CANCELED OR NON-RENEWED WITHOUT AT LEAST TEN (10)
BUSINESS DAYS' PRIOR WRITTEN NOTICE TO LANDLORD, AND (III) INCLUDE, AS
ATTACHMENTS, ORIGINALS OF THE ADDITIONAL INSURED ENDORSEMENTS TO TENANT'S CGL
POLICY REQUIRED ABOVE.
TENANT SHALL PROVIDE RENEWAL CERTIFICATES TO LANDLORD AT
LEAST TEN (10) BUSINESS DAYS PRIOR TO EXPIRATION OF SUCH POLICIES.
EXCEPT AS
EXPRESSLY PROVIDED TO THE CONTRARY HEREIN, COVERAGE HEREUNDER SHALL APPLY TO
EVENTS OCCURRING DURING THE POLICY YEAR REGARDLESS OF WHEN A CLAIM IS MADE.
LANDLORD MAY PERIODICALLY (BUT NOT MORE THAN ONCE IN ANY 24 CONSECUTIVE MONTH
PERIOD) REQUIRE THAT TENANT REASONABLY INCREASE OR EXPAND THE AFOREMENTIONED
COVERAGE, IF AND TO THE EXTENT SUCH INCREASES OR EXPANSIONS ARE CONSISTENT WITH
INSURANCE COVERAGE REQUIRED BY PRUDENT OWNERS OF SIMILAR CLASS OFFICE BUILDINGS
IN DOWNTOWN, CHICAGO, ILLINOIS.
EXCEPT AS PROVIDED TO THE CONTRARY HEREIN, ANY
INSURANCE CARRIED BY LANDLORD OR TENANT SHALL BE FOR THE SOLE BENEFIT OF THE
PARTY CARRYING SUCH INSURANCE.
IF TENANT OBTAINS INSURANCE UNDER "BLANKET
POLICIES," TENANT SHALL OBTAIN AN ENDORSEMENT PROVIDING THAT THE INSURANCE
LIMITS REQUIRED HEREUNDER ARE NOT SUBJECT TO REDUCTION OR IMPAIRMENT BY CLAIMS
OR LOSSES AT OTHER LOCATIONS.
TENANT'S INSURANCE POLICIES SHALL BE PRIMARY TO
ALL POLICIES OF LANDLORD AND ANY OTHER ADDITIONAL INSUREDS (WHOSE POLICIES SHALL
BE DEEMED EXCESS AND NON-CONTRIBUTORY).
ALL INSURANCE REQUIRED HEREUNDER SHALL
BE PROVIDED BY RESPONSIBLE INSURERS LICENSED IN THE STATE OF ILLINOIS, AND SHALL
HAVE A GENERAL POLICY HOLDER'S RATING OF AT LEAST A AND A FINANCIAL RATING OF AT
LEAST X IN THE THEN CURRENT EDITION OF BEST'S INSURANCE REPORTS.
THE PARTIES
MUTUALLY HEREBY WAIVE ALL RIGHTS AND CLAIMS AGAINST EACH OTHER FOR ALL LOSSES
COVERED BY THEIR RESPECTIVE INSURANCE POLICIES, AND WAIVE ALL RIGHTS OF
SUBROGATION OF THEIR RESPECTIVE INSURERS.
THE PARTIES AGREE THAT THEIR
RESPECTIVE INSURANCE POLICIES ARE NOW, OR SHALL BE, ENDORSED SUCH THAT SAID
WAIVER OF SUBROGATION SHALL NOT AFFECT THE RIGHT OF THE INSURED TO RECOVER
THEREUNDER.
LANDLORD DISCLAIMS ANY REPRESENTATION AS TO WHETHER THE FOREGOING
COVERAGES WILL BE ADEQUATE TO PROTECT TENANT.
(V)
WAIVER OF CLAIMS.
EXCEPT FOR CLAIMS ARISING FROM LANDLORD'S
INTENTIONAL OR NEGLIGENT ACTS WHICH ARE NOT COVERED OR REQUIRED TO BE COVERED BY
TENANT'S INSURANCE HEREUNDER, TENANT WAIVES ALL CLAIMS AGAINST LANDLORD FOR
INJURY OR DEATH TO PERSONS, DAMAGE TO PROPERTY OR TO ANY OTHER INTEREST OF
TENANT SUSTAINED BY TENANT OR ANY PARTY CLAIMING BY OR THROUGH TENANT RESULTING
FROM: (I) ANY OCCURRENCE IN OR UPON THE PREMISES, (II) LEAKING OF ROOFS,
BURSTING, STOPPAGE OR LEAKING OF WATER, GAS, SEWER OR STEAM PIPES OR EQUIPMENT,
INCLUDING SPRINKLERS, (III) WIND, RAIN, SNOW, ICE, FLOODING (INCLUDING FLOODING
OF BASEMENTS AND OTHER SUBSURFACE AREAS), FREEZING, FIRE, EXPLOSION, EARTHQUAKE,
EXCESSIVE HEAT OR COLD, DAMPNESS, FIRE OR OTHER CASUALTY, (IV) THE PROPERTY,
PREMISES, SYSTEMS AND EQUIPMENT BEING DEFECTIVE, OUT OF REPAIR, OR FAILING, AND
(V) VANDALISM, MALICIOUS MISCHIEF, THEFT, MISAPPROPRIATION OR OTHER ACTS OR
OMISSIONS OF ANY PARTIES INCLUDING TENANT'S EMPLOYEES, OTHER TENANTS, AND THEIR
RESPECTIVE AGENTS, EMPLOYEES, INVITEES AND CONTRACTORS (AND TENANT SHALL GIVE
LANDLORD IMMEDIATE NOTICE OF