OF THE CASUALTY UNTIL SUBSTANTIAL COMPLETION OF THE RECONSTRUCTION
REPAIRS; AND THIS LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT FOR THE BALANCE
OF THE TERM.
LANDLORD SHALL USE REASONABLE DILIGENCE IN COMPLETING SUCH
RECONSTRUCTION REPAIRS, BUT IN THE EVENT LANDLORD FAILS TO COMPLETE THE SAME
WITHIN TWO HUNDRED (200) DAYS FROM THE DATE OF THE CASUALTY, TENANT MAY, AT ITS
OPTION, TERMINATE THIS LEASE UPON GIVING LANDLORD WRITTEN NOTICE TO THAT EFFECT,
WHEREUPON BOTH PARTIES SHALL BE RELEASED FROM ALL FURTHER OBLIGATIONS AND
LIABILITY HEREUNDER.
(D)
CASUALTY INSURANCE.
LANDLORD SHALL BE
RESPONSIBLE FOR INSURING AND SHALL AT ALL TIMES DURING THE TERM CARRY, AS AN
OPERATING EXPENSE OF THE PROJECT, A POLICY OF INSURANCE WHICH INSURES THE
PROJECT, INCLUDING THE PREMISES, AGAINST LOSS OR DAMAGE BY FIRE OR OTHER
CASUALTY (NAMELY, THE PERILS AGAINST WHICH INSURANCE IS AFFORDED BY THE STANDARD
FIRE INSURANCE POLICY AND EXTENDED COVERAGE ENDORSEMENT); PROVIDED, HOWEVER,
THAT LANDLORD SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE OBLIGATED TO INSURE
AGAINST, ANY LOSS OR DAMAGE TO PERSONAL PROPERTY (INCLUDING, BUT NOT LIMITED TO,
ANY FURNITURE, MACHINERY, EQUIPMENT, GOODS OR SUPPLIES) OF TENANT OR WHICH
TENANT MAY HAVE ON THE PREMISES OR ANY TRADE FIXTURES INSTALLED BY OR PAID FOR
BY TENANT ON THE PREMISES OR ANY ADDITIONAL IMPROVEMENTS WHICH TENANT MAY
CONSTRUCT ON THE PREMISES.
IF TENANT'S OPERATION OR THE TENANT FINISH
IMPROVEMENTS INSTALLED BY LANDLORD PURSUANT TO THE PROVISIONS OF PARAGRAPH 5(A)
HEREOF OR ANY ALTERATIONS OR IMPROVEMENTS MADE BY TENANT PURSUANT TO THE
PROVISIONS OF PARAGRAPH 11(C) HEREOF ARE SUBSTANTIALLY DIFFERENT FROM THE TENANT
IMPROVEMENTS DESCRIBED IN EXHIBIT "C" AND RESULT IN AN INCREASE IN THE PREMIUMS
CHARGED DURING THE TERM ON THE CASUALTY INSURANCE CARRIED BY LANDLORD ON THE
PROJECT, THEN THE COST OF SUCH INCREASE IN INSURANCE PREMIUMS SHALL BE BORNE BY
TENANT, WHO SHALL REIMBURSE LANDLORD FOR THE SAME AS ADDITIONAL RENT AFTER BEING
BILLED THEREFORE.
TENANT SHALL AT ALL TIMES DURING THE TERM, CARRY, AT ITS OWN
EXPENSE, PROPERTY INSURANCE COVERING ITS PERSONAL PROPERTY, TRADE FIXTURES
INSTALLED BY OR PAID FOR BY TENANT OR ANY ADDITIONAL IMPROVEMENTS WHICH TENANT
MAY CONSTRUCT ON THE PREMISES WHICH COVERAGE SHALL BE NO LESS THAN EIGHTY
PERCENT (80%) OF REPLACEMENT VALUE.
TENANT SHALL ALSO CARRY BUSINESS
INTERRUPTION INSURANCE ON SUCH TERMS AS SHALL BE REASONABLY SATISFACTORY TO
LANDLORD.
TENANT SHALL FURNISH LANDLORD WITH A CERTIFICATE EVIDENCING THAT SUCH
COVERAGES ARE IN FULL FORCE AND EFFECT.
(E)
WAIVER OF SUBROGATION.
LANDLORD AND TENANT
HEREBY RELEASE EACH OTHER AND EACH OTHER'S EMPLOYEES, AGENTS, CUSTOMERS AND
INVITEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY TO PROPERTY
OCCURRING IN, ON OR ABOUT OR TO THE PREMISES, IMPROVEMENTS TO THE PROJECT OR
PERSONAL PROPERTY WITHIN THE PROJECT, BY REASON OF FIRE OR OTHER CASUALTY WHICH
ARE COVERED BY APPLICABLE STANDARD FIRE AND EXTENDED COVERAGE INSURANCE
POLICIES.
BECAUSE THE PROVISIONS OF THIS PARAGRAPH WILL PRECLUDE THE ASSIGNMENT
OF ANY CLAIM MENTIONED HEREIN BY WAY OF SUBROGATION OR OTHERWISE TO AN INSURANCE
COMPANY OR ANY OTHER