OF THE
PREMISES OR ANY ACTIVITY DONE OR PERMITTED OR SUFFERED TO BE DONE BY TENANT IN,
ON, OR ABOUT THE PREMISES, (B) ARISING FROM ANY BREACH OR DEFAULT BY TENANT OF
ITS OBLIGATIONS UNDER THIS LEASE, (C) ARISING FROM ANY NEGLIGENCE OR WILLFUL
MISCONDUCT OF TENANT, ITS AGENTS, EMPLOYEES, INVITEES OR CONTRACTORS, OR (D)
ARISING FROM THE EXISTENCE, USE, GENERATION, STORAGE OR DISPOSAL OF HAZARDOUS
MATERIALS (AS DEFINED IN SECTION 6.1.3 HEREOF) ON, IN OR ABOUT THE PREMISES, THE
LOT OR ANY COMMON FACILITIES APPURTENANT THERETO OR ANY SURROUNDING AREA IF THE
SAME IS CAUSED BY TENANT OR ANY AGENT, EMPLOYEE, CONTRACTOR, LICENSEE, SUBLESSEE
OR INVITEE OF TENANT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITIES,
LOSSES, DAMAGES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND
EXPENSES), CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS OR JUDGMENTS OF ANY NATURE
ARISING FROM OR RELATED TO REMOVAL OF OR OTHER REMEDIATION RESPECTING ANY AND
ALL SUCH
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Hazardous Materials to the extent caused by Tenant, or any agent, employee,
contractor, licensee, sublessee or invitee of Tenant.
6.1.8
TENANT'S INSURANCE.
TO MAINTAIN THE FOLLOWING INSURANCE THROUGHOUT
THE TERM:
(I) BUILDER'S RISK INSURANCE DURING ANY PERIOD OF CONSTRUCTION OF
ALTERATIONS AND ADDITIONS BY TENANT, INCLUDING WITHOUT LIMITATION THE INITIAL
TENANT IMPROVEMENTS, AND "ALL RISK" OR SPECIAL FORM PROPERTY INSURANCE
INCLUDING, BUT NOT LIMITED TO, FIRE, EXTENDED COVERAGE, VANDALISM AND MALICIOUS
MISCHIEF COVERAGE UPON ALL PROPERTY OWNED BY TENANT AND LOCATED IN THE BUILDING,
ALL INITIAL TENANT IMPROVEMENTS AND ANY ALTERATIONS AND ADDITIONS UNDERTAKEN BY
TENANT, ALL IN THE FULL REPLACEMENT COST THEREOF; (II) EXTRA EXPENSE OR, IF
APPLICABLE, BUSINESS INCOME INSURANCE IN AN AMOUNT SUFFICIENT TO REIMBURSE
TENANT FOR LOSS OF USE OF THE PREMISES ATTRIBUTABLE TO THE PREVENTION OF ACCESS
TO THE BUILDING OR PREMISES AS A RESULT OF THE PERILS INSURED IN CLAUSE (I)
ABOVE; (III) COMMERCIAL GENERAL LIABILITY INSURANCE TO INCLUDE PERSONAL INJURY,
BODILY INJURY, PROPERTY DAMAGE LIABILITY (WITH A BROADENING ENDORSEMENT),
PREMISES/OPERATIONS, BLANKET CONTRACTUAL LIABILITY, IN LIMITS NOT LESS THAN
THREE MILLION DOLLARS ($3,000,000.00) PER OCCURRENCE, INCLUSIVE WITH A
DEDUCTIBLE NOT TO EXCEED ONE HUNDRED THOUSAND ($100,000) DOLLARS; THE LIMIT CAN
BE SATISFIED THROUGH A COMBINATION OF A PRIMARY GENERAL LIABILITY POLICY AND AN
UMBRELLA LIABILITY POLICY; (IV) WORKERS' COMPENSATION INSURANCE WITH LIMITS AT
LEAST AS REQUIRED BY APPLICABLE LAW AND EMPLOYERS LIABILITY INSURANCE WITH
LIMITS OF AT LEAST $1,000,000 EACH ACCIDENT, $1,000,000 EACH EMPLOYEE, AND
$1,000,000 POLICY LIMIT FOR DISEASE; AND (V) BUSINESS INTERRUPTION INSURANCE AS
PRESENTLY CARRIED BY TENANT OR SUCH HIGHER AMOUNTS AS LANDLORD MAY REASONABLY
REQUIRE.
THE LANDLORD SHALL HAVE THE RIGHT FROM TIME TO TIME TO REQUIRE
ADDITIONAL INSURANCE OR COVERAGES OR INCREASE SUCH MINIMUM LIMITS AS LANDLORD
MAY REASONABLY REQUIRE, UPON NOTICE TO THE TENANT.
All policies shall be taken out with insurers acceptable to Landlord, in form
reasonably satisfactory to Landlord, and shall (i) include Landlord, Manager and
any mortgagee of Landlord as additional insureds, as their interests may appear,
(ii) be written on an occurrence based form, (iii) contain a waiver of any