IMPROVEMENTS,
AND LANDLORD SHALL NOT BE LIABLE FOR INJURY TO TENANT'S BUSINESS OR ANY LOSS OF
INCOME THEREFROM RELATIVE TO SUCH DAMAGE, SUBJECT TO THE OTHER PROVISIONS OF
THIS LEASE. TENANT AT TENANT'S COST SHALL CARRY SUCH INSURANCE AS TENANT DESIRES
FOR PROTECTION WITH RESPECT TO PERSONAL PROPERTY OF TENANT OR BUSINESS
INTERRUPTION.
(D)
IN EACH INSTANCE WHERE INSURANCE IS TO NAME
LANDLORD AS AN ADDITIONAL INSURED, TENANT SHALL UPON WRITTEN REQUEST OF LANDLORD
ALSO DESIGNATE AND FURNISH CERTIFICATES SO EVIDENCING LANDLORD AS ADDITIONAL
INSURED TO:
(I) ANY LENDER OF LANDLORD HOLDING A SECURITY INTEREST IN THE
PROJECT OR ANY PORTION THEREOF, (II) THE LANDLORD UNDER ANY LEASE WHEREIN
LANDLORD IS TENANT OF THE REAL PROPERTY ON WHICH THE BUILDING IS LOCATED, IF THE
INTEREST OF LANDLORD IS OR SHALL BECOME THAT OF A TENANT UNDER A GROUND OR OTHER
UNDERLYING LEASE RATHER THAN THAT OF A FEE OWNER, AND/OR (III) ANY MANAGEMENT
COMPANY RETAINED BY LANDLORD TO MANAGE THE PROJECT.
(E)
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS LEASE, LANDLORD AND TENANT EACH HEREBY WAIVE ANY AND ALL RIGHTS OF RECOVERY
AGAINST THE OTHER OR AGAINST OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
REPRESENTATIVES OF THE OTHER, ON ACCOUNT OF LOSS OR DAMAGE OCCASIONED TO SUCH
WAIVING PARTY OR ITS PROPERTY OR THE PROPERTY OF OTHERS UNDER THE CONTROL OF THE
WAIVING PARTY THAT IS CAUSED BY OR RESULTS FROM A RISK WHICH IS ACTUALLY OR
REQUIRED TO BE INSURED AGAINST UNDER THIS LEASE WITHOUT REGARD TO THE NEGLIGENCE
OR WILLFUL MISCONDUCT OF THE ENTITY SO RELEASED. THE PROPERTY INSURANCE OBTAINED
BY LANDLORD AND TENANT SHALL INCLUDE THE FOREGOING WAIVER OF SUBROGATION BY THE
INSURERS AND ALL RIGHTS BASED UPON AN ASSIGNMENT FROM ITS INSURED, AGAINST
LANDLORD OR TENANT, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
MANAGERS, AGENTS, INVITEES AND CONTRACTORS ("RELATED PARTIES"), IN CONNECTION
WITH ANY LOSS OR DAMAGE THEREBY INSURED AGAINST, WHICH SHALL NOT BE MODIFIED OR
TERMINATED WITHOUT PRIOR WRITTEN NOTICE TO THE OTHER PARTY AS SET FORTH BELOW.
NEITHER PARTY NOR ITS RESPECTIVE RELATED PARTIES SHALL BE LIABLE TO THE OTHER
FOR LOSS OR DAMAGE CAUSED BY ANY RISK INSURED AGAINST UNDER PROPERTY INSURANCE
REQUIRED TO BE MAINTAINED HEREUNDER, AND EACH PARTY WAIVES ANY CLAIMS AGAINST
THE OTHER PARTY, AND ITS RESPECTIVE RELATED PARTIES, FOR SUCH LOSS OR DAMAGE.
THE FAILURE OF A PARTY TO INSURE ITS PROPERTY SHALL NOT VOID THIS WAIVER. SUCH
WAIVERS SHALL CONTINUE AS LONG AS THE PARTIES' RESPECTIVE INSURERS SO PERMIT.
ANY TERMINATION OF SUCH A WAIVER SHALL BE BY WRITTEN NOTICE OF CIRCUMSTANCES AS
HEREINAFTER SET FORTH. LANDLORD AND TENANT UPON OBTAINING THE POLICIES OF
INSURANCE REQUIRED OR PERMITTED UNDER THIS LEASE SHALL GIVE NOTICE TO THE
INSURANCE CARRIER OR CARRIERS THAT THE FOREGOING MUTUAL WAIVER OF SUBROGATION IS
CONTAINED IN THIS LEASE. IF SUCH POLICIES SHALL NOT BE OBTAINABLE WITH SUCH
WAIVER OR SHALL BE SO OBTAINABLE ONLY AT A PREMIUM OVER THAT CHARGEABLE WITHOUT
SUCH WAIVER, THE PARTY SEEKING SUCH POLICY SHALL NOTIFY THE OTHER THEREOF, AND
THE LATTER SHALL