ADVERSELY AFFECTED OR PREJUDICED THEREBY, TENANT
HEREBY WAIVES ANY AND ALL RIGHT OF RECOVERY WHICH IT MIGHT OTHERWISE HAVE
AGAINST LANDLORD, ITS SERVANTS, AND EMPLOYEES, AND AGAINST EVERY OTHER TENANT AT
THE PROPERTY WHO SHALL HAVE EXECUTED A SIMILAR WAIVER AS SET FORTH IN THIS
SECTION 9.08(B) FOR LOSS OR DAMAGE TO TENANT'S FURNITURE, FURNISHINGS, FIXTURES
AND OTHER PROPERTY REMOVABLE BY TENANT UNDER THE PROVISIONS HEREOF TO THE EXTENT
THAT SAME (I) IS COVERED BY TENANT'S INSURANCE OR (II) EXCEEDS THE PORTION OF
TENANT'S DEDUCTIBLE ABOVE $25,000 (EVEN THOUGH LANDLORD HAS CONSENTED IN
SECTION 9.09 BELOW TO A HIGHER DEDUCTIBLE), NOTWITHSTANDING THAT SUCH LOSS OR
DAMAGE MAY RESULT FROM THE NEGLIGENCE OR FAULT OF LANDLORD, ITS SERVANTS, AGENTS
OR EMPLOYEES, OR SUCH OTHER TENANT AND THE SERVANTS, AGENTS OR EMPLOYEES
THEREOF.
9.09
TENANT COVENANTS AND AGREES TO PROVIDE, AT ITS EXPENSE, ON OR
BEFORE THE COMMENCEMENT DATE AND TO KEEP IN FORCE DURING THE TERM, NAMING
LANDLORD, MACK-CALI REALTY CORPORATION AND LANDLORD'S AGENTS AS ADDITIONAL
INSURED PARTIES AND TENANT AS THE INSURED PARTY (A) A COMMERCIAL GENERAL
LIABILITY INSURANCE POLICY WRITTEN ON AN OCCURRENCE FORM (HEREINAFTER
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REFERRED TO AS A "LIABILITY POLICY"), INCLUDING, WITHOUT LIMITATION, BLANKET
CONTRACTUAL LIABILITY COVERAGE, PREMISES-OPERATION, PRODUCTS/COMPLETED
OPERATIONS HAZARD, BROAD FORM PROPERTY DAMAGE, INDEPENDENT CONTRACTOR'S COVERAGE
AND PERSONAL INJURY COVERAGE PROTECTING LANDLORD, MACK-CALI REALTY CORPORATION,
LANDLORD'S AGENTS AND TENANT AGAINST ANY LIABILITY OCCASIONED BY ANY OCCURRENCE
ON OR ABOUT THE DEMISED PREMISES OR ANY APPURTENANCES THERETO, (B) A FIRE AND
OTHER CASUALTY POLICY (A "FIRE POLICY") INSURING THE FULL REPLACEMENT VALUE OF
TENANT'S LEASEHOLD IMPROVEMENTS PERFORMED BY OR ON BEHALF OF TENANT AND ALL OF
THE FURNITURE, TRADE FIXTURES AND OTHER PERSONAL PROPERTY OF TENANT LOCATED IN
THE DEMISED PREMISES AGAINST LOSS OR DAMAGE BY FIRE, THEFT, SPRINKLER LEAKAGE,
BOILER AND MACHINERY AND SUCH OTHER RISKS OR HAZARDS AS ARE INSURABLE UNDER
PRESENT AND FUTURE FORMS OF "ALL RISK" INSURANCE POLICIES, (C) BUSINESS
INTERRUPTION INSURANCE AND (D) WORKERS COMPENSATION AND EMPLOYEES LIABILITY
INSURANCE.
SUCH POLICIES ARE TO BE WRITTEN BY GOOD AND SOLVENT INSURANCE
COMPANIES LICENSED OR AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY
SATISFACTORY TO LANDLORD WITH A MINIMUM A.M. BEST'S RATING OF A/IX, AND SHALL BE
IN SUCH LIMITS AS LANDLORD MAY REASONABLY REQUIRE.
LANDLORD RESERVES THE RIGHT
TO REASONABLY INCREASE LIMITS AND ADJUST COVERAGES AS INDUSTRY STANDARDS
CHANGE.
AS OF THE DATE OF THIS LEASE LANDLORD REASONABLY REQUIRES LIMITS OF
LIABILITY UNDER (I) THE LIABILITY POLICY OF NOT LESS THAN $5,000,000 COMBINED
SINGLE LIMIT PER OCCURRENCE FOR BODILY OR PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE AND (II) THE FIRE POLICY EQUAL TO THE FULL REPLACEMENT COST OF
TENANT'S LEASEHOLD IMPROVEMENTS PERFORMED BY OR ON BEHALF OF TENANT AND ALL OF
THE FURNITURE, TRADE FIXTURES AND OTHER PERSONAL PROPERTY OF TENANT LOCATED AT
THE PROPERTY WITH A COMMERCIALLY REASONABLE DEDUCTIBLE, WHICH IS PRESENTLY
$250,000.
TENANT WILL FURNISH LANDLORD WITH SUCH INFORMATION AS LANDLORD MAY
REASONABLY REQUEST FROM TIME TO TIME AS TO THE VALUE OF THE ITEMS SPECIFIED