WAIVER OF ANY RIGHT OF
SUBROGATION AGAINST TENANT, ITS AGENTS, EMPLOYEES, AND REPRESENTATIVES WHICH
MIGHT ARISE FOR ANY REASON; (II) COMMERCIAL GENERAL LIABILITY INSURANCE TO
INCLUDE PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE LIABILITY (WITH A
BROADENING ENDORSEMENT), PREMISES/OPERATIONS, BLANKET CONTRACTUAL LIABILITY, IN
LIMITS NOT LESS THAN THREE MILLION DOLLARS ($3,000,000.00) PER OCCURRENCE; THE
LIMIT CAN BE SATISFIED THROUGH A COMBINATION OF A PRIMARY GENERAL LIABILITY
POLICY AND AN UMBRELLA LIABILITY POLICY; (IV) IF LANDLORD HAS ANY EMPLOYEES
WORKERS' COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW; AND (V) RENTAL
INTERRUPTION INSURANCE IN AMOUNTS AT LEAST EQUAL TO ONE YEAR OF BASE RENT AND
ADDITIONAL RENT UNDER THIS LEASE.
5.1.5
TENANT SIGNAGE.
TO ALLOW TENANT, AT ITS SOLE COST AND EXPENSE,
SUBJECT TO TENANT OBTAINING ALL GOVERNMENTAL PERMITS AND APPROVALS AND
LANDLORD'S APPROVAL (NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED) OF
THE DESIGN THEREOF, TO INSTALL TENANT SIGNAGE (INCLUDING TENANT'S CORPORATE NAME
AND LOGO) IN TWO LOCATIONS ON THE EXTERIOR OF THE BUILDING
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and on a new monument sign.
Tenant shall remove any of its signage at the
expiration or termination of this Lease.
5.1.6
QUIET ENJOYMENT.
THAT LANDLORD HAS THE RIGHT TO MAKE THIS LEASE
AND THAT TENANT PROVIDED TENANT IS NOT IN DEFAULT FOLLOWING ANY NOTICE AND ANY
OPPORTUNITY TO CURE EXPRESSLY PROVIDED FOR HEREIN SHALL PEACEFULLY AND QUIETLY
HAVE, HOLD AND ENJOY THE PREMISES THROUGHOUT THE TERM WITHOUT ANY MANNER OF
HINDRANCE OR MOLESTATION FROM LANDLORD OR ANYONE CLAIMING UNDER LANDLORD,
SUBJECT HOWEVER TO ALL THE TERMS AND PROVISIONS HEREOF.
5.1.7
LANDLORD'S INDEMNITY.
TO DEFEND, WITH COUNSEL REASONABLY APPROVED
BY TENANT, ALL ACTIONS AGAINST TENANT, ANY PARTNER, MEMBER, TRUSTEE,
STOCKHOLDER, OFFICER, DIRECTOR, EMPLOYEE OR BENEFICIARY OF TENANT ("TENANT
INDEMNIFIED PARTIES") WITH RESPECT TO, AND TO PAY, PROTECT, INDEMNIFY AND SAVE
HARMLESS, TO THE EXTENT PERMITTED BY LAW, ALL INDEMNIFIED PARTIES FROM AND
AGAINST, ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES), CAUSES OF ACTION, SUITS, CLAIMS,
DEMANDS OR JUDGMENTS OF ANY NATURE ARISING FROM THE NEGLIGENCE OR WILLFUL
MISCONDUCT OF LANDLORD, ITS AGENTS, EMPLOYEES, INVITEES OR CONTRACTORS.
5.1.8
LANDLORD WAIVERS.
LANDLORD AGREES FROM TIME TO TIME TO EXECUTE AND
DELIVER TO LENDERS PROVIDING FINANCING ON TENANT'S EQUIPMENT AND TRADE FIXTURES,
COMMERCIALLY REASONABLE FORMS OF SO-CALLED "LANDLORD'S WAIVERS," OR SIMILAR
DOCUMENTS WAIVING ANY LANDLORD'S LIEN ON SUCH EQUIPMENT AND TRADE FIXTURES WHICH
ARE PLEDGED TO SUCH LENDERS AS COLLATERAL.
TENANT SHALL REIMBURSE LANDLORD FOR
ITS REASONABLE LEGAL AND OTHER OUT OF POCKET EXPENSES IN CONNECTION WITH ANY
REQUEST FOR LANDLORD TO EXECUTE ANY SUCH DOCUMENT.
5.2
INTERRUPTIONS.
Landlord shall not be liable to Tenant for any compensation or reduction of rent
by reason of inconvenience or annoyance or for loss of business arising from
power losses or shortages or from the necessity of Landlord's entering the
Premises for any of the purposes in this Lease authorized, or for repairing the
Premises or any portion of the Building, the Lot, or any common facilities
appurtenant thereto.
In case Landlord is prevented