BODILY INJURY, INCLUDING DEATH AND PERSONAL INJURY AND CLAIMS FOR
PROPERTY DAMAGE OCCURRING WITHIN THE PARK AND/OR THE BUILDING, SUCH INSURANCE
HAVING BODILY INJURY AND PROPERTY DAMAGE COMBINED LIMITS OF NOT LESS THAN FIVE
MILLION DOLLARS ($5,000,000) PER OCCURRENCE INCREASED AS NECESSARY SO AS TO BE
AT LEAST COMPARABLE WITH OTHER BUILDINGS SIMILAR TO THE BUILDING AND CUSTOMARILY
CARRIED BY OTHER LANDLORDS SIMILARLY SITUATED AS LANDLORD.
IN ADDITION,
LANDLORD SHALL PROCURE AND CONTINUE IN FORCE DURING THE TERM, AS THE SAME MAY BE
EXTENDED HEREUNDER, FIRE AND EXTENDED COVERAGE INSURANCE, INCLUDING VANDALISM,
SPRINKLER LEAKAGE AND MALICIOUS MISCHIEF, UPON THE BUILDING ON A FULL
REPLACEMENT COST BASIS, AGREED COST VALUE ENDORSEMENT WITH AGREED VALUES FOR THE
BUILDING AND TENANT IMPROVEMENTS INITIALLY INSTALLED BY LANDLORD (I.E.
THE
LANDLORD'S WORK), AS DETERMINED ANNUALLY BY THE LANDLORD'S INSURER.
LANDLORD
SHALL ALSO PROCURE AND CONTINUE IN FORCE DURING THE TERM, AS THE SAME MAY BE
EXTENDED HEREUNDER, RENTAL INTERRUPTION INSURANCE FOR TWELVE (12) MONTHS OR THE
MAXIMUM AMOUNTS PERMITTED.
COPIES OF CERTIFICATES OF INSURANCE EVIDENCING THE
FOREGOING SHALL BE FURNISHED TO TENANT, UPON TENANT'S REASONABLE REQUEST.
ALL
INSURANCE REQUIRED OF LANDLORD PURSUANT TO THIS SECTION SHALL BE EFFECTED UNDER
POLICIES ISSUED BY INSURERS OF RECOGNIZED RESPONSIBILITY (WHICH ARE RATED A OR
A+ BY BEST'S RATING SERVICE OR A COMPARABLE RATING BY AN EQUIVALENT SERVICE).
THE COVERAGES REQUIRED BY THIS SECTION 5.1.6 MAY BE PROVIDED BY A SINGLE
"PACKAGE POLICY" OR BY A COMBINATION OF "PACKAGE POLICY" AND UMBRELLA;
5.1.7
LANDLORD'S INDEMNITY - EXCEPT AS PROVIDED IN SECTION 6.1.7 OR IN
SECTION 10.12, WITHOUT REGARD TO THE INSURANCE CARRIED BY LANDLORD, LANDLORD
COVENANTS AND AGREES TO DEFEND, WITH COUNSEL REASONABLY ACCEPTABLE TO TENANT,
SAVE HARMLESS AND INDEMNIFY TENANT FROM ANY LIABILITY FOR INJURY, LOSS, ACCIDENT
OR DAMAGE TO ANY PERSON OR PROPERTY ON THE PREMISES, IN THE BUILDING, ON THE
LOT, OR ELSEWHERE IN THE PARK, AND FROM ANY CLAIMS, ACTIONS, PROCEEDINGS AND
REASONABLE EXPENSES AND COSTS IN CONNECTION THEREWITH (INCLUDING, WITHOUT
IMPLIED LIMITATION, REASONABLE COUNSEL FEES), TO THE EXTENT ARISING FROM THE
NEGLIGENT ACTS, OMISSIONS AND/OR WILLFUL ACTS OF LANDLORD, ITS EMPLOYEES,
CONTRACTORS, AGENTS, OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITATION, CLAIMS
MADE BY GCCI, ITS SUBCONTRACTORS OR THEIR EMPLOYEES IN CONNECTION WITH
LANDLORD'S WORK, AND NOT
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caused exclusively by the negligent acts, omissions and/or willful acts of
Tenant, in no event shall Landlord be obligated to indemnify Tenant for any
willful or negligent act or omission of Tenant or of any of Tenant's employees,
agents, contractors or licensees, which arise from and after the date of this
Lease.
The covenants and indemnifications hereunder shall survive the
expiration or earlier termination of this Lease;
5.1.8
HAZARDOUS MATERIALS - LANDLORD REPRESENTS AND WARRANTS THAT, TO THE
BEST OF LANDLORD'S KNOWLEDGE AS OF THE DATE OF THIS LEASE AND AS OF THE DATE OF
SUBSTANTIAL COMPLETION (I) THERE DOES NOT EXIST (AND WILL NOT EXIST AS OF THE
DATE OF SUBSTANTIAL COMPLETION) ANY LEAK, SPILL, RELEASE, DISCHARGE, EMISSIONS
OR DISPOSAL OF HAZARDOUS MATERIALS ON THE LOT (INCLUDING