subordination, Tenant shall promptly execute and deliver any instrument,
in recordable form, as required by Landlord's mortgagee.
In the event of any
mortgagee electing to have the Lease Agreement a prior encumbrance to its
mortgage, then and in such event upon such mortgagee notifying Tenant to that
effect, this Lease Agreement shall be deemed prior in encumbrance to the said
mortgage, whether this Lease Agreement is dated prior to or subsequent to the
date of said mortgage.
ARTICLE 24 - INDEMNITY, INSURANCE AND SECURITY
A.
TENANT WILL KEEP IN FORCE AT ITS OWN EXPENSE FOR SO LONG AS
THIS LEASE AGREEMENT REMAINS IN EFFECT PUBLIC LIABILITY INSURANCE WITH RESPECT
TO THE PREMISES IN WHICH LANDLORD SHALL BE NAMED AS AN ADDITIONAL INSURED, IN
COMPANIES AND IN FORM ACCEPTABLE TO LANDLORD WITH A MINIMUM COMBINED LIMIT OF
LIABILITY OF TWO MILLION DOLLARS ($2,000,000.00).
THIS LIMIT SHALL APPLY PER
LOCATION.
SAID INSURANCE SHALL ALSO PROVIDE FOR CONTRACTUAL LIABILITY COVERAGE
BY ENDORSEMENT.
TENANT SHALL FURTHER PROVIDE FOR BUSINESS INTERRUPTION
INSURANCE TO COVER A PERIOD OF NOT LESS THAN SIX (6) MONTHS.
TENANT WILL
FURTHER DEPOSIT WITH LANDLORD THE POLICY OR POLICIES OF SUCH INSURANCE OR
CERTIFICATES THEREOF, OR OTHER ACCEPTABLE EVIDENCE THAT SUCH INSURANCE IS IN
EFFECT, WHICH EVIDENCE SHALL PROVIDE THAT LANDLORD SHALL BE NOTIFIED IN WRITING
THIRTY (30) DAYS PRIOR TO CANCELLATION, MATERIAL CHANGE, OR FAILURE TO RENEW THE
INSURANCE.
TENANT FURTHER COVENANTS AND AGREES TO INDEMNIFY AND HOLD LANDLORD
AND LANDLORD'S MANAGER OF THE BUILDING HARMLESS FOR ANY CLAIM, LOSS OR DAMAGE,
INCLUDING REASONABLE ATTORNEY'S FEES, SUFFERED BY LANDLORD, LANDLORD'S MANAGER
OR LANDLORD'S OTHER TENANTS CAUSED BY: I) ANY ACT OR OMISSION BY TENANT,
TENANT'S EMPLOYEES OR ANYONE CLAIMING THROUGH OR BY TENANT IN, AT, OR AROUND THE
PREMISES OR THE BUILDING; II) THE CONDUCT OR MANAGEMENT OF ANY WORK OR THING
WHATSOEVER DONE BY TENANT IN OR ABOUT THE PREMISES; OR III) TENANT'S FAILURE TO
COMPLY WITH ANY AND ALL GOVERNMENTAL LAWS, RULES, ORDINANCES OR REGULATIONS
APPLICABLE TO THE USE OF THE PREMISES AND ITS OCCUPANCY.
IF TENANT SHALL NOT
COMPLY WITH ITS COVENANTS MADE IN THIS ARTICLE 24, LANDLORD MAY, AT
4
its option, cause insurance as aforesaid to be issued and in such event Tenant
agrees to pay the premium for such insurance promptly upon Landlord's demand.
B.
TENANT SHALL BE RESPONSIBLE FOR THE SECURITY AND
SAFEGUARDING OF THE PREMISES AND ALL PROPERTY KEPT, STORED OR MAINTAINED IN THE
PREMISES.
LANDLORD WILL MAKE AVAILABLE TO TENANT, AT TENANT'S REQUEST, THE
PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE BUILDING AND THE PREMISES.
TENANT REPRESENTS THAT IT IS SATISFIED THAT THE CONSTRUCTION OF THE BUILDING AND
THE PREMISES, INCLUDING THE FLOORS, WALLS, WINDOWS, DOORS AND MEANS OF ACCESS
THERETO ARE SUITABLE FOR THE PARTICULAR NEEDS OF TENANT'S BUSINESS.
TENANT
FURTHER REPRESENTS THAT IT IS SATISFIED WITH THE SECURITY OF SAID BUILDING AND
PREMISES FOR THE PROTECTION OF ANY PROPERTY WHICH MAY BE OWNED, HELD, STORED OR
OTHERWISE CAUSED OR PERMITTED BY TENANT TO BE PRESENT UPON THE PREMISES.