CROSS-LIABILITY
ENDORSEMENT OR SEVERABILITY OF INTEREST CLAUSE REASONABLY ACCEPTABLE TO
LANDLORD; AND (VII) INCLUDE COMMERCIALLY REASONABLE DEDUCTIBLES (WHICH SHALL IN
NO EVENT EXCEED $100,000.00 FOR THE INSURANCE REQUIRED IN SECTIONS 10.3.2(II)
AND (III) ABOVE).
TENANT SHALL DELIVER CERTIFICATES OF SUCH POLICIES TO
LANDLORD ON OR BEFORE THE INSURANCE START DATE AND AT LEAST FIFTEEN (15) DAYS
BEFORE THE EXPIRATION DATES THEREOF.
IN THE EVENT TENANT SHALL FAIL TO PROCURE
SUCH INSURANCE, OR TO DELIVER SUCH POLICIES OR CERTIFICATE WITHIN SUCH TIME
PERIODS, LANDLORD MAY, AT ITS OPTION AFTER AT LEAST TWO (2) BUSINESS DAYS'
WRITTEN NOTICE TO TENANT, PROCURE SUCH POLICIES FOR THE ACCOUNT OF TENANT, AND
THE COST THEREOF SHALL BE PAID TO LANDLORD AS ADDITIONAL RENT WITHIN THIRTY (30)
DAYS AFTER DELIVERY TO TENANT OF BILLS THEREFOR.
AT TENANT'S OPTION, TENANT MAY
PROVIDE THE COVERAGES REQUIRED UNDER THIS ARTICLE 10 THROUGH BLANKET POLICIES OF
INSURANCE COVERING TENANT'S OTHER PROPERTIES SO LONG AS THE COVERAGE REQUIRED
UNDER THIS LEASE WITH RESPECT TO THE PREMISES AND REAL PROPERTY IS NOT REDUCED
OR IMPAIRED AS A RESULT THEREOF (INCLUDING AS A RESULT OF ANY CLAIMS MADE OR
AGGREGATE LIMITS WITH RESPECT TO SUCH OTHER PROPERTIES).
10.4
SUBROGATION.
LANDLORD AND TENANT AGREE TO HAVE THEIR RESPECTIVE
INSURANCE COMPANIES ISSUING PROPERTY DAMAGE INSURANCE WAIVE ANY RIGHTS OF
SUBROGATION THAT SUCH COMPANIES MAY HAVE AGAINST LANDLORD OR TENANT, AS THE CASE
MAY BE.
ANYTHING IN THIS LEASE TO THE CONTRARY NOTWITHSTANDING (INCLUDING THE
PROVISIONS OF SECTION 10.1 ABOVE), LANDLORD AND TENANT HEREBY WAIVE AND RELEASE
EACH OTHER OF AND FROM ANY AND ALL RIGHTS OF RECOVERY, CLAIMS, ACTIONS OR CAUSES
OF ACTIONS AGAINST EACH OTHER, THEIR RESPECTIVE AGENTS, OFFICERS AND EMPLOYEES,
FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES,
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BUILDING OR REAL PROPERTY, OR PERSONAL PROPERTY WITHIN THE BUILDING, REGARDLESS
OF CAUSE OR ORIGIN, INCLUDING THE NEGLIGENCE OF LANDLORD AND TENANT AND THEIR
RESPECTIVE AGENTS, OFFICERS AND EMPLOYEES, BUT ONLY TO THE EXTENT THE RELEASING
PARTY'S LOSS OR DAMAGE IS COVERED UNDER CASUALTY INSURANCE POLICIES IN EFFECT AT
THE TIME OF SUCH LOSS OR DAMAGE OR WOULD HAVE BEEN COVERED BY THE CASUALTY
INSURANCE REQUIRED TO BE CARRIED UNDER SECTIONS 10.2 AND 10.3 ABOVE HAD THE
RELEASING PARTY COMPLIED WITH ITS APPLICABLE INSURANCE OBLIGATIONS THEREUNDER.
EACH PARTY AGREES TO GIVE IMMEDIATELY TO ITS RESPECTIVE INSURANCE COMPANY WHICH
HAS ISSUED POLICIES OF INSURANCE COVERING ANY RISK OF DIRECT PHYSICAL LOSS,
WRITTEN NOTICE OF THE TERMS OF THE MUTUAL WAIVERS CONTAINED IN THIS
SECTION 10.4, AND TO HAVE SUCH INSURANCE POLICIES PROPERLY ENDORSED, IF
NECESSARY, TO PREVENT THE INVALIDATION OF SAID INSURANCE COVERAGE BY REASON OF
SAID WAIVERS.
10.5
ADDITIONAL INSURANCE OBLIGATIONS.
TENANT SHALL CARRY AND MAINTAIN,
AT TENANT'S SOLE COST AND EXPENSE, INCREASED AMOUNTS OF THE INSURANCE REQUIRED
TO BE CARRIED BY TENANT PURSUANT TO THIS ARTICLE 10, AND SUCH OTHER REASONABLE
TYPES OF INSURANCE COVERAGE AND IN SUCH REASONABLE AMOUNTS COVERING THE PREMISES
AND TENANT'S OPERATIONS THEREIN, AS MAY BE REASONABLY REQUESTED BY LANDLORD;
PROVIDED, HOWEVER, THAT IN NO