DEEMED APPROPRIATE BY
LANDLORD OR REQUIRED BY LANDLORD'S LENDER.
ALL OF THE COVERAGES DESCRIBED IN
(A) THROUGH (D) SHALL BE DETERMINED FROM TIME TO TIME BY LANDLORD, IN ITS SOLE
DISCRETION.
ALL INSURANCE MAINTAINED BY LANDLORD SHALL BE IN ADDITION TO AND
NOT IN LIEU OF THE INSURANCE REQUIRED TO BE MAINTAINED BY THE TENANT.
10.2.
INSURANCE TO BE MAINTAINED BY TENANT.
TENANT SHALL PURCHASE, AT ITS
OWN EXPENSE, AND KEEP IN FORCE AT ALL TIMES DURING THIS LEASE THE POLICIES OF
INSURANCE, OR SUBSTANTIALLY SIMILAR POLICIES OF INSURANCE AS THOSE, TENANT
CURRENTLY MAINTAINS AS OF THE COMMENCEMENT DATE WITH RESPECT TO THE PREMISES AND
PROPERTY (COLLECTIVELY, "TENANT'S POLICIES").
CERTIFICATES REFLECTING SUCH
TENANT'S POLICIES ARE SET FORTH ON EXHIBIT C ATTACHED HERETO.
10.3.
WAIVER OF SUBROGATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS LEASE, LANDLORD AND TENANT MUTUALLY WAIVE THEIR RESPECTIVE RIGHTS OF
RECOVERY AGAINST EACH OTHER AND EACH OTHER'S OFFICERS, DIRECTORS, CONSTITUENT
PARTNERS, MEMBERS, AGENTS AND EMPLOYEES, AND TENANT FURTHER WAIVES SUCH RIGHTS
AGAINST (A) EACH LESSOR UNDER ANY GROUND OR UNDERLYING LEASE ENCUMBERING THE
PROPERTY AND (B) EACH LENDER UNDER ANY MORTGAGE OR DEED OF TRUST OR OTHER LIEN
ENCUMBERING THE PROPERTY (OR ANY PORTION THEREOF OR INTEREST THEREIN), TO THE
EXTENT ANY LOSS IS INSURED AGAINST OR REQUIRED TO BE INSURED AGAINST UNDER THIS
LEASE, INCLUDING, BUT NOT LIMITED TO, LOSSES, DEDUCTIBLES OR SELF-INSURED
RETENTIONS COVERED BY LANDLORD'S OR TENANT'S COMMERCIAL PROPERTY, GENERAL
LIABILITY, AUTOMOBILE LIABILITY OR WORKERS' COMPENSATION POLICIES DESCRIBED
ABOVE.
THIS PROVISION IS INTENDED TO WAIVE, FULLY AND FOR THE BENEFIT OF EACH
PARTY TO THIS LEASE, ANY AND ALL RIGHTS AND CLAIMS THAT MIGHT GIVE RISE TO A
RIGHT OF SUBROGATION BY ANY INSURANCE CARRIER.
EACH PARTY SHALL CAUSE ITS
RESPECTIVE INSURANCE POLICY(IES) TO BE ENDORSED TO EVIDENCE COMPLIANCE WITH SUCH
WAIVER.
9
11.
ALTERATIONS.
TENANT MAY, FROM TIME TO TIME, AT ITS EXPENSE, MAKE
ALTERATIONS OR IMPROVEMENTS IN AND TO THE PREMISES (HEREINAFTER COLLECTIVELY
REFERRED TO AS "ALTERATIONS"), PROVIDED THAT TENANT FIRST OBTAINS THE WRITTEN
CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD,
CONDITIONED OR DELAYED.
LANDLORD'S CONSENT SHALL NOT BE REQUIRED FOR
ALTERATIONS THAT (I) ARE NOT STRUCTURAL IN NATURE, (II) ARE NOT VISIBLE FROM THE
EXTERIOR OF THE BUILDING, (III) DO NOT AFFECT OR REQUIRE MODIFICATION OF THE
BUILDING'S ELECTRICAL, MECHANICAL, PLUMBING, HVAC OR OTHER SYSTEMS, AND (IV) DO
NOT COST MORE THAN $10,000, COLLECTIVELY, DURING ANY TWELVE (12) MONTH PERIOD.
ALL OF THE FOLLOWING SHALL APPLY WITH RESPECT TO ALL ALTERATIONS: (A) THE
ALTERATIONS ARE NON-STRUCTURAL AND THE STRUCTURAL INTEGRITY OF THE PROPERTY
SHALL NOT BE AFFECTED; (B) THE ALTERATIONS ARE TO THE INTERIOR OF THE PREMISES;
(C) THE PROPER FUNCTIONING OF THE MECHANICAL, ELECTRICAL, HEATING, VENTILATING,
AIR-CONDITIONING ("HVAC"), SANITARY AND OTHER SERVICE SYSTEMS OF THE PROPERTY
SHALL NOT BE AFFECTED; AND (D) TENANT SHALL HAVE APPROPRIATE INSURANCE COVERAGE,
REASONABLY SATISFACTORY TO LANDLORD, REGARDING THE PERFORMANCE AND INSTALLATION
OF THE ALTERATIONS.
ADDITIONALLY, BEFORE PROCEEDING WITH ANY ALTERATIONS,
TENANT SHALL (I) AT TENANT'S EXPENSE, OBTAIN ALL NECESSARY GOVERNMENTAL