LOSS OR DAMAGE MAY RESULT FROM
THE NEGLIGENCE OR FAULT OF TENANT, ITS SERVANTS, AGENTS OR EMPLOYEES.
PROVIDED
THAT TENANT'S RIGHT OF FULL RECOVERY UNDER ITS AFORESAID POLICY OR POLICIES IS
NOT ADVERSELY AFFECTED OR PREJUDICED THEREBY, TENANT HEREBY WAIVES ANY AND ALL
RIGHT OF FULL RECOVERY WHICH IT MIGHT OTHERWISE HAVE AGAINST LANDLORD, ITS
SERVANTS, AGENTS AND EMPLOYEES FOR LOSS OR DAMAGE TO, TENANT'S FURNITURE,
FURNISHINGS, FIXTURES AND OTHER PROPERTY REMOVABLE BY TENANT UNDER THE
PROVISIONS HEREOF TO THE EXTENT THAT THE SAME IS COVERED BY TENANT'S INSURANCE,
NOTWITHSTANDING THAT SUCH LOSS OR DAMAGE MAY RESULT FROM THE NEGLIGENCE OR FAULT
OF LANDLORD, ITS SERVANTS, AGENTS OR EMPLOYEES, OR SUCH OTHER TENANT AND THE
SERVANTS, AGENTS OR EMPLOYEES THEREOF.
(D)
LANDLORD AND TENANT HEREBY AGREE TO ADVISE THE OTHER PROMPTLY IF
THE CLAUSES TO BE INCLUDED IN THEIR RESPECTIVE INSURANCE POLICIES PURSUANT TO
SUBDIVISIONS 9.08(A) AND (B) HEREOF CANNOT BE OBTAINED.
LANDLORD AND TENANT
HEREBY ALSO AGREE TO NOTIFY THE OTHER PROMPTLY OF ANY CANCELLATION OR CHANGE OF
THE TERMS OF ANY SUCH POLICY WHICH WOULD AFFECT SUCH CLAUSES.
9.09
TENANT COVENANTS AND AGREES TO PROVIDE ON OR BEFORE THE
COMMENCEMENT DATE AND TO KEEP IN FORCE DURING THE TERM HEREOF (I) COMPREHENSIVE
GENERAL LIABILITY INSURANCE POLICY INCLUDING PRODUCTS, COMPLETED OPERATIONS
COVERING BODILY INJURY AND PROPERTY DAMAGE LIABILITY, PERSONAL INJURY AND
ADVERTISING LIABILITY, FIRE LEGAL LIABILITY ALL IN CONNECTION WITH THE USE,
OCCUPANCY OR CONDITION OF THE DEMISED PREMISES AND THE BUILDING AND CONTRACTUAL
LIABILITY COVERAGE (COVERING THE LIABILITY OF TENANT TO LANDLORD BY VIRTUE OF
THE INDEMNITIES CONTAINED IN SECTION 39.01(I) AND (II) HEREOF ) IN AMOUNTS NOT
LESS THAN:
$5,000,000, general aggregate per location
$5,000,000, per occurrence for bodily injury and property damage
$5,000,000, personal and advertising injury
$1,000,000, fire legal liability
The above limits can be provided by the combination of general liability
coverage and umbrella liability coverage.
Such insurance is to be primary
insurance, notwithstanding any insurance maintained by the indemnified parties.
Landlord reserves the right to require from time to time, that the above limits
be increased by reasonable amounts.
With respect to the above insurance,
Landlord shall receive, at least ten (10) days prior to the Commencement Date
and at least fifteen (15) days prior to the expiration of any such policy(ies),
a certificate indicating the aforesaid coverage and including the Landlord, its
designees and its mortgagees as additional insureds.
Such certificate is to
contain provisions that obligate the insurer to notify Landlord, fifteen (15)
days in advance, in the event of cancellation, non-renewal or material change of
the coverage.
Such insurance is to be written by an insurance company or
companies satisfactory to Landlord and with a Best's rating of at least A-, X
and (ii) "All Risk" property insurance, including the perils of sprinkler
leakage, water damage, flood, burglary and collapse,
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covering the property of Tenant, in an amount equivalent to the insurable value
of said property, defined as the "cost to replace or reconstruct new without
deduction for