BEYOND ANY
APPLICABLE NOTICE AND CURE PERIODS, TENANT SHALL HAVE THE RIGHT, COMMENCING ON
THE DAY IMMEDIATELY AFTER SEPTEMBER 31, 2008, TO TERMINATE THIS LEASE PROVIDED
TENANT NOTIFIES LANDLORD IN WRITING OF ITS INTENT TO SO TERMINATE THIS LEASE AT
LEAST 15 DAYS PRIOR TO THE TERMINATION DATE SET FORTH IN SUCH NOTICE (THE "EARLY
TERMINATION DATE").
IF TENANT EXERCISES ITS RIGHT TO SO TERMINATE THIS LEASE,
THIS LEASE AND THE LEASE TERM HEREOF SHALL END ON THE EARLY TERMINATION DATE AND
RENTAL SHALL BE APPORTIONED AND PAID TO THE EARLY TERMINATION DATE; PROVIDED,
HOWEVER, THAT THOSE PROVISIONS OF THIS LEASE WHICH ARE DESIGNATED TO COVER
MATTERS OF TERMINATION AND THE PERIOD THEREAFTER SHALL SURVIVE THE TERMINATION
OF THIS LEASE.
14
INSURANCE
I.
COVERAGE.
FROM AND AFTER THE LEASE COMMENCEMENT DATE, TENANT
WILL, AT ITS SOLE COST AND EXPENSE, KEEP AND MAINTAIN POLICIES OF:
A.
ALL RISK PROPERTY CASUALTY INSURANCE ON ALL PERSONAL PROPERTY,
FIXTURES AND EQUIPMENT OWNED BY TENANT AND ALTERATIONS WITHIN THE DEMISED
PREMISES AGAINST LOSS OR DAMAGE BY FIRE, LIGHTING, WINDSTORM, HAIL, EXPLOSION,
AIRCRAFT, SMOKE, VANDALISM, MALICIOUS MISCHIEF, VEHICLE DAMAGE AND OTHER RISKS
FROM TIME TO TIME INCLUDED UNDER "SPECIAL FORM" POLICIES;
B.
GENERAL PUBLIC LIABILITY INSURANCE PROTECTING AND INDEMNIFYING
TENANT AND LANDLORD AGAINST ANY AND ALL CLAIMS FOR DAMAGES TO PERSONS OR
PROPERTY OR FOR LOSS OF LIFE OR OF PROPERTY OCCURRING UPON, IN OR ABOUT THE
DEMISED PREMISES AND PROPERTY AND THE ADJOINING STREETS AND PASSAGEWAYS, SUCH
INSURANCE TO BE IN THE AMOUNT OF NOT LESS THAN $5,000,000 IN RESPECT OF BODILY
INJURY OR DEATH TO ANY ONE PERSON AND NOT LESS THAN $10,000,000 IN RESPECT OF
ANY ONE ACCIDENT OR OCCURRENCE AND NOT LESS THAN $5,000,000 FOR PROPERTY DAMAGE
AND MAY INCLUDE PROVISIONS FOR DEDUCTIBLES OR SELF INSURED RETENTIONS NOT TO
EXCEED $250,000 PER OCCURRENCE;
C.
WORKMEN'S COMPENSATION INSURANCE (OR A STATE PLAN GIVING
COMPARABLE COVERAGE) COVERING ALL PERSONS EMPLOYED IN CONNECTION WITH ANY WORK
DONE ON OR ABOUT THE DEMISED PREMISES IN CONNECTION WITH WHICH CLAIMS FOR DEATH
OR BODILY INJURY COULD BE ASSERTED AGAINST TENANT; AND
D.
SUCH OTHER INSURANCE AS LANDLORD AND ANY MORTGAGEE OF THE DEMISED
PREMISES MAY FROM TIME TO TIME REASONABLY REQUEST TO PROTECT LANDLORD, TENANT
AND/OR THE DEMISED PREMISES AND PROPERTY INCLUDING POLLUTION LEGAL LIABILITY
COVERAGE IN SUCH AMOUNTS AND AGAINST SUCH OTHER INSURABLE HAZARDS WHICH AT THE
TIME ARE COMMONLY OBTAINED IN THE CASE OF PROPERTY SIMILAR TO THE DEMISED
PREMISES AND PROPERTY, AND SIMILARLY LOCATED.
II.
POLICIES.
ALL INSURANCE PROVIDED FOR IN SUBSECTION D OF
SECTION III HEREOF AND SUBSECTIONS A, B AND D OF SECTION I HEREOF, IF READILY
OBTAINABLE, SHALL BE EFFECTED UNDER STANDARD FORM POLICIES ISSUED BY INSURERS OF
RECOGNIZED FINANCIAL RESPONSIBILITY, HAVING A BEST RATING EQUAL TO THE BETTER OF
THE RATING REQUIRED BY THE HOLDER OF ANY MORTGAGE ON THE DEMISED PREMISES OR OF
A:X OR BETTER, AUTHORIZED TO DO BUSINESS IN THE STATE.
ANY POLICIES OF
INSURANCE, OTHER THAN THOSE DESCRIBED IN SUBSECTION C OF SECTION I HEREOF,