IN
CLAUSE (II) ABOVE WITHIN TEN (10) DAYS AFTER REQUEST THEREFOR.
SUCH INSURANCE
MAY BE CARRIED (X) UNDER A BLANKET POLICY COVERING THE DEMISED PREMISES AND
OTHER LOCATIONS OF TENANT, IF ANY, PROVIDED THAT EACH SUCH POLICY SHALL IN ALL
RESPECTS COMPLY WITH THIS ARTICLE AND SHALL SPECIFY THAT THE PORTION OF THE
TOTAL COVERAGE OF SUCH POLICY THAT IS ALLOCATED TO THE DEMISED PREMISES IS IN
THE AMOUNTS REQUIRED PURSUANT TO THIS SECTION 9.09 AND (Y) UNDER A PRIMARY
LIABILITY POLICY OF NOT LESS THAN $1,000,000 AND THE BALANCE UNDER AN UMBRELLA
POLICY.
PRIOR TO THE TIME SUCH INSURANCE IS FIRST REQUIRED TO BE CARRIED BY
TENANT AND THEREAFTER UPON THE EFFECTIVE DATE OF ANY SUCH POLICY TENANT SHALL
DELIVER TO LANDLORD A CERTIFICATE EVIDENCING SUCH INSURANCE.
SAID CERTIFICATE
SHALL CONTAIN AN ENDORSEMENT THAT THE INSURANCE COMPANY WILL ENDEAVOR TO PROVIDE
THIRTY (30) DAYS' PRIOR NOTICE TO LANDLORD PRIOR TO ANY CANCELLATION OF TENANT'S
INSURANCE.
ALL INSURANCE POLICIES CARRIED BY TENANT SHALL BE WRITTEN AS PRIMARY
POLICIES, NOT CONTRIBUTING WITH OR SECONDARY TO COVERAGE WHICH LANDLORD
CARRIES.
TENANT'S FAILURE TO PROVIDE AND KEEP IN FORCE THE AFOREMENTIONED
INSURANCE SHALL BE REGARDED AS A MATERIAL DEFAULT HEREUNDER ENTITLING LANDLORD
TO EXERCISE ANY OR ALL OF THE REMEDIES PROVIDED IN THIS LEASE IN THE EVENT OF
TENANT'S DEFAULT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
LEASE, THE CARRYING OF INSURANCE BY TENANT IN COMPLIANCE WITH THIS SECTION 9.09
SHALL NOT MODIFY, REDUCE, LIMIT OR IMPAIR TENANT'S OBLIGATIONS AND LIABILITY
UNDER ARTICLE 38 HEREOF.
9.10
DURING THE TERM, LANDLORD SHALL MAINTAIN A FIRE POLICY INSURING THE
FULL REPLACEMENT VALUE OF THE BUILDING (EXCLUSIVE OF THE COST OF FOUNDATIONS AND
EXCAVATIONS) WHICH MAY, AT LANDLORD'S SOLE DISCRETION, BE MAINTAINED UNDER A
BLANKET POLICY, WITH SUCH DEDUCTIBLES AS LANDLORD DEEMS APPROPRIATE.
38
ARTICLE 10
DAMAGE BY FIRE OR OTHER CAUSE
10.01
IF THE BUILDING OR THE DEMISED PREMISES SHALL BE PARTIALLY OR
TOTALLY DAMAGED OR DESTROYED BY FIRE OR OTHER CAUSE (AND IF THIS LEASE SHALL NOT
HAVE BEEN TERMINATED AS IN THIS ARTICLE 10 HEREINAFTER PROVIDED), LANDLORD SHALL
REPAIR THE DAMAGE AND RESTORE AND REBUILD THE BUILDING AND/OR THE DEMISED
PREMISES, EXCEPT FOR TENANT'S INITIAL WORK, ALL OTHER 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, AT ITS EXPENSE WITH
REASONABLE DISPATCH AFTER NOTICE TO IT OF THE DAMAGE OR DESTRUCTION AND THE
COLLECTION OF THE INSURANCE PROCEEDS ATTRIBUTABLE TO SUCH DAMAGE.
10.02
IF THE BUILDING OR THE DEMISED PREMISES SHALL BE DAMAGED OR
DESTROYED BY FIRE OR OTHER CAUSE, THEN THE RENTS PAYABLE HEREUNDER SHALL BE
ABATED TO THE EXTENT THAT THE DEMISED PREMISES SHALL HAVE BEEN RENDERED
UNTENANTABLE OR INACCESSIBLE FOR THE PERIOD FROM THE DATE OF SUCH DAMAGE OR
DESTRUCTION TO THE DATE THE DAMAGE SHALL BE REPAIRED OR RESTORED, SUCH ABATEMENT
TO BE GRANTED ON A PRO RATA BASIS IF ONLY A PORTION OF THE DEMISED PREMISES IS
RENDERED