CLAIMS FOR BODILY INJURY, PERSONAL INJURY AND PROPERTY DAMAGE
(INCLUDING ATTORNEYS' FEES) BASED UPON, INVOLVING OR ARISING DIRECTLY OR
INDIRECTLY OUT OF TENANT'S OR ITS AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, SUBTENANTS OR LICENSEES' OPERATIONS, ASSUMED
LIABILITIES OR TENANT'S USE, OCCUPANCY OR MAINTENANCE OF THE PREMISES AND THE
PROJECT.
SUCH INSURANCE SHALL PROVIDE FOR A MINIMUM AMOUNT OF THREE MILLION
DOLLARS ($3,000,000.00) FOR PROPERTY DAMAGE OR INJURY TO OR DEATH OF ONE OR MORE
THAN ONE PERSON IN ANY ONE ACCIDENT OR OCCURRENCE, WITH AN ANNUAL AGGREGATE
LIMIT OF AT LEAST FIVE MILLION DOLLARS ($5,000,000.00), WHICH INSURANCE MAY BE
PROVIDED IN A COMBINATION OF PRIMARY AND EXCESS LIMITS.
THE COVERAGE REQUIRED
TO BE CARRIED SHALL INCLUDE FIRE LEGAL LIABILITY, BLANKET CONTRACTUAL LIABILITY,
PERSONAL INJURY LIABILITY, BROAD FORM PROPERTY DAMAGE LIABILITY, PRODUCTS
LIABILITY AND COMPLETED OPERATIONS COVERAGE (AS WELL AS OWNED, NON-OWNED AND
HIRED AUTOMOBILE LIABILITY IF AN EXPOSURE EXISTS) AND THE POLICY SHALL CONTAIN
AN EXCEPTION TO ANY POLLUTION EXCLUSION SHOULD BODILY INJURY OR PROPERTY DAMAGE
ARISE OUT OF HEAT, SMOKE OR FUMES FROM A HOSTILE FIRE.
THE FOREGOING POLICIES
CARRIED BY TENANT SHALL BE PRIMARY TO ANY OTHER INSURANCE MAINTAINED BY
LANDLORD.
SUCH INSURANCE SHALL BE WRITTEN ON AN OCCURRENCE BASIS AND CONTAIN A
SEPARATION OF INSUREDS PROVISION OR CROSS-LIABILITY ENDORSEMENT ACCEPTABLE TO
LANDLORD.
TENANT SHALL PROVIDE LANDLORD WITH A CERTIFICATE EVIDENCING SUCH
INSURANCE COVERAGE PRIOR TO THE COMMENCEMENT DATE.
NOT MORE FREQUENTLY THAN
EVERY TWO (2) YEARS DURING THE EXTENSION PERIOD OR DURING ANY OTHER EXTENSION OF
THE TERM OF THIS LEASE, IF, IN THE OPINION OF ANY HOLDER (AS DEFINED IN
SECTION 9.1) OR OF THE INSURANCE BROKER RETAINED BY LANDLORD, THE AMOUNT OF
LIABILITY INSURANCE COVERAGE AT THAT TIME IS NOT ADEQUATE, THEN TENANT SHALL
INCREASE ITS LIABILITY INSURANCE COVERAGE AS REQUIRED BY EITHER ANY MORTGAGEE OF
LANDLORD OR LANDLORD'S INSURANCE BROKER, PROVIDED SUCH INCREASED AMOUNT SHALL
NOT MATERIALLY EXCEED THE GREATER OF (A) THOSE AMOUNTS NORMALLY REQUIRED FOR
COMPARABLE BUILDINGS IN THE GEOGRAPHIC AREA OF THE PROJECT OR (B) THOSE AMOUNTS
REQUIRED TO PROVIDE LANDLORD WITH THE SAME RELATIVE PROTECTION AS THE AMOUNTS
SET FORTH ABOVE AS OF THE DATE OF THIS LEASE.
TENANT SHALL, AT TENANT'S
EXPENSE, COMPLY WITH (I) ALL INSURANCE COMPANY REQUIREMENTS PERTAINING TO THE
USE OF THE PREMISES AND (II) ALL RULES, ORDERS,
27
REGULATIONS OR REQUIREMENTS OF THE AMERICAN INSURANCE ASSOCIATION (FORMERLY THE
NATIONAL BOARD OF FIRE UNDERWRITERS) AND ANY SIMILAR BODY.
11.2
TENANT'S ADDITIONAL INSURANCE REQUIREMENTS.
(A)
TENANT SHALL SECURE AND MAINTAIN, AT TENANT'S EXPENSE, AT ALL
TIMES DURING THE TERM, A POLICY OF PHYSICAL DAMAGE INSURANCE ON ALL OF TENANT'S
FIXTURES, FURNISHINGS, EQUIPMENT, MACHINERY, MERCHANDISE AND PERSONAL PROPERTY
IN THE PREMISES AND ON ANY ALTERATIONS, ADDITIONS OR IMPROVEMENTS MADE BY OR FOR
TENANT UPON THE PREMISES, ALL FOR THE FULL REPLACEMENT COST THEREOF WITHOUT
DEDUCTION FOR DEPRECIATION OF THE COVERED ITEMS AND IN AMOUNTS THAT MEET ANY
CO-INSURANCE CLAUSES OF THE POLICIES OF INSURANCE.
SUCH INSURANCE SHALL INSURE
AGAINST THOSE RISKS CUSTOMARILY COVERED IN A POLICY OF PROPERTY