPECT TO LOSSES PAYABLE UNDER SUCH
POLICIES AND (II) AGREE THAT SUCH POLICIES SHALL NOT BE INVALIDATED SHOULD THE
INSURED WAIVE IN WRITING PRIOR TO A LOSS ANY OR ALL RIGHT OF RECOVERY AGAINST
ANY PARTY FOR LOSSES COVERED BY SUCH POLICIES.
TENANT SHALL FURNISH LANDLORD
UPON DEMAND EVIDENCE SATISFACTORY TO LANDLORD EVIDENCING THE INCLUSION OF SAID
CLAUSES IN TENANT'S INSURANCE POLICIES.
(B)
PROVIDED THAT LANDLORD'S RIGHT OF FULL RECOVERY UNDER ITS FIRE
INSURANCE POLICIES IS NOT ADVERSELY AFFECTED OR PREJUDICED THEREBY, LANDLORD
HEREBY WAIVES ANY AND ALL RIGHT OF RECOVERY WHICH IT MIGHT OTHERWISE HAVE
AGAINST TENANT, ITS SERVANTS, AGENTS AND EMPLOYEES, FOR LOSS OR DAMAGE OCCURRING
TO THE PROPERTY AND THE FIXTURES, APPURTENANCES AND EQUIPMENT THEREIN, TO THE
EXTENT THE SAME IS COVERED BY LANDLORD'S INSURANCE, NOTWITHSTANDING THAT SUCH
LOSS OR DAMAGE MAY RESULT FROM THE NEGLIGENCE OR FAULT OF TENANT, ITS SERVANTS,
AGENTS OR EMPLOYEES.
PROVIDED THAT TENANT'S RIGHT OF FULL RECOVERY UNDER ITS
FIRE INSURANCE POLICIES IS NOT