PURPOSES
CAUSES ANY INCREASE IN THE PREMIUM FOR SUCH INSURANCE POLICIES THEN TENANT SHALL
REIMBURSE LANDLORD FOR ANY SUCH INCREASE. TENANT, AT TENANT'S EXPENSE, SHALL
COMPLY WITH ALL RULES, ORDERS, REGULATIONS OR REQUIREMENTS OF THE AMERICAN
INSURANCE ASSOCIATION (FORMERLY THE NATIONAL BOARD OF FIRE UNDERWRITERS) AND
WITH ANY SIMILAR BODY TO THE EXTENT APPLICABLE TO TENANT'S USE OF THE PREMISES.
AS PROVIDED IN SECTION 6.3 ABOVE, IF LANDLORD OBTAINS ANY INSURANCE COVERAGE OR
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EXPANDED SCOPE OF COVERAGE THAT WAS NOT INCLUDED IN THE INSURANCE POLICIES
MAINTAINED DURING THE BASE YEAR, THE OPERATING EXPENSES FOR THE BASE YEAR SHALL
BE ADJUSTED TO AN AMOUNT EQUAL TO THE OPERATING EXPENSES THAT WOULD HAVE BEEN
INCURRED HAD SUCH COVERAGE BEEN MAINTAINED DURING THE BASE YEAR.
7.3
FORM OF POLICIES.
THE MINIMUM LIMITS OF
POLICIES OF INSURANCE REQUIRED OF LANDLORD AND TENANT UNDER THIS LEASE SHALL IN
NO EVENT LIMIT THE LIABILITY OF LANDLORD AND TENANT UNDER THIS LEASE.
ALL
INSURANCE SHALL (I) BE ISSUED BY AN INSURANCE COMPANY HAVING A RATING OF NOT
LESS THAN A- VIII IN BEST'S INSURANCE GUIDE OR WHICH IS OTHERWISE ACCEPTABLE TO
LANDLORD AND LICENSED TO DO BUSINESS IN THE STATE OF CALIFORNIA; AND
(II) PROVIDE THAT SAID INSURANCE SHALL NOT BE CANCELED OR COVERAGE CHANGED
UNLESS THIRTY (30) DAYS' PRIOR WRITTEN NOTICE SHALL HAVE BEEN GIVEN TO THE OTHER
PARTY AND ANY MORTGAGEE OR GROUND OR UNDERLYING LESSOR OF LANDLORD.
IN
ADDITION, THE INSURANCE DESCRIBED IN SECTION 7.3.1 ABOVE SHALL (A) NAME
LANDLORD, AND ANY OTHER PARTY SPECIFIED BY LANDLORD, AS AN ADDITIONAL INSURED;
(B) SPECIFICALLY COVER THE LIABILITY ASSUMED BY TENANT UNDER THIS LEASE
INCLUDING, BUT NOT LIMITED TO, TENANT'S OBLIGATIONS UNDER SECTION 7.1 OF THIS
LEASE; (C) BE PRIMARY INSURANCE AS TO ALL CLAIMS THEREUNDER AND PROVIDE THAT ANY
INSURANCE REQUIRED BY LANDLORD IS EXCESS AND IS NON-CONTRIBUTING WITH ANY
INSURANCE REQUIREMENT OF TENANT; AND (D) CONTAIN A CROSS-LIABILITY ENDORSEMENT
OR SEVERABILITY OF INTEREST CLAUSE ACCEPTABLE TO LANDLORD.
TENANT SHALL DELIVER
SAID POLICY OR POLICIES OR CERTIFICATES THEREOF TO LANDLORD UPON EXECUTION OF
THIS LEASE 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
CERTIFICATE, LANDLORD MAY, AT ITS OPTION, PROCURE SUCH POLICIES FOR THE ACCOUNT
OF TENANT, AND THE COSTS OF IT SHALL BE PAID TO LANDLORD AS ADDITIONAL RENT
WITHIN FIFTEEN (15) DAYS AFTER DELIVERY TO TENANT OF BILLS THEREFOR.
7.4
WAIVER OF SUBROGATION.
LANDLORD AND TENANT
HEREBY MUTUALLY WAIVE ANY AND ALL RIGHTS OF RECOVERY AGAINST ONE ANOTHER FOR
REAL OR PERSONAL PROPERTY LOSS OR DAMAGE OCCURRING TO THE DEMISED PREMISES, OR
ANY PART THEREOF, OR ANY PERSONAL PROPERTY THEREIN FROM PERILS INSURED (OR
REQUIRED TO BE INSURED) AGAINST UNDER THE INSURANCE MAINTAINED HEREUNDER FOR THE
BENEFIT OF THE RESPECTIVE PARTIES, AND TO THE EXTENT THE PROCEEDS OF SUCH
INSURANCE ARE ACTUALLY RECOVERED, AND EACH SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO ASSURE THAT SUCH INSURANCE PERMITS WAIVER OF LIABILITY AND CONTAINS A
WAIVER OF