REPUTABLE INSURANCE COMPANIES AUTHORIZED TO DO BUSINESS IN THE STATE AND HAVING
A GENERAL POLICY HOLDER'S RATING OF NO LESS THAN A IN BEST'S LATEST RATING
GUIDE.
ALL PROPERTY, BUSINESS INTERRUPTION, LIABILITY AND FLOOD INSURANCE
POLICIES WITH RESPECT TO EACH PROPERTY SHALL INCLUDE NO DEDUCTIBLE IN EXCESS OF
FIVE HUNDRED THOUSAND DOLLARS ($500,000).
AT ALL TIMES, ALL PROPERTY, BUSINESS
INTERRUPTION, LIABILITY AND FLOOD INSURANCE POLICIES, WITH THE EXCEPTION OF
WORKER'S COMPENSATION INSURANCE COVERAGE, SHALL NAME LANDLORD AND ANY PROPERTY
MORTGAGEE AS ADDITIONAL INSUREDS, AS THEIR INTERESTS MAY APPEAR.
ALL LOSS
ADJUSTMENTS SHALL BE PAYABLE AS PROVIDED IN ARTICLE 10, EXCEPT THAT LOSSES UNDER
LIABILITY AND WORKER'S COMPENSATION INSURANCE POLICIES SHALL BE PAYABLE DIRECTLY
TO THE PARTY ENTITLED THERETO.
TENANT SHALL CAUSE ALL INSURANCE PREMIUMS TO BE
PAID AND SHALL DELIVER (OR CAUSE TO BE DELIVERED) POLICIES OR CERTIFICATES
THEREOF TO LANDLORD PRIOR TO THEIR EFFECTIVE DATE (AND, WITH RESPECT TO ANY
RENEWAL POLICY, PRIOR TO THE EXPIRATION OF THE EXISTING POLICY).
ALL SUCH
POLICIES SHALL PROVIDE LANDLORD (AND ANY PROPERTY
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MORTGAGEE IF REQUIRED BY THE SAME) THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ANY
MATERIAL CHANGE OR CANCELLATION OF SUCH POLICY.
IN THE EVENT TENANT SHALL FAIL
TO EFFECT (OR CAUSE TO BE EFFECTED) SUCH INSURANCE AS HEREIN REQUIRED, TO PAY
(OR CAUSE TO BE PAID) THE PREMIUMS THEREFOR OR TO DELIVER (OR CAUSE TO BE
DELIVERED) SUCH POLICIES OR CERTIFICATES TO LANDLORD OR ANY PROPERTY MORTGAGEE
AT THE TIMES REQUIRED, LANDLORD SHALL HAVE THE RIGHT, UPON NOTICE TO TENANT, BUT
NOT THE OBLIGATION, TO ACQUIRE SUCH INSURANCE AND PAY THE PREMIUMS THEREFOR,
WHICH AMOUNTS SHALL BE PAYABLE TO LANDLORD, UPON DEMAND, AS ADDITIONAL CHARGES,
TOGETHER WITH INTEREST ACCRUED THEREON AT THE OVERDUE RATE FROM THE DATE SUCH
PAYMENT IS MADE UNTIL (BUT EXCLUDING) THE DATE REPAID.
9.4
NO SEPARATE INSURANCE; SELF-INSURANCE.
TENANT SHALL NOT TAKE (OR PERMIT
ANY PERSON TO TAKE) OUT SEPARATE INSURANCE, CONCURRENT IN FORM OR CONTRIBUTING
IN THE EVENT OF LOSS WITH THAT REQUIRED BY THIS ARTICLE 9, OR INCREASE THE
AMOUNT OF ANY EXISTING INSURANCE BY SECURING AN ADDITIONAL POLICY OR ADDITIONAL
POLICIES, UNLESS ALL PARTIES HAVING AN INSURABLE INTEREST IN THE SUBJECT MATTER
OF SUCH INSURANCE, INCLUDING LANDLORD AND ALL PROPERTY MORTGAGEES, ARE INCLUDED
THEREIN AS ADDITIONAL INSUREDS AND THE LOSS IS PAYABLE UNDER SUCH INSURANCE IN
THE SAME MANNER AS LOSSES ARE PAYABLE UNDER THIS AGREEMENT.
IN THE EVENT TENANT
SHALL TAKE OUT ANY SUCH SEPARATE INSURANCE OR INCREASE ANY OF THE AMOUNTS OF THE
THEN EXISTING INSURANCE, TENANT SHALL GIVE LANDLORD PROMPT NOTICE THEREOF.
TENANT SHALL NOT SELF-INSURE (OR PERMIT ANY PERSON TO SELF-INSURE).
9.5
INDEMNIFICATION OF LANDLORD.
NOTWITHSTANDING THE EXISTENCE OF ANY
INSURANCE PROVIDED FOR HEREIN AND WITHOUT REGARD TO THE POLICY LIMITS OF ANY
SUCH INSURANCE, TENANT SHALL PROTECT, INDEMNIFY AND HOLD HARMLESS LANDLORD FOR,
FROM AND AGAINST ALL LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES,
CAUSES OF ACTION, COSTS AND REASONABLE EXPENSES (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS' FEES), TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPOSED
UPON OR INCURRED