SEPARATE INSURANCE OR THE INCREASING OF ANY OF THE AMOUNTS OF
THE EXISTING INSURANCE BY SECURING AN ADDITIONAL POLICY OR ADDITIONAL POLICIES.
5.07
WAIVER OF SUBROGATION.
EACH PARTY HERETO HEREBY WAIVES ANY AND
EVERY CLAIM THAT ARISES OR MAY ARISE IN ITS FAVOR AND AGAINST THE OTHER PARTY
HERETO DURING THE TERM OR ANY EXTENSION OR RENEWAL THEREOF, FOR ANY AND ALL LOSS
OF OR DAMAGE TO, ANY OF ITS PROPERTY LOCATED WITHIN OR UPON, OR CONSTITUTING A
PART OF, THE LEASED PROPERTY, WHICH LOSS OR DAMAGE IS COVERED (OR, UNDER THE
TERMS OF THIS LEASE AGREEMENT, SHOULD HAVE BEEN COVERED) BY VALID AND
COLLECTIBLE INSURANCE POLICIES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS
RECOVERABLE UNDER SUCH POLICIES.
THIS MUTUAL WAIVER SHALL BE IN ADDITION TO,
AND NOT IN LIMITATION OR DEROGATION OF ANY OTHER WAIVER OR RELEASE CONTAINED IN
THIS LEASE AGREEMENT WITH RESPECT TO ANY LOSS OR DAMAGE TO PROPERTY OF THE
PARTIES HERETO.
INASMUCH AS SUCH WAIVERS WILL PRECLUDE THE ASSIGNMENT OF ANY
SUCH CLAIM BY WAY OF SUBROGATION (OR OTHERWISE) TO AN INSURANCE COMPANY (OR ANY
OTHER PERSON), EACH PARTY HERETO AGREES IMMEDIATELY TO GIVE EACH INSURANCE
COMPANY WHICH HAS ISSUED TO IT POLICIES OF INSURANCE, WRITTEN NOTICE OF THE
TERMS OF SUCH MUTUAL WAIVERS, AND TO HAVE SUCH INSURANCE POLICIES PROPERLY
ENDORSED, IF NECESSARY, TO PREVENT THE INVALIDATION OF SUCH INSURANCE COVERAGE
BY REASON OF SUCH WAIVERS.
5.08
MORTGAGES.
THE FOLLOWING PROVISIONS SHALL APPLY IF LANDLORD NOW OR
HEREAFTER PLACES A MORTGAGE ON THE LEASED PROPERTY OR ANY PART THEREOF AND IF
REQUESTED BY LANDLORD IN WRITING: (I) TENANT SHALL OBTAIN A STANDARD FORM OF
MORTGAGEE CLAUSE INSURING THE INTEREST OF THE MORTGAGEE; (II) TENANT SHALL
DELIVER EVIDENCE OF INSURANCE TO SUCH MORTGAGEE; AND (III) TENANT SHALL PROVIDE
SUCH OTHER INFORMATION AND DOCUMENTS AS MAY BE REASONABLY REQUIRED BY THE
MORTGAGEE.
ARTICLE VI
INDEMNITY; HAZARDOUS SUBSTANCES; DANGEROUS CONDITIONS
6.01
TENANT'S INDEMNIFICATION.
SUBJECT TO SECTION 5.07 AND OTHER THAN
FOR CIRCUMSTANCES INVOLVING LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,
TENANT SHALL INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS LANDLORD, ITS AGENTS,
PARTNERS, MANAGERS AND EMPLOYEES OF, FROM AND AGAINST ANY AND ALL DEMANDS,
CLAIMS, CAUSES OF ACTION, FINES, PENALTIES, DAMAGES, LOSSES, LIABILITIES
(INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY), JUDGMENTS, AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES, COURT
COSTS, AND THE COSTS SET FORTH IN SECTION 10.06 INCURRED IN CONNECTION WITH OR
ARISING FROM ANY OF THE FOLLOWING: (A) THE USE, CONDITION, OPERATION OR
OCCUPANCY OF THE LEASED PROPERTY; (B) ANY ACTIVITY,
16
WORK, OR THING DONE, OR PERMITTED OR SUFFERED BY OR THROUGH TENANT IN OR ABOUT
THE LEASED PROPERTY; (C) ANY ACTS, OMISSIONS, OR NEGLIGENCE OF TENANT OR ANY
PERSON CLAIMING UNDER TENANT, OR THE CONTRACTORS, AGENTS, EMPLOYEES, INVITEES OR
VISITORS OF TENANT OR ANY SUCH PERSON; (D) ANY CLAIM OF ANY PERSON INCARCERATED,
HELD OR DETAINED IN THE LEASED PROPERTY, INCLUDING CLAIMS ALLEGING BREACH OR
VIOLATION OF SUCH PERSON'S CIVIL OR LEGAL RIGHTS; (E) ANY BREACH, VIOLATION, OR
NONPERFORMANCE