OPERATE TO RELIEVE LESSEE FROM ITS OBLIGATIONS HEREUNDER
AND SHALL NOT CAUSE THE SALE OR RISK THE LOSS OF THE LEASED PROPERTY, OR ANY
PART THEREOF, OR CAUSE LESSOR OR LESSEE TO BE IN DEFAULT UNDER ANY MORTGAGE,
DEED OF TRUST OR SECURITY DEED ENCUMBERING THE LEASED PROPERTY OR ANY INTEREST
THEREIN.
UPON THE REQUEST OF LESSOR, LESSEE SHALL EITHER (A) PROVIDE A BOND OR
OTHER ASSURANCE REASONABLY SATISFACTORY TO LESSOR THAT ALL CLAIMS WHICH MAY BE
ASSESSED AGAINST THE LEASED PROPERTY TOGETHER WITH INTEREST AND PENALTIES, IF
ANY, THEREON WILL BE PAID, OR (B) DEPOSIT WITHIN THE TIME OTHERWISE REQUIRED FOR
PAYMENT WITH A BANK OR TRUST COMPANY AS TRUSTEE UPON TERMS REASONABLY
SATISFACTORY TO LESSOR, AS SECURITY FOR THE PAYMENT OF SUCH CLAIMS, MONEY IN AN
AMOUNT SUFFICIENT TO PAY THE SAME, TOGETHER WITH INTEREST AND PENALTIES IN
CONNECTION THEREWITH, AS TO ALL CLAIMS WHICH MAY BE ASSESSED AGAINST OR BECOME A
CLAIM ON THE LEASED PROPERTY, OR ANY PART THEREOF, IN SAID LEGAL PROCEEDINGS.
LESSEE SHALL FURNISH LESSOR AND ANY LENDER OF LESSOR WITH REASONABLE EVIDENCE OF
SUCH DEPOSIT WITHIN FIVE DAYS OF THE SAME.
LESSOR AGREES TO JOIN IN ANY SUCH
PROCEEDINGS IF THE SAME BE REQUIRED TO LEGALLY PROSECUTE SUCH CONTEST OF THE
VALIDITY OF SUCH CLAIMS; PROVIDED,
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HOWEVER, THAT LESSOR SHALL NOT THEREBY BE SUBJECTED TO ANY LIABILITY FOR THE
PAYMENT OF ANY COSTS OR EXPENSES IN CONNECTION WITH ANY PROCEEDINGS BROUGHT BY
LESSEE; AND LESSEE COVENANTS TO INDEMNIFY AND SAVE HARMLESS LESSOR FROM ANY SUCH
COSTS OR EXPENSES.
LESSEE SHALL BE ENTITLED TO ANY REFUND OF ANY CLAIMS AND
SUCH CHARGES AND PENALTIES OR INTEREST THEREON WHICH HAVE BEEN PAID BY LESSEE OR
PAID BY LESSOR AND FOR WHICH LESSOR HAS BEEN FULLY REIMBURSED.
IN THE EVENT
THAT LESSEE FAILS TO PAY ANY CLAIMS WHEN DUE OR TO PROVIDE THE SECURITY THEREFOR
AS PROVIDED IN THIS PARAGRAPH AND TO DILIGENTLY PROSECUTE ANY CONTEST OF THE
SAME, LESSOR MAY, UPON TEN DAYS ADVANCE WRITTEN NOTICE TO LESSEE, PAY SUCH
CHARGES TOGETHER WITH ANY INTEREST AND PENALTIES AND THE SAME SHALL BE REPAYABLE
BY LESSEE TO LESSOR AT THE NEXT RENT PAYMENT DATE PROVIDED FOR IN THIS LEASE.
PROVIDED, HOWEVER, THAT SHOULD LESSOR REASONABLY DETERMINE THAT THE GIVING OF
SUCH NOTICE WOULD RISK LOSS TO THE LEASED PROPERTY OR CAUSE DAMAGE TO LESSOR,
THEN LESSOR SHALL GIVE SUCH NOTICE AS IS PRACTICAL UNDER THE CIRCUMSTANCES.
LESSOR RESERVES THE RIGHT TO CONTEST AT ITS EXPENSE ANY OF THE CLAIMS NOT
PURSUED BY LESSEE.
LESSOR AND LESSEE AGREE TO COOPERATE IN COORDINATING THE
CONTEST OF ANY CLAIMS.
ARTICLE XIII
INSURANCE
13.1
LIABILITY INSURANCE.
SUBJECT TO THE TERMS OF THIS SECTION 13.1 AND
SECTION 13.4 BELOW, LESSEE SHALL, AT ALL TIMES DURING THE TERM OF THIS LEASE,
AND AT LESSEE'S COST AND EXPENSE, MAINTAIN THE FOLLOWING INSURANCE FOR THE
BENEFIT OF LESSEE AND LESSOR IN CONNECTION WITH THE LEASED PROPERTY:
(A)
COMMERCIAL GENERAL LIABILITY INSURANCE WITH LIMITS OF LIABILITY IN
AN AMOUNT NO LESS THAN FIFTY