DO BUSINESS AND IN GOOD STANDING IN MASSACHUSETTS, WHICH
COMPANIES AND THE AMOUNT OF INSURANCE ALLOCATED THERETO SHALL BE SUBJECT TO
LANDLORD'S APPROVAL.
TENANT AGREES TO FURNISH LANDLORD WITH CERTIFICATES
EVIDENCING ALL SUCH INSURANCE PRIOR TO THE BEGINNING OF THE TERM HEREOF AND
EVIDENCING RENEWAL THEREOF AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF
ANY SUCH POLICY.
EACH SUCH POLICY SHALL BE NON-CANCELABLE WITH RESPECT TO THE
INTEREST OF LANDLORD AND THE INSURER WILL ENDEAVOR TO NOTIFY LANDLORD AT LEAST
TEN (10) DAYS' PRIOR WRITTEN NOTICE OF ANY POLICY, BUT IN ANY EVENT NO LATER
THAN FIVE (5) DAYS FOLLOWING CANCELATION THEREOF.
ALL INSURANCE WHICH IS CARRIED BY EITHER LANDLORD OR TENANT
WITH RESPECT TO THE BUILDING, PREMISES OR TO FURNITURE, FURNISHINGS, FIXTURES,
OR EQUIPMENT THEREIN OR ALTERATIONS OR IMPROVEMENTS THERETO, WHETHER OR NOT
REQUIRED, SHALL INCLUDE PROVISIONS WHICH EITHER DESIGNATE THE OTHER PARTY AS ONE
OF THE INSURED OR DENY TO THE INSURER ACQUISITION BY SUBROGATION OF RIGHTS OF
RECOVERY AGAINST THE OTHER PARTY TO THE EXTENT SUCH RIGHTS HAVE
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BEEN WAIVED BY THE INSURED PARTY PRIOR TO OCCURRENCE OF LOSS OR INJURY, INSOFAR
AS, AND TO THE EXTENT THAT, SUCH PROVISIONS MAY BE EFFECTIVE WITHOUT MAKING IT
IMPOSSIBLE TO OBTAIN INSURANCE COVERAGE FROM RESPONSIBLE COMPANIES QUALIFIED TO
DO BUSINESS IN THE STATE IN WHICH THE PREMISES ARE LOCATED (EVEN THOUGH EXTRA
PREMIUM MAY RESULT THEREFROM).
IN THE EVENT THAT EXTRA PREMIUM IS PAYABLE BY
EITHER PARTY AS A RESULT OF THIS PROVISION, THE OTHER PARTY SHALL REIMBURSE THE
PARTY PAYING SUCH PREMIUM THE AMOUNT OF SUCH EXTRA PREMIUM.
IF AT THE REQUEST
OF ONE PARTY, THIS NON-SUBROGATION PROVISION IS WAIVED, THEN THE OBLIGATION OF
REIMBURSEMENT SHALL CEASE FOR SUCH PERIOD OF TIME AS SUCH WAIVER SHALL BE
EFFECTIVE, BUT NOTHING CONTAINED IN THIS SUBSECTION SHALL DEROGATE FROM OR
OTHERWISE AFFECT RELEASES ELSEWHERE HEREIN CONTAINED OF EITHER PARTY FOR
CLAIMS.
EACH PARTY SHALL BE ENTITLED TO HAVE CERTIFICATES OF ANY POLICIES
CONTAINING SUCH PROVISIONS.
EACH PARTY HEREBY WAIVES ALL RIGHTS OF RECOVERY
AGAINST THE OTHER FOR LOSS OR INJURY AGAINST WHICH THE WAIVING PARTY IS
PROTECTED BY INSURANCE CONTAINING SAID PROVISIONS, RESERVING, HOWEVER, ANY
RIGHTS WITH RESPECT TO ANY EXCESS OF LOSS OR INJURY OVER THE AMOUNT RECOVERED BY
SUCH INSURANCE.
4.2.5
Utilities.
Tenant shall pay directly to the applicable utility
provider all charges made by such utility provider for the cost of electricity
and gas furnished or consumed on the Premises, which are separately metered;
Tenant shall pay to Landlord, through Operating Costs, all charges for water
(including sewer charges) supplied by Landlord pursuant to Subsection 5.1.3.
Tenant shall pay all charges for telephone and other utilities or services not
supplied by Landlord pursuant to Subsections 5.1.1 and 5.1.3, whether designated
as a charge, tax, assessment, fee or otherwise, all such charges to be paid as
the same from time to time become due.
Except as otherwise provided in
Article 5, it is understood and agreed that Tenant shall make its own
arrangements