LANDLORD AND LANDLORD'S AGENTS TO ENTER THE
PREMISES AT ALL REASONABLE TIMES, UPON REASONABLE ADVANCE NOTICE (EXCEPT IN CASE
OF EMERGENCY IN WHICH CASE NO NOTICE SHALL BE REQUIRED): (I) TO EXAMINE, INSPECT
OR PROTECT THE PREMISES AND THE BUILDING; (II) TO MAKE SUCH ALTERATIONS (USING
COMMERCIALLY REASONABLE EFFORTS NOT TO INTERFERE WITH TENANT'S USE OR ENJOYMENT
OF THE PREMISES OR MATERIALLY ALTERING THE SIZE OR LAYOUT, OR ALTERING THE
USEABLE SQUARE FOOTAGE OF THE PREMISES) AND/OR REPAIRS AS IN THE REASONABLE
JUDGMENT OF LANDLORD MAY BE DEEMED NECESSARY OR DESIRABLE; (III) TO EXHIBIT THE
SAME TO BROKERS, PROSPECTIVE TENANTS (DURING THE LAST 12 MONTHS OF THE TERM) OR
PURCHASERS, LENDERS, AND OTHERS; (IV) IF TENANT VACATES THE PREMISES PRIOR TO
THE EXPIRATION DATE, TO MAKE ALTERATIONS TO OR OTHERWISE PREPARE THE PREMISES
FOR REOCCUPANCY WITHOUT RELIEVING TENANT OF ITS OBLIGATION TO PAY ALL RENT DUE
UNDER THIS LEASE THROUGH THE EXPIRATION DATE; AND (V) IF ANY EXCAVATION OR OTHER
SUBSTRUCTURE WORK SHALL BE MADE OR AUTHORIZED TO BE MADE UPON LAND ADJACENT TO
THE BUILDING OR THE LAND, TO PERFORM SUCH WORK AS IS REQUIRED TO PRESERVE THE
WALLS OF THE BUILDING AND TO PRESERVE THE LAND FROM INJURY OR DAMAGE AND TO
SUPPORT SUCH WALLS AND LAND BY PROPER FOUNDATIONS.
LANDLORD SHALL BE ALLOWED TO
TAKE ALL MATERIAL INTO AND UPON THE PREMISES THAT MAY BE REQUIRED FOR SUCH
REPAIRS OR ALTERATIONS OR OTHERWISE.
EXCEPT IN THE EVENT OF AN EMERGENCY,
LANDLORD SHALL ENDEAVOR TO MINIMIZE DISRUPTION TO TENANT'S NORMAL BUSINESS
OPERATIONS IN THE PREMISES IN CONNECTION WITH ANY SUCH ENTRY.
ANY SUCH ENTRY
PURSUANT TO THIS ARTICLE XII SHALL
F-27
NOT BE DEEMED TO CONSTITUTE AN EVICTION OF TENANT IN WHOLE OR IN PART, AND THE
BASE RENT AND ADDITIONAL RENT PAYABLE UNDER THIS LEASE SHALL NOT ABATE DURING
ANY SUCH ENTRY. LANDLORD SHALL HAVE NO LIABILITY TO TENANT FOR ANY INCONVENIENCE
OR INTERRUPTIONS CAUSED BY THE MAKING OF SUCH REPAIRS OR ALTERATIONS, OR BY SUCH
ENTRY BY LANDLORD OR LANDLORD'S AGENTS PURSUANT TO ANY PROVISION OF THIS LEASE.
NOTHING IN THIS SECTION 12 SHALL BE CONSTRUED TO IMPOSE UPON LANDLORD ANY
GREATER OR ADDITIONAL OBLIGATIONS TO INSPECT, MAINTAIN OR REPAIR THE PREMISES
BEYOND THOSE SPECIFIC OBLIGATIONS EXPRESSLY IMPOSED UPON LANDLORD PURSUANT TO
THIS LEASE.
ARTICLE XIII
INSURANCE
13.1
(A)
THROUGHOUT THE TERM, TENANT SHALL OBTAIN AND MAINTAIN
THE FOLLOWING INSURANCE:
(1)
COMMERCIAL GENERAL LIABILITY INSURANCE (WRITTEN ON AN OCCURRENCE
BASIS) INCLUDING CONTRACTUAL LIABILITY COVERAGE INSURING THE INDEMNITY
OBLIGATIONS ASSUMED BY TENANT UNDER THIS LEASE, PREMISES AND OPERATIONS
COVERAGE, BROAD FORM PROPERTY DAMAGE COVERAGE AND INDEPENDENT CONTRACTORS
COVERAGE, AND CONTAINING AN ENDORSEMENT FOR PERSONAL INJURY, IN MINIMUM AMOUNTS
OF NOT LESS THAN THREE MILLION DOLLARS ($3,000,000) COMBINED SINGLE LIMIT PER
OCCURRENCE, PER LOCATION WITH A FIVE MILLION DOLLAR ($5,000,000) ANNUAL
AGGREGATE;
(2)
ALL-RISK PROPERTY INSURANCE COVERING ALL PERILS AND CONTINGENCIES
AS MAY BE REASONABLY REQUIRED BY LANDLORD OR ITS MORTGAGEE, INCLUDING, IN ALL
EVENTS, COVERAGE FOR FIRE, LIGHTNING, WINDSTORM, HAIL, EXPLOSION, TERRORISM,
VANDALISM AND MALICIOUS MISCHIEF,