IN A
FORFEITURE OF ALL OR PART OF THE PAYMENT OF SUCH LOSS.
SECTION 10.3
WAIVER OF SUBROGATION.
(A)
WAIVER OF SUBROGATION.
EACH OF THE PARTIES HERETO SHALL INCLUDE IN
EACH OF ITS POLICIES INSURING AGAINST LOSS, DAMAGE OR DESTRUCTION BY FIRE OR
OTHER INSURED CASUALTY RELATING TO THE DEMISED PREMISES AND/OR THE COMMON
ELEMENTS A WAIVER OF THE INSURER'S RIGHT OF SUBROGATION AGAINST THE OTHER PARTY
HERETO, OR, IF SUCH WAIVER IS UNOBTAINABLE (I) AN EXPRESS AGREEMENT THAT SUCH
POLICY SHALL NOT BE INVALIDATED IF TENANT WAIVES OR HAS WAIVED BEFORE THE
CASUALTY THE RIGHT OF RECOVERY AGAINST THE OTHER PARTY HERETO OR (II) ANY OTHER
FORM OF PERMISSION FOR THE RELEASE OF THE OTHER PARTY HERETO, PROVIDED SUCH
WAIVER, AGREEMENT OR PERMISSION IS OBTAINABLE UNDER NORMAL COMMERCIAL INSURANCE
PRACTICE AT THE TIME.
IF SUCH WAIVER, AGREEMENT OR PERMISSION SHALL NOT BE, OR
SHALL CEASE TO BE, OBTAINABLE WITHOUT ADDITIONAL CHARGE OR AT ALL, THE PARTY
HERETO SHALL SO NOTIFY THE OTHER PARTY HERETO PROMPTLY AFTER NOTICE THEREOF.
IF
THE OTHER PARTY HERETO SHALL AGREE IN WRITING TO PAY THE INSURER'S ADDITIONAL
CHARGE THEREFOR, SUCH WAIVER, AGREEMENT OR PERMISSION SHALL (IF OBTAINABLE) BE
INCLUDED IN THE POLICY.
(B)
WAIVER OF RIGHT OF RECOVERY.
AS LONG AS THE INSURANCE POLICIES OF
EACH PARTY HERETO INCLUDE THE WAIVER OF SUBROGATION OR AGREEMENT OR PERMISSION
TO RELEASE LIABILITY REFERRED TO IN SECTION 10.3(A) HEREOF, SUCH PARTY, TO THE
EXTENT THAT SUCH INSURANCE IS IN FORCE AND COLLECTIBLE, HEREBY WAIVES, FOR
ITSELF AND THOSE CLAIMING THROUGH AND UNDER IT, ANY RIGHT OF RECOVERY AGAINST
THE OTHER PARTY HERETO AND ITS AGENTS FOR ANY LOSS OCCASIONED BY FIRE OR OTHER
INSURED CASUALTY.
IF AT ANY TIME ANY INSURANCE POLICIES OF ANY PARTY HERETO
SHALL NOT INCLUDE SUCH OR SIMILAR PROVISIONS, THE WAIVERS SET FORTH IN THE
IMMEDIATELY PRECEDING SENTENCE SHALL BE OF NO FURTHER FORCE OR EFFECT.
92
SECTION 10.4
DELIVERY OF POLICIES.
(A)
ORIGINAL POLICIES.
AS OF THE LEASE ASSIGNMENT DATE AND THEREAFTER
NOT LESS THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATES OF THE EXPIRING
POLICIES THERETOFORE FURNISHED PURSUANT TO THIS ARTICLE X, TENANT SHALL DELIVER
TO LANDLORD A CERTIFIED COPY OF THE POLICIES REQUIRED BY THIS ARTICLE X OR
INSURANCE CERTIFICATES (IN FORMS REASONABLY ACCEPTABLE TO LANDLORD) BINDING THE
INSURER CERTIFYING THE ISSUANCE OF SUCH POLICIES, BEARING NOTATIONS EVIDENCING
THE PAYMENT OF PREMIUMS OR ACCOMPANIED BY OTHER EVIDENCE REASONABLY SATISFACTORY
TO LANDLORD OF SUCH PAYMENT, OR CERTIFICATES EVIDENCING SAME.
(B)
INSURER CERTIFICATION.
TENANT SHALL, UPON THE WRITTEN REQUEST OF
LANDLORD, OBTAIN AND DELIVER TO LANDLORD, WITHIN TWENTY (20) BUSINESS DAYS AFTER
THE DATE OF ANY SUCH REQUEST, A WRITTEN CERTIFICATION FROM TENANT'S INSURER OR
INDEPENDENT INSURANCE AGENT DESCRIBING IN REASONABLE DETAIL THE INSURANCE
POLICIES THEN BEING MAINTAINED BY TENANT IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS ARTICLE X.
SECTION 10.5
SEPARATE INSURANCE.
TENANT SHALL NOT
TAKE OUT SEPARATE INSURANCE CONCURRENT IN FORM OR CONTRIBUTING IN THE EVENT OF
LOSS WITH THAT REQUIRED IN THIS ARTICLE X TO BE FURNISHED