TENANT A
NOTICE ADDRESS, NOTICE OF CANCELLATION OR MATERIAL CHANGE IN COVERAGE AT LEAST
THIRTY (30) DAYS IN ADVANCE OF THE EFFECTIVE DATE OF THAT ACTION; (IV) BE
WRITTEN ON AN OCCURRENCE BASIS; AND (V) CONTAIN A COMMERCIALLY REASONABLE
DEDUCTIBLE.
10.3.4
TENANT SHALL AT ALL TIMES MAINTAIN WORKERS' COMPENSATION INSURANCE AND
DISABILITY BENEFITS INSURANCE AS REQUIRED BY LEGAL REQUIREMENTS COVERING ALL
PERSONS EMPLOYED BY TENANT IN CONNECTION WITH THE OPERATIONS CONDUCTED IN THE
PREMISES.
10.3.5
TENANT SHALL REQUIRE ITS CONTRACTORS AND SUBCONTRACTORS TO MAINTAIN
COMMERCIALLY REASONABLE AMOUNTS OF COMMERCIAL GENERAL LIABILITY INSURANCE BASED
ON THE SCOPE OF ANY WORK TO BE PERFORMED.
10.3.6
TENANT SHALL DELIVER TO LANDLORD CERTIFICATES OF INSURANCE EVIDENCING
THE INSURANCE AND ENDORSEMENTS TENANT HAS AN OBLIGATION TO MAINTAIN UNDER THE
TERMS OF THIS SECTION 10.3 CONTEMPORANEOUSLY WITH THE COMMENCEMENT DATE.
THEREAFTER, TENANT SHALL DELIVER A BINDER OR CERTIFICATE EVIDENCING EACH RENEWAL
POLICY NOT LATER THAN THREE (3) DAYS PRIOR TO THE EXPIRATION OR CANCELLATION OF
THE PREVIOUS POLICY PERIOD.
IF TENANT FAILS TO DELIVER ANY SUCH RENEWAL BINDER
OR CERTIFICATE TO LANDLORD AS REQUIRED ABOVE, AND SUCH FAILURE CONTINUES UNTIL
THE EXPIRATION OR EARLIER CANCELLATION DATE OF SUCH POLICY (WHETHER OR NOT
LANDLORD HAS GIVEN NOTICE OF SUCH FAILURE TO TENANT), LANDLORD OR ANY INTEREST
HOLDER MAY PROCURE THE RENEWAL POLICY FOR THE ACCOUNT OF TENANT AT THE OPTION OF
LANDLORD OR SUCH INTEREST HOLDER AND TENANT SHALL PAY THE COST OF THOSE POLICIES
TO LANDLORD OR SUCH INTEREST HOLDER, AS APPLICABLE, WITHIN THIRTY (30) DAYS
AFTER THE DATE OF LANDLORD'S DELIVERY OF ITS BILLS FOR THOSE COSTS TO TENANT.
IF ONLY A BINDER WAS PREVIOUSLY GIVEN
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to Landlord, Tenant shall deliver to Landlord a copy of each renewal certificate
of insurance within thirty (30) days after delivery of any renewal binder or
certificate.
Upon request of Landlord, Tenant shall provide Landlord with a
copy of any insurance policy providing the insurance required under this Section
10.3.
10.3.7
DURING THE LEASE TERM, LANDLORD WILL NOT INSURE ANY PROPERTY THAT
TENANT HAS AN OBLIGATION TO INSURE UNDER THE TERMS OF THIS SECTION 10.3.
LANDLORD MAY ELECT (BUT SHALL NOT BE REQUIRED) TO CARRY, AS PART OF ADDITIONAL
RENT, SUCH AMOUNTS OF COMMERCIAL GENERAL LIABILITY INSURANCE (AND UMBRELLA
COVERAGE) AS LANDLORD, IN ITS REASONABLE DISCRETION, DETERMINES NECESSARY OR
DESIRABLE WITH RESPECT TO THE PREMISES, OR THAT MAY OTHERWISE BE REQUIRED BY ANY
INTEREST HOLDER.
10.4
SUBROGATION.
LANDLORD AND TENANT WAIVE AND RELEASE ANY AND ALL
RIGHTS OF RECOVERY, CLAIMS, ACTIONS AND CAUSES OF ACTION THAT EITHER MAY NOW OR
LATER HAVE AGAINST (A) THE OTHER, (B) THE OTHER'S PARENT, SUBSIDIARY AND
AFFILIATES, (C) THE RESPECTIVE CONSTITUENT PARTNERS, DIRECTORS, OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES OF THE OTHER AND THE OTHER'S PARENT, SUBSIDIARY
AND AFFILIATES, AND (D) THE RESPECTIVE CONSTITUENT PARTNERS, DIRECTORS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES OF THE OTHER'S CONSTITUENT PARTNERS AND
THE CONSTITUENT PARTNERS OF THE OTHER'S PARENT, SUBSIDIARY AND AFFILIATES, BY
VIRTUE OF (I) ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES, THE