CARRY, WITH FULL WAIVER OF SUBROGATION
WITH RESPECT THERETO.
IN THE EVENT TENANT SHALL FAIL TO PROCURE SUCH INSURANCE,
OR TO DELIVER SUCH POLICIES OR CERTIFICATE, LANDLORD MAY, AFTER DELIVERY OF
FIVE (5) BUSINESS DAYS' NOTICE TO TENANT, AT LANDLORD'S OPTION, PROCURE SUCH
POLICIES FOR THE ACCOUNT OF TENANT, AND THE REASONABLE COST THEREOF SHALL BE
PAID TO LANDLORD WITHIN FIVE (5) DAYS AFTER DELIVERY TO TENANT OF BILLS
THEREFOR.
10.5
SUBROGATION.
LANDLORD AND TENANT INTEND THAT
THEIR RESPECTIVE PROPERTY LOSS RISKS SHALL BE BORNE BY REASONABLE INSURANCE
CARRIERS TO THE EXTENT ABOVE PROVIDED, AND LANDLORD AND TENANT HEREBY AGREE TO
LOOK SOLELY TO, AND SEEK RECOVERY ONLY FROM, THEIR RESPECTIVE INSURANCE CARRIERS
IN THE EVENT OF A PROPERTY LOSS TO THE EXTENT THAT
19
SUCH COVERAGE IS AGREED TO BE PROVIDED HEREUNDER.
THE PARTIES EACH HEREBY WAIVE
ALL RIGHTS AND CLAIMS AGAINST EACH OTHER FOR SUCH LOSSES, AND WAIVE ALL RIGHTS
OF SUBROGATION OF THEIR RESPECTIVE INSURERS, PROVIDED SUCH WAIVER OF SUBROGATION
SHALL NOT AFFECT THE RIGHT TO THE INSURED TO RECOVER THEREUNDER.
THE PARTIES
AGREE THAT THEIR RESPECTIVE INSURANCE POLICIES ARE NOW, OR SHALL BE, ENDORSED
SUCH THAT THE WAIVER OF SUBROGATION SHALL NOT AFFECT THE RIGHT OF THE INSURED TO
RECOVER THEREUNDER, SO LONG AS NO MATERIAL ADDITIONAL PREMIUM IS CHARGED
THEREFOR.
10.6
ADDITIONAL INSURANCE OBLIGATIONS.
TENANT SHALL
CARRY AND MAINTAIN DURING THE ENTIRE LEASE TERM, AT TENANT'S SOLE COST AND
EXPENSE, INCREASED AMOUNTS OF THE INSURANCE REQUIRED TO BE CARRIED BY TENANT
PURSUANT TO THIS ARTICLE 10 AND SUCH OTHER REASONABLE TYPES OF INSURANCE
COVERAGE AND IN SUCH REASONABLE AMOUNTS COVERING THE PREMISES AND TENANT'S
OPERATIONS THEREIN, AS MAY BE REASONABLY REQUESTED BY LANDLORD.
NOTWITHSTANDING
ANY PROVISIONS OF THIS LEASE TO THE CONTRARY, THE OBLIGATIONS OF TENANT TO
PROVIDE INCREASED OR NEW INSURANCE HEREUNDER SHALL BE LIMITED TO THE EXTENT THE
SAME IS (I) THEN CUSTOMARILY REQUIRED BY LANDLORDS OF COMPARABLE BUILDINGS IN
CONNECTION WITH COMPARABLE TENANTS OCCUPYING COMPARABLE SIZED PREMISES AND (II)
REASONABLY AVAILABLE FOR PURCHASE BY TENANT AT A COMMERCIALLY REASONABLE COST.
ARTICLE 11
DAMAGE AND DESTRUCTION
11.1
REPAIR OF DAMAGE TO PREMISES BY LANDLORD.
TENANT
SHALL PROMPTLY NOTIFY LANDLORD OF ANY DAMAGE TO THE PREMISES RESULTING FROM FIRE
OR ANY OTHER CASUALTY.
IF THE PREMISES OR ANY COMMON AREAS SERVING OR PROVIDING
ACCESS TO THE PREMISES SHALL BE DAMAGED BY FIRE OR OTHER CASUALTY, LANDLORD
SHALL PROMPTLY AND DILIGENTLY, SUBJECT TO REASONABLE DELAYS FOR INSURANCE
ADJUSTMENT OR OTHER MATTERS BEYOND LANDLORD'S REASONABLE CONTROL, AND SUBJECT TO
ALL OTHER TERMS OF THIS ARTICLE 11, RESTORE THE BASE BUILDING, ORIGINAL
IMPROVEMENTS AND ALTERATIONS (SUBJECT TO THE REMAINING TERMS OF THIS
SECTION 11.1), AND SUCH COMMON AREAS.
SUCH RESTORATION SHALL BE TO
SUBSTANTIALLY THE SAME CONDITION OF THE BASE BUILDING, ORIGINAL IMPROVEMENTS AND
ALTERATIONS, AND THE COMMON AREAS PRIOR TO THE CASUALTY (SUBJECT TO THE
REMAINING TERMS OF THIS SECTION 11.1), EXCEPT FOR MODIFICATIONS REQUIRED BY
ZONING AND BUILDING CODES AND OTHER LAWS OR BY THE HOLDER OF A MORTGAGE ON THE
BUILDING OR PROJECT