CONTENT REASONABLY ACCEPTABLE TO LANDLORD; AND
(III) PROVIDE THAT SAID INSURANCE SHALL NOT BE CANCELED OR COVERAGE CHANGED
UNLESS THIRTY (30) DAYS' PRIOR WRITTEN NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD
AND ANY MORTGAGEE OF LANDLORD, THE IDENTITY OF WHOM HAS BEEN PROVIDED TO TENANT
IN WRITING.
TENANT SHALL DELIVER SAID POLICY OR POLICIES OR CERTIFICATES
THEREOF TO LANDLORD ON OR BEFORE THE LEASE COMMENCEMENT DATE AND AT LEAST THIRTY
(30) DAYS BEFORE THE EXPIRATION DATES THEREOF.
IN THE EVENT TENANT SHALL FAIL
TO PROCURE SUCH INSURANCE, OR TO DELIVER SUCH POLICIES OR CERTIFICATE, LANDLORD
MAY, AT ITS OPTION, AFTER WRITTEN NOTICE TO TENANT AND TENANT'S FAILURE TO
OBTAIN SUCH INSURANCE WITHIN FIVE (5) BUSINESS DAYS THEREAFTER, PROCURE SUCH
POLICIES FOR THE ACCOUNT OF TENANT, AND THE COST THEREOF SHALL BE PAID TO
LANDLORD WITHIN THIRTY (30) DAYS AFTER DELIVERY TO TENANT OF BILLS THEREFOR.
10.6
SUBROGATION.
LANDLORD AND TENANT INTEND THAT THEIR RESPECTIVE
PROPERTY LOSS RISKS SHALL BE BORNE BY REASONABLE INSURANCE CARRIERS TO THE
EXTENT ABOVE PROVIDED, AND LANDLORD AND TENANT HEREBY AGREE TO LOOK SOLELY TO,
AND SEEK RECOVERY ONLY FROM, THEIR RESPECTIVE INSURANCE CARRIERS IN THE EVENT OF
A PROPERTY LOSS TO THE EXTENT THAT SUCH COVERAGE IS AGREED TO BE PROVIDED
HEREUNDER.
THE PARTIES EACH HEREBY WAIVE ALL RIGHTS AND CLAIMS AGAINST EACH
OTHER FOR SUCH LOSSES, AND WAIVE ALL RIGHTS OF SUBROGATION OF THEIR RESPECTIVE
INSURERS, PROVIDED SUCH WAIVER OF SUBROGATION SHALL NOT AFFECT THE RIGHT TO THE
INSURED TO RECOVER THEREUNDER.
THE PARTIES AGREE THAT THEIR RESPECTIVE
INSURANCE POLICIES ARE NOW, OR SHALL BE, ENDORSED SUCH THAT THE WAIVER OF
SUBROGATION SHALL NOT AFFECT THE RIGHT OF THE INSURED TO RECOVER THEREUNDER, SO
LONG AS NO MATERIAL ADDITIONAL PREMIUM IS CHARGED THEREFOR.
10.7
ADDITIONAL INSURANCE OBLIGATIONS.
TENANT SHALL CARRY AND MAINTAIN
DURING THE ENTIRE LEASE TERM, AT TENANT'S SOLE COST AND EXPENSE, INCREASED
AMOUNTS OF THE INSURANCE REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THIS
ARTICLE 10 AND SUCH OTHER REASONABLE TYPES OF INSURANCE COVERAGE AND IN SUCH
REASONABLE AMOUNTS COVERING THE PREMISES AND TENANT'S OPERATIONS THEREIN, AS MAY
BE REASONABLY REQUESTED BY LANDLORD.
NOTWITHSTANDING THE FOREGOING, LANDLORD'S
REQUEST SHALL ONLY BE CONSIDERED REASONABLE IF SUCH INCREASED COVERAGE AMOUNTS
AND/OR SUCH NEW TYPES OF INSURANCE ARE CONSISTENT WITH THE REQUIREMENTS OF A
MAJORITY OF COMPARABLE BUILDINGS, AND LANDLORD SHALL NOT SO INCREASE THE
COVERAGE AMOUNTS OR REQUIRE ADDITIONAL TYPES OF INSURANCE DURING THE FIRST FIVE
(5) YEARS OF THE LEASE TERM AND THEREAFTER NO MORE OFTEN THAN ONE TIME IN ANY
FIVE (5) YEAR PERIOD.
35
*** CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND FILED
SEPARATELY WITH THE COMMISSION.
ARTICLE 11
DAMAGE AND DESTRUCTION
11.1
REPAIR OF DAMAGE TO PREMISES BY LANDLORD.
TENANT SHALL PROMPTLY
NOTIFY LANDLORD OF ANY DAMAGE TO THE PREMISES RESULTING FROM FIRE OR ANY OTHER
CASUALTY.
IF THE PREMISES OR ANY COMMON AREAS SERVING OR PROVIDING ACCESS TO
THE PREMISES SHALL BE DAMAGED BY FIRE OR OTHER CASUALTY, LANDLORD SHALL PROMPTLY
AND DILIGENTLY, SUBJECT TO