DEFENDANT IN ANY SUIT BROUGHT
AGAINST TENANT IN CONNECTION WITH OR ARISING OUT OF TENANT'S OCCUPANCY OF THE
PREMISES AND SUBJECT TO THE INDEMNIFICATION PROVISION HEREINABOVE, TENANT SHALL
PAY TO LANDLORD ITS COSTS AND EXPENSES INCURRED IN SUCH SUIT, INCLUDING WITHOUT
LIMITATION, ITS ACTUAL PROFESSIONAL FEES SUCH AS APPRAISERS', ACCOUNTANTS' AND
ATTORNEYS' FEES.
FURTHER, TENANT'S AGREEMENT TO INDEMNIFY LANDLORD PURSUANT TO
THIS SECTION 10.1 IS NOT INTENDED AND SHALL NOT RELIEVE ANY INSURANCE CARRIER OF
ITS OBLIGATIONS UNDER POLICIES REQUIRED TO BE CARRIED BY TENANT OR LANDLORD
PURSUANT TO THE PROVISIONS OF THIS LEASE, TO THE EXTENT SUCH POLICIES COVER THE
MATTERS SUBJECT TO TENANT'S INDEMNIFICATION OBLIGATIONS; NOR SHALL THEY
SUPERSEDE ANY INCONSISTENT AGREEMENT OF THE PARTIES SET FORTH IN ANY OTHER
PROVISION OF THIS LEASE.
THE PROVISIONS OF THIS SECTION 10.1 SHALL SURVIVE THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE WITH RESPECT TO ANY CLAIMS OR
LIABILITY ARISING IN CONNECTION WITH ANY EVENT OCCURRING PRIOR TO SUCH
EXPIRATION OR TERMINATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
IN THIS LEASE, NOTHING IN THIS LEASE SHALL IMPOSE ANY OBLIGATIONS ON TENANT OR
LANDLORD TO BE RESPONSIBLE OR LIABLE FOR, AND EACH HEREBY RELEASES THE OTHER
FROM ALL LIABILITY FOR, CONSEQUENTIAL DAMAGES OTHER THAN THOSE CONSEQUENTIAL
DAMAGES INCURRED BY LANDLORD IN CONNECTION WITH A HOLDOVER OF THE PREMISES BY
TENANT AFTER THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
10.2
LANDLORD'S FIRE, CASUALTY AND LIABILITY
INSURANCE.
LANDLORD SHALL CARRY COMMERCIAL GENERAL LIABILITY INSURANCE WITH
RESPECT TO THE PROJECT AND BUILDING DURING THE LEASE TERM, SHALL FURTHER INSURE
THE PROJECT AND BUILDING STRUCTURE DURING THE LEASE TERM AGAINST LOSS OR DAMAGE
DUE TO FIRE AND OTHER CASUALTIES COVERED WITHIN THE CLASSIFICATION OF FIRE AND
EXTENDED COVERAGE, VANDALISM COVERAGE AND MALICIOUS MISCHIEF, SPRINKLER LEAKAGE,
WATER DAMAGE AND SPECIAL EXTENDED COVERAGE, AS WELL AS FLOOD DAMAGE AND
ADDITIONAL HAZARDS, AND SHALL FURTHER CARRY RENTAL INTERRUPTION COVERAGE FOR A
PERIOD OF ONE YEAR.
SUCH COVERAGE SHALL BE IN SUCH AMOUNTS, FROM SUCH
COMPANIES, AND ON SUCH OTHER TERMS AND CONDITIONS, AS LANDLORD MAY FROM TIME TO
TIME REASONABLY DETERMINE; PROVIDED, HOWEVER, SUCH COVERAGE SHALL BE FOR THE
FULL REPLACEMENT VALUE OF THE BUILDING STRUCTURE AND THE PROJECT IN COMPLIANCE
WITH ALL THEN-EXISTING APPLICABLE LAWS.
ADDITIONALLY, AT THE OPTION OF
LANDLORD, SUCH INSURANCE COVERAGE MAY INCLUDE THE RISKS OF (I) EARTHQUAKES,
(II) ONE OR MORE LOSS PAYEE ENDORSEMENTS IN FAVOR OF THE HOLDERS OF ANY
MORTGAGES OR DEEDS OF TRUST ENCUMBERING THE INTEREST OF LANDLORD IN THE BUILDING
OR THE GROUND OR UNDERLYING LESSORS OF THE BUILDING, OR ANY PORTION THEREOF, AND
(III) "POLLUTION LEGAL LIABILITY ENVIRONMENTAL INSURANCE," AS THAT TERM IS SET
FORTH BELOW; PROVIDED, HOWEVER, THAT TO THE EXTENT TENANT IS NOT IN DEFAULT OF
THIS LEASE (BEYOND ANY APPLICABLE NOTICE AND CURE PERIODS), TENANT SHALL HAVE
THE OPTION, UPON THIRTY (30) DAYS WRITTEN NOTICE TO LANDLORD, TO ITSELF CARRY
SUCH
30
POLLUTION LEGAL LIABILITY ENVIRONMENTAL INSURANCE IN LIEU OF LANDLORD CARRYING
SUCH INSURANCE; PROVIDED FURTHER, HOWEVER, TO THE EXTENT TENANT ELECTS TO