PROJECT, ARE INCLUDED AS ADDITIONAL
INSUREDS WITH RESPECT TO THE COMMERCIAL GENERAL LIABILITY INSURANCE AND A LOSS
PAYEE WITH RESPECT TO THE PROPERTY COVERAGE WITH RESPECT TO LANDLORD'S INTEREST
THEREIN, AND AN ENDORSEMENT WHEREBY THE INSURER AGREES TO ENDEAVOR TO PROVIDE AT
LEAST TEN (10) DAYS PRIOR WRITTEN NOTICE OF CANCELLATION TO LANDLORD AND ANY
MORTGAGEE OF LANDLORD NAMED AS AN ADDITIONAL INSURED OR LOSS PAYEE.
(D)
IN THE EVENT THAT TENANT FAILS TO PROVIDE EVIDENCE OF INSURANCE
REQUIRED TO BE PROVIDED BY TENANT UNDER THIS LEASE, PRIOR TO COMMENCEMENT OF THE
TERM, AND THEREAFTER DURING THE TERM, WITHIN TEN (10) DAYS FOLLOWING LANDLORD'S
REQUEST THEREFOR, AND TEN (10) DAYS PRIOR TO THE EXPIRATION DATE OF ANY SUCH
COVERAGE, LANDLORD SHALL BE AUTHORIZED (BUT NOT REQUIRED) TO PROCURE SUCH
COVERAGE IN THE AMOUNTS STATED WITH ALL COSTS THEREOF (PLUS A TEN PERCENT (10%)
ADMINISTRATIVE FEE) TO BE CHARGEABLE TO TENANT AND PAYABLE UPON WRITTEN INVOICE
THEREFOR, WHICH AMOUNTS SHALL BE DEEMED ADDITIONAL RENT HEREUNDER.
28
(E)
THE MINIMUM LIMITS OF INSURANCE REQUIRED BY THIS LEASE, OR AS
CARRIED BY TENANT, SHALL NOT LIMIT THE LIABILITY OF TENANT NOR RELIEVE TENANT OF
ANY OBLIGATION HEREUNDER.
11.3
LANDLORD INSURANCE.
DURING THE TERM OF THIS LEASE LANDLORD SHALL
MAINTAIN PROPERTY INSURANCE IN SO CALLED "SPECIAL FORM" OR "SPECIAL PERILS" FORM
COVERING THE PROJECT (BUT EXCLUDING THE TENANT IMPROVEMENTS AND ALTERATIONS MADE
BY OR FOR TENANT) FOR THE FULL REPLACEMENT COST THEREOF, EXCLUDING FOOTINGS,
FOUNDATIONS AND BELOW-GRADE IMPROVEMENTS, WITH A DEDUCTIBLE PROVISION, IF ANY,
THAT DOES NOT MATERIALLY EXCEED THAT WHICH PRUDENT, EFFICIENT OPERATORS OF FIRST
CLASS LOW RISE OFFICE BUILDINGS IN THE DOWNTOWN SAN FRANCISCO WOULD CARRY FROM
TIME TO TIME IN THE EXERCISE OF REASONABLE BUSINESS JUDGMENT.
11.4
INDEMNITY AND EXONERATION.
(A)
LANDLORD AND LANDLORD'S AGENTS AND EMPLOYEES SHALL NOT BE LIABLE
TO TENANT, NOR TO TENANT'S EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS,
INVITEES, SUBTENANTS OR LICENSEES (EACH, A "TENANT PARTY"), NOR TO ANY OTHER
PERSON WHOMSOEVER, FOR ANY INJURY TO PERSON OR DAMAGE TO PROPERTY CAUSED BY:
(A) THE PREMISES OR OTHER PORTIONS OF THE PROJECT BECOMING OUT OF REPAIR,
(B) ANY DEFECT OR FAILURE OF ANY STRUCTURAL ELEMENT OF THE PREMISES OR OF ANY
EQUIPMENT, PIPES OR WIRING, OR BROKEN GLASS; (C) THE BACKING UP OF DRAINS,
(D) GAS, WATER, STEAM, ELECTRICITY, OR OIL LEAKING, ESCAPING OR FLOWING INTO THE
PREMISES; OR (E) THE ACTS OR OMISSIONS OF OTHER TENANTS OF THE BUILDING OR OF
ANY OTHER PERSONS WHOMSOEVER, EXCEPTING ONLY LOSS OR DAMAGE TO THE EXTENT CAUSED
BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ITS AGENTS OR
CONTRACTORS. FURTHER, LANDLORD SHALL NOT BE LIABLE TO TENANT, ANY TENANT PARTY,
OR TO ANY OTHER PERSON WHOMSOEVER, FOR ANY INJURY TO PERSON OR DAMAGE TO
PROPERTY ON OR ABOUT THE PREMISES OR THE COMMON AREA CAUSED BY: (I) THE
NEGLIGENCE OR MISCONDUCT OF TENANT, ANY TENANT PARTY, OR ANY OTHER PERSON
ENTERING THE BUILDING UNDER EXPRESS OR IMPLIED INVITATION OF TENANT (WITH THE
EXCEPTION OF INVITEES IN THE COMMON