POLICIES ARE NOW, OR SHALL BE, ENDORSED SUCH THAT THE WAIVER OF
SUBROGATION SHALL NOT AFFECT THE RIGHT OF THE INSURED TO RECOVER THEREUNDER, SO
LONG AS NO MATERIAL ADDITIONAL PREMIUM IS CHARGED THEREFOR.
TENANT WILL CAUSE
ALL OTHER OCCUPANTS OF THE PREMISES CLAIMING BY, UNDER, OR THROUGH TENANT TO
EXECUTE AND DELIVER TO LANDLORD A WAIVER OF CLAIMS SIMILAR TO THE WAIVER IN THIS
SECTION 10.5 AND TO OBTAIN SUCH WAIVER OF SUBROGATION RIGHTS ENDORSEMENTS.
10.6
ADDITIONAL INSURANCE OBLIGATIONS.
TENANT SHALL CARRY AND MAINTAIN
DURING THE ENTIRE LEASE TERM, AT TENANT'S SOLE COST AND EXPENSE, INCREASED
AMOUNTS OF THE INSURANCE REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THIS
ARTICLE 10 AND SUCH OTHER REASONABLE TYPES OF
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INSURANCE COVERAGE AND IN SUCH REASONABLE AMOUNTS COVERING THE PREMISES AND
TENANT'S OPERATIONS THEREIN, AS MAY BE REASONABLY REQUESTED BY LANDLORD, BUT IN
NO EVENT IN EXCESS OF THE AMOUNTS AND TYPES OF INSURANCE THEN BEING REQUIRED BY
LANDLORDS OF OTHER COMPARABLE BUILDINGS.
ARTICLE 11
DAMAGE AND DESTRUCTION
11.1
REPAIR OF DAMAGE TO PREMISES BY LANDLORD.
TO THE EXTENT THAT
LANDLORD DOES NOT ALREADY HAVE ACTUAL KNOWLEDGE OF THE SAME, TENANT SHALL
PROMPTLY NOTIFY LANDLORD OF ANY DAMAGE TO THE PREMISES RESULTING FROM FIRE OR
ANY OTHER CASUALTY.
IF THE PREMISES OR ANY COMMON AREAS SERVING OR PROVIDING
ACCESS TO THE PREMISES SHALL BE DAMAGED BY FIRE OR OTHER CASUALTY, LANDLORD
SHALL PROMPTLY AND DILIGENTLY, SUBJECT TO REASONABLE DELAYS FOR INSURANCE
ADJUSTMENT OR OTHER MATTERS BEYOND LANDLORD'S REASONABLE CONTROL, AND SUBJECT TO
ALL OTHER TERMS OF THIS ARTICLE 11, RESTORE THE BASE BUILDING AND SUCH COMMON
AREAS.
SUCH RESTORATION SHALL BE TO SUBSTANTIALLY THE SAME CONDITION OF THE
BASE BUILDING AND THE COMMON AREAS PRIOR TO THE CASUALTY, EXCEPT FOR
MODIFICATIONS REQUIRED BY ZONING AND BUILDING CODES AND OTHER LAWS OR BY THE
HOLDER OF A MORTGAGE ON THE BUILDING OR PROJECT OR ANY OTHER MODIFICATIONS TO
THE COMMON AREAS DEEMED DESIRABLE BY LANDLORD, PROVIDED THAT ACCESS TO THE
PREMISES AND ANY COMMON RESTROOMS SERVING THE PREMISES SHALL NOT BE MATERIALLY
IMPAIRED.
UPON THE OCCURRENCE OF ANY DAMAGE TO THE PREMISES, UPON NOTICE (THE
"LANDLORD REPAIR NOTICE") TO TENANT FROM LANDLORD, TENANT SHALL ASSIGN TO
LANDLORD (OR TO ANY PARTY DESIGNATED BY LANDLORD) ALL APPLICABLE INSURANCE
PROCEEDS PAYABLE TO TENANT UNDER TENANT'S INSURANCE REQUIRED UNDER SECTION 10.3
OF THIS LEASE, AND LANDLORD SHALL REPAIR ANY INJURY OR DAMAGE TO THE
IMPROVEMENTS AND THE ORIGINAL IMPROVEMENTS INSTALLED IN THE PREMISES AND SHALL
RETURN SUCH IMPROVEMENTS AND ORIGINAL IMPROVEMENTS TO THEIR ORIGINAL CONDITION;
PROVIDED THAT IF THE COST OF SUCH REPAIR BY LANDLORD EXCEEDS THE AMOUNT OF
INSURANCE PROCEEDS RECEIVED BY LANDLORD FROM TENANT'S INSURANCE CARRIER, AS
ASSIGNED BY TENANT, THE COST OF SUCH REPAIRS SHALL BE PAID BY TENANT TO LANDLORD
PRIOR TO LANDLORD'S COMMENCEMENT OF REPAIR OF THE DAMAGE.
IN THE EVENT THAT
LANDLORD DOES NOT DELIVER THE LANDLORD REPAIR NOTICE WITHIN SIXTY (60) DAYS
FOLLOWING THE DATE THE CASUALTY BECOMES KNOWN TO LANDLORD, TENANT SHALL, AT ITS
SOLE COST