Parties
(defined below) (and subject to Section 16 which Section 16 shall prevail in
case of a conflict with this Section 14), Landlord shall indemnify, defend and
hold Tenant and Tenant Related Parties harmless against and from all Losses (if
and to the extent permitted by Law), which may be imposed upon, incurred by or
asserted against Tenant or any of the Tenant Related Parties by any third party
but only to the extent arising out of or in connection with any negligence or
willful misconduct (including violations of Law) of Landlord and Landlord
Related Parties.
22
15.
TENANT'S INSURANCE.
Tenant shall maintain the following coverages in the following amounts:
15.01
COMMERCIAL GENERAL LIABILITY INSURANCE COVERING
CLAIMS OF BODILY INJURY, PERSONAL INJURY AND PROPERTY DAMAGE ARISING OUT OF
TENANT'S OPERATIONS AND CONTRACTUAL LIABILITIES, ON AN OCCURRENCE BASIS, WITH
MINIMUM PRIMARY LIMITS OF $1,000,000 EACH OCCURRENCE AND $2,000,000 ANNUAL
AGGREGATE (AND NOT MORE THAN $25,000 SELF-INSURED RETENTION) AND A MINIMUM
EXCESS/UMBRELLA LIMIT OF $2,000,000.
15.02
PROPERTY INSURANCE COVERING (I) ALL OFFICE
FURNITURE, BUSINESS AND TRADE FIXTURES, OFFICE EQUIPMENT, FREE-STANDING CABINET
WORK, MOVABLE PARTITIONS, MERCHANDISE AND ALL OTHER ITEMS OF TENANT'S PROPERTY
IN THE PREMISES INSTALLED BY, FOR (NOT INCLUDING ANY LANDLORD WORK), OR AT THE
EXPENSE OF TENANT ("TENANT'S PROPERTY"), AND (II) ANY ALTERATIONS (NOT INCLUDING
ANY LANDLORD WORK) ("TENANT-INSURED IMPROVEMENTS").
SUCH INSURANCE SHALL BE
WRITTEN ON AN "ALL RISKS" OF DIRECT PHYSICAL LOSS OR DAMAGE BASIS, FOR THE FULL
REPLACEMENT COST VALUE (SUBJECT TO REASONABLE DEDUCTIBLE AMOUNTS) NEW WITHOUT
DEDUCTION FOR DEPRECIATION OF THE COVERED ITEMS AND IN AMOUNTS THAT MEET ANY
CO-INSURANCE CLAUSES OF THE POLICIES OF INSURANCE, AND SHALL INCLUDE COVERAGE
FOR DAMAGE OR OTHER LOSS CAUSED BY FIRE OR OTHER PERIL, INCLUDING VANDALISM AND
MALICIOUS MISCHIEF, THEFT, WATER DAMAGE, INCLUDING SPRINKLER LEAKAGE, BURSTING
OR STOPPAGE OF PIPES, AND EXPLOSION, AND PROVIDING BUSINESS INTERRUPTION
COVERAGE FOR A PERIOD OF ONE YEAR.
15.03
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY OR
OTHER SIMILAR INSURANCE TO THE EXTENT REQUIRED BY LAW.
15.04
FORM OF POLICIES.
THE MINIMUM LIMITS OF INSURANCE
REQUIRED TO BE CARRIED BY TENANT SHALL NOT LIMIT TENANT'S LIABILITY.
SUCH
INSURANCE SHALL (I) BE ISSUED BY AN INSURANCE COMPANY THAT HAS AN A.M. BEST
RATING OF NOT LESS THAN A-VIII; (II) BE IN FORM AND CONTENT REASONABLY
ACCEPTABLE TO LANDLORD; AND (III) PROVIDE THAT IT SHALL NOT BE CANCELED OR
MATERIALLY CHANGED WITHOUT ENDEAVORING TO PROVIDE 30 DAYS' PRIOR NOTICE TO
LANDLORD, EXCEPT THAT 10 DAYS' PRIOR NOTICE MAY BE GIVEN IN THE CASE OF
NONPAYMENT OF PREMIUMS.
TENANT'S COMMERCIAL GENERAL LIABILITY INSURANCE SHALL
(A) NAME LANDLORD, LANDLORD'S MANAGING AGENT, EOP OPERATING LIMITED PARTNERSHIP,
BLACKHAWK PARENT, LLC, THE 150 FEDERAL STREET CONDOMINIUM ASSOCIATION (THE
"ASSOCIATION") AND ANY AFFILIATE OR MORTGAGEE OF LANDLORD ("ADDITIONAL INSURED
PARTIES") AS ADDITIONAL INSUREDS; AND (B) BE PRIMARY INSURANCE AS TO ALL CLAIMS
THEREUNDER AND PROVIDE THAT ANY INSURANCE CARRIED BY LANDLORD IS EXCESS AND
NON-CONTRIBUTING WITH TENANT'S INSURANCE.
TENANT SHALL DELIVER TO LANDLORD, ON
OR BEFORE THE COMMENCEMENT DATE AND NOT LATER THAN 5