BE INVESTIGATED ALL DAMAGE TO OR DESTRUCTION OF THE
LEASED PROPERTY, AS IT BECOMES KNOWN TO LESSEE, AND SHALL REPORT TO LESSOR ANY
SUCH INCIDENT THAT APPEARS TO REQUIRE REPAIR EXPENDITURES OF GREATER THAN
$5,000, TOGETHER WITH THE ESTIMATED COST OF REPAIR THEREOF;
(C)
PREPARE ANY AND ALL REPORTS REQUIRED BY ANY INSURANCE COMPANY AS
THE RESULT OF AN INCIDENT MENTIONED IN THIS SECTION 13.6, ACTING AS THE SOLE
AGENT FOR ALL OTHER NAMED INSUREDS, ADDITIONAL INSUREDS, MORTGAGEES, AND LOSS
PAYEES; AND
(D)
RETAIN ON BEHALF OF LESSEE ALL CONSULTANTS AND EXPERTS, INCLUDING
ARCHITECTS, ENGINEERS, CONTRACTORS, ACCOUNTANTS, AND ATTORNEYS, AS NEEDED, AND
AT LESSEE'S EXPENSE, TO ASSIST IN ANALYZING ANY LOSS OR DAMAGE, DETERMINING THE
NATURE AND COST OF REPAIR, AND PREPARING AND PRESENTING ANY PROOFS OF LOSS OR
CLAIMS TO ANY INSURERS (WITH LESSOR'S PRIOR WRITTEN CONSENT IN THE EVENT THAT
THE TOTAL COST EXCEEDS $15,000).
34
13.7
REVIEW OF INSURANCE.
ALL INSURANCE POLICY LIMITS PROVIDED PURSUANT
TO THIS ARTICLE XIII SHALL BE REVIEWED BY THE LESSEE AND LESSOR EVERY YEAR
FOLLOWING THE COMMENCEMENT DATE, OR SOONER IF REASONABLY REQUESTED BY LESSEE, TO
DETERMINE THE SUITABILITY OF SUCH INSURANCE LIMITS IN VIEW OF EXPOSURES
REASONABLY ANTICIPATED OVER THE ENSUING THREE (3) YEARS.
LESSEE AND LESSOR
HEREBY ACKNOWLEDGE THAT CHANGING PRACTICES IN THE INSURANCE INDUSTRY AND CHANGES
IN THE LOCAL LAW AND CUSTOM MAY NECESSITATE CHANGES OR ADDITIONS TO TYPES OR
AMOUNTS OF COVERAGE DURING THE TERM OF THIS LEASE.
LESSOR AGREES TO COMPLY WITH
ANY OTHER INSURANCE REQUIREMENTS LESSEE REASONABLY REQUESTS IN ORDER TO PROTECT
THE LEASED PROPERTY AND THE RESPECTIVE INTERESTS OF LESSEE AND LESSOR.
ARTICLE XIV
DAMAGE AND RECONSTRUCTION
14.1
INSURANCE PROCEEDS.
IF DURING THE TERM THE LEASED PROPERTY IS
PARTIALLY DESTROYED BY A RISK COVERED BY THE INSURANCE DESCRIBED IN
ARTICLE XIII, BUT THE FACILITY IS NOT THEREBY RENDERED UNSUITABLE FOR ITS
PRIMARY INTENDED USE OR UNECONOMIC FOR ITS PRIMARY INTENDED USE, LESSOR OR, AT
THE ELECTION OF LESSOR, LESSEE SHALL, IF INSURANCE PROCEEDS ARE MADE AVAILABLE
BY THE HOLDER, IF ANY, OF THE LEASED PROPERTY, RESTORE THE FACILITY AT LESSOR'S
COST TO SUBSTANTIALLY THE SAME CONDITION AS EXISTED IMMEDIATELY BEFORE THE
DAMAGE OR DESTRUCTION AND OTHERWISE IN ACCORDANCE WITH THE TERMS OF THE LEASE,
AND THIS LEASE SHALL NOT TERMINATE AS A RESULT OF SUCH DAMAGE OR DESTRUCTION.
IF LESSEE RESTORES THE FACILITY, THE INSURANCE PROCEEDS SHALL BE PAID OUT BY
LESSOR FROM TIME TO TIME FOR THE REASONABLE COSTS OF SUCH RESTORATION UPON
SATISFACTION OF TERMS AND CONDITIONS SPECIFIED BY LESSOR, AND ANY EXCESS
PROCEEDS REMAINING AFTER SUCH RESTORATION SHALL BE PAID TO LESSOR EXCEPT FOR ANY
AMOUNT THEREOF PAID WITH RESPECT TO LESSEE'S PERSONAL PROPERTY.
IF THE
INSURANCE PROCEEDS ARE NOT ADEQUATE TO COMPLETE SUCH RESTORATION AND LESSOR
REBUILDS, LESSOR SHALL FUND ALL SUCH EXCESS COSTS.
14.2
NO ABATEMENT OF RENT.
ANY DAMAGE OR DESTRUCTION DUE TO CASUALTY
NOTWITHSTANDING, THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, AND LESSEE'S
OBLIGATION TO MAKE RENTAL PAYMENTS AND TO PAY ALL OTHER CHARGES REQUIRED