RENT OR OPERATE TO RELEASE TENANT
FROM ANY OF TENANT'S OBLIGATIONS UNDER THIS LEASE AGREEMENT.
4.06
NON-DUPLICATION OF ADDITIONAL RENT.
NOTWITHSTANDING TENANT'S
OBLIGATION TO PAY ALL IMPOSITIONS AND OTHER ADDITIONAL RENT IN ACCORDANCE WITH
THE TERMS HEREOF, TENANT SHALL NOT PAY ANY AMOUNT OWED THAT IS DUPLICATIVE OF AN
OBLIGATION THAT TENANT IS REQUIRED TO PAY AS AN IMPOSITION OR OTHER CATEGORY OF
ADDITIONAL RENT UNDER THE GROUND LEASE AGREEMENT.
ARTICLE V
INSURANCE
5.01
PROPERTY INSURANCE.
TENANT, AT TENANT'S EXPENSE, SHALL KEEP, OR
CAUSE THERE TO BE KEPT, THE LEASED PROPERTY, INCLUDING THE IMPROVEMENTS,
FIXTURES, AND OTHER COMPONENTS OF THE LEASED PROPERTY INSURED AGAINST THE
FOLLOWING RISKS:
(A)
LOSS OR DAMAGE BY FIRE, VANDALISM AND MALICIOUS MISCHIEF,
SPRINKLER LEAKAGE AND ALL OTHER PHYSICAL LOSS PERILS COMMONLY COVERED BY
"SPECIAL PERILS" OR "SPECIAL FORM" INSURANCE (FORMERLY KNOWN AS "ALL RISK"
INSURANCE) IN AN AMOUNT NOT LESS THAN ONE HUNDRED PERCENT (100%) OF THE THEN
FULL REPLACEMENT COST THEREOF (AS HEREINAFTER DEFINED).
SUCH POLICY SHALL
INCLUDE AN AGREED-AMOUNT ENDORSEMENT IN FORM AND AMOUNT ACCEPTABLE TO LANDLORD.
SUCH POLICY SHALL ALSO INCLUDE ENDORSEMENTS FOR CONTINGENT LIABILITY FOR
ORDINANCE OR LAW COVERAGE WITH WORDING PROVIDED TO COVER THE ENFORCEMENT OF
OPERATION OF BUILDING AND ZONING LAWS, DEMOLITION AND REMOVAL COSTS OF UNDAMAGED
PARTS OF THE STRUCTURE, AND INCREASED COST OF REPAIRS OR RECONSTRUCTION.
(B)
LOSS OR DAMAGE BY EXPLOSION OF STEAM BOILERS, PRESSURE VESSELS, OR
SIMILAR APPARATUS, NOW OR HEREAFTER INSTALLED ON THE LEASED PROPERTY, IN
COMMERCIALLY REASONABLE AMOUNTS REASONABLY ACCEPTABLE TO LANDLORD.
(C)
LOSS OF 100% OF THE RENT PAYABLE BY TENANT UNDER A RENTAL VALUE
COVERAGE OR ENDORSEMENT TO PROPERTY POLICY COVERING RISK OF LOSS FOR A PERIOD OF
AT LEAST THE FIRST TWELVE (12) MONTHS OF THE TERM TO COMPENSATE LANDLORD FOR ANY
RENT ABATEMENT NECESSITATED BY THE OCCURRENCE OF ANY HAZARDS DESCRIBED IN
SECTIONS 5.01(A) OR 5.01(B), ABOVE, AND WHICH CAUSES AN ABATEMENT OF RENT AS
PROVIDED IN ARTICLE XI HEREOF, IN AN AMOUNT SUFFICIENT TO PREVENT LANDLORD OR
TENANT FROM BECOMING A CO-INSURER, CONTAINING ENDORSEMENTS FOR EXTENDED PERIOD
OF INDEMNITY AND PREMIUM ADJUSTMENT, AND WRITTEN WITH AN AGREED-AMOUNT CLAUSE.
13
(D)
IF THE LAND IS LOCATED IN WHOLE OR IN PART WITHIN A DESIGNATED
FLOOD PLAIN AREA, LOSS OR DAMAGE CAUSED BY FLOOD IN COMMERCIALLY REASONABLE
AMOUNTS ACCEPTABLE TO LANDLORD.
(E)
IF THE LAND IS LOCATED IN WHOLE OR IN PART WITHIN AN EARTHQUAKE
ZONE AREA, LOSS OR DAMAGE CAUSED BY EARTHQUAKE IN COMMERCIALLY REASONABLY
AMOUNTS ACCEPTABLE TO LANDLORD.
(F)
LOSS OR DAMAGE COMMONLY COVERED BY BLANKET CRIME INSURANCE
INCLUDING EMPLOYEE DISHONESTY, LOSS OF MONEY ORDERS OR PAPER CURRENCY,
DEPOSITOR'S FORGERY, AND LOSS OF PROPERTY ACCEPTED BY TENANT FOR SAFEKEEPING, IN
COMMERCIALLY REASONABLE AMOUNTS ACCEPTABLE TO LANDLORD.
(G)
IN CONNECTION WITH ANY REPAIRS OR REBUILDING BY TENANT UNDER
ARTICLE XI HEREOF, TENANT SHALL MAINTAIN (OR CAUSE ITS CONTRACTOR TO MAINTAIN)
APPROPRIATE BUILDER'S RISK INSURANCE OR EQUIVALENT POLICY FORM COVERING ANY LOSS
OR CASUALTY TO THE SUBJECT IMPROVEMENTS DURING THE COURSE OF SUCH REPAIRS OR
REBUILDING.
5.02
LIABILITY INSURANCE.