OF
THIS LEASE TO THE CONTRARY, TENANT HEREBY RELEASES LANDLORD AND LANDLORD'S
AGENTS WITH RESPECT TO ANY CLAIM TENANT MAY HAVE AGAINST LANDLORD OR LANDLORD'S
AGENTS WHICH IS INSURED AGAINST UNDER ANY INSURANCE POLICY THAT TENANT CARRIES,
OR WOULD BE INSURED AGAINST IF TENANT CARRIED THE INSURANCE REQUIRED PURSUANT TO
THIS LEASE (WHETHER OR NOT TENANT IS, IN FACT THEN CARRYING SUCH REQUIRED
INSURANCE), REGARDLESS OF WHETHER THE ACT OR OMISSION OF LANDLORD OR LANDLORD'S
AGENTS CAUSED OR CONTRIBUTED TO SUCH LOSS.
IN THE EVENT TENANT IS A
SELF-INSURER OR MAINTAINS A DEDUCTIBLE, THEN TENANT HEREBY RELEASES LANDLORD AND
LANDLORD'S AGENTS FROM ANY LIABILITY ARISING FROM ANY EVENT WHICH WOULD HAVE
BEEN COVERED HAD THE REQUIRED INSURANCE BEEN OBTAINED AND/OR THE DEDUCTIBLE NOT
BEEN MAINTAINED.
IN NO EVENT SHALL THE FOREGOING BE DEEMED TO IMPLY THAT TENANT
MAY SELF-INSURE AND/OR MAINTAIN A DEDUCTIBLE IN EXCESS OF $10,000 WITH RESPECT
TO ANY INSURANCE REQUIRED HEREUNDER.
(G)
IN THE EVENT TENANT FAILS TO MAINTAIN ANY OF THE INSURANCE
REQUIRED HEREUNDER, LANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION,
WITHOUT WAIVING ANY OTHER RIGHTS TO WHICH IT MAY BE ENTITLED AS A RESULT OF SUCH
DEFAULT, TO OBTAIN ANY OR ALL OF SUCH INSURANCE FOR THE ACCOUNT OF TENANT, AND
IN SUCH CASE TENANT SHALL REIMBURSE LANDLORD FOR THE COST THEREOF, AS ADDITIONAL
RENT, WITHIN TEN (10) DAYS AFTER RECEIPT OF LANDLORD'S BILL THEREFOR.
13.2
TENANT SHALL NOT CONDUCT OR PERMIT TO BE CONDUCTED ANY ACTIVITY, OR
PLACE OR PERMIT TO BE PLACED ANY EQUIPMENT OR OTHER ITEM IN OR ABOUT THE
PROPERTY WHICH WILL IN ANY WAY INCREASE THE RATE OF FIRE INSURANCE OR OTHER
INSURANCE ON THE PROPERTY.
IF ANY INCREASE IN THE RATE OF FIRE INSURANCE OR
OTHER INSURANCE IS DUE TO ANY ACTIVITY, EQUIPMENT OR OTHER ITEM OF TENANT, THEN
(WHETHER OR NOT LANDLORD HAS CONSENTED TO SUCH ACTIVITY, EQUIPMENT OR OTHER
ITEM) TENANT SHALL PAY TO LANDLORD AS ADDITIONAL RENT WITHIN TEN (10) DAYS OF
RECEIPT OF AN INVOICE THEREFOR, THE AMOUNT OF SUCH INCREASE.
THE STATEMENT OF
ANY APPLICABLE INSURANCE COMPANY OR INSURANCE RATING ORGANIZATION (OR OTHER
ORGANIZATION EXERCISING SIMILAR FUNCTIONS IN CONNECTION WITH THE PREVENTION OF
FIRE OR THE CORRECTION OF HAZARDOUS CONDITIONS) THAT AN INCREASE IS DUE TO ANY
SUCH ACTIVITY, EQUIPMENT OR OTHER ITEM SHALL BE CONCLUSIVE EVIDENCE THEREOF.
THE FOREGOING
F-30
PROVISIONS OF THIS SECTION 13.2 SHALL NOT BE CONSTRUED AS A GRANT TO TENANT TO
UTILIZE ANY PORTIONS OF THE BUILDING OUTSIDE OF THE PREMISES, OR TO UTILIZE THE
PREMISES FOR ANY USE OR PURPOSE OTHER THAN THE PERMITTED USE.
13.3
LANDLORD AGREES TO CARRY AND MAINTAIN PROPERTY INSURANCE COVERING
FIRE AND OTHER CASUALTIES NORMALLY COVERED BY A STANDARD "SPECIAL FORM" POLICY,
WITH RESPECT TO THE PROPERTY (INCLUDING THE TENANT IMPROVEMENT WORK) IN AN
AMOUNT DEEMED PRUDENT BY LANDLORD OR ITS MORTGAGEE, BUT IN ANY EVENT NOT LESS
THAN THE AMOUNT REQUIRED BY ITS INSURANCE COMPANY TO AVOID THE APPLICATION OF
ANY CO-INSURANCE PROVISION.
LANDLORD SHALL SECURE A WAIVER OF