THOUSAND DOLLARS ($100,000). SUCH INSURANCE SHALL INCLUDE, BUT NOT NECESSARILY
BE LIMITED TO, SPECIFIC COVERAGE FOR CONTRACTUAL LIABILITY ENCOMPASSING THE
INDEMNIFICATION PROVISIONS IN PARAGRAPH 12, BROAD FORM PROPERTY DAMAGE
LIABILITY, PERSONAL INJURY LIABILITY, EXPLOSION AND COLLAPSE HAZARD COVERAGE,
AND PRODUCTS/COMPLETED OPERATIONS LIABILITY.
(B)
THE AMOUNTS OF INSURANCE REQUIRED IN THIS PARAGRAPH 14 MAY BE
SATISFIED BY SUBTENANT PURCHASING PRIMARY COVERAGE IN THE AMOUNTS SPECIFIED OR
BY BUYING A SEPARATE EXCESS UMBRELLA LIABILITY POLICY TOGETHER WITH LOWER LIMIT
PRIMARY UNDERLYING COVERAGE. THE STRUCTURE OF THE COVERAGE IS SUBTENANT'S
OPTION, SO LONG AS THE TOTAL AMOUNT OF INSURANCE MEETS THE REQUIREMENTS OF THIS
PARAGRAPH 14. THE COVERAGES DESCRIBED ABOVE AND ANY UMBRELLA OR EXCESS COVERAGE
SHOULD BE "OCCURRENCE" FORM POLICIES. THE INSURANCE REQUIREMENTS LISTED ABOVE
ARE MINIMUM REQUIREMENTS. SUBLANDLORD AND SUBTENANT SHALL ANNUALLY RENEGOTIATE
THESE MINIMUM INSURANCE REQUIREMENTS TO REFLECT INCREASES IN INSURED VALUES
WHERE APPLICABLE. FURTHER, NEITHER FAILURE TO COMPLY NOR FULL COMPLIANCE BY
EITHER PARTY WITH THE INSURANCE PROVISIONS OF THIS AGREEMENT SHALL LIMIT OR
RELIEVE SUBTENANT OR SUBLANDLORD FROM INDEMNIFYING AND HOLDING HARMLESS
SUBLANDLORD OR SUBTENANT, AS THE CASE MAY BE, IN COMPLIANCE WITH THE PROVISIONS
OF THIS AGREEMENT.
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(C)
SUBLANDLORD SHALL AT ITS EXPENSE OBTAIN AND MAINTAIN, OR CAUSE TO
BE OBTAINED AND MAINTAINED, INSURANCE COVERING ITS INTERESTS DURING THE TERM OF
THIS SUBLEASE.
(D)
UPON SUBLANDLORD'S REQUEST, CERTIFICATES OF INSURANCE EVIDENCING
THE COVERAGES REQUIRED ABOVE OF SUBTENANT SHALL BE FILED WITH SUBLANDLORD. SUCH
CERTIFICATES SHALL PROVIDE THAT THE INSURER WILL GIVE SUBLANDLORD THIRTY (30)
DAYS ADVANCE NOTICE OF ANY CHANGES IN OR CANCELLATION OF COVERAGE. SUBTENANT
SHALL NAME SUBLANDLORD AS AN ADDITIONAL INSURED UNDER ALL POLICIES OF INSURANCE
RELATING TO THE LEASED PREMISES
Neither failure of SUBTENANT or SUBLANDLORD to comply with any or all of the
insurance provisions of the Agreement, nor the failure to secure endorsements on
the policies as may be necessary to carry out the terms and provisions of the
Agreement, shall be construed to limit or relieve SUBTENANT or SUBLANDLORD from
any of its obligations under the Agreement, including the Insurance Article.
15.
WAIVER OF SUBROGATION. EACH PARTY HERETO, AND ANYONE CLAIMING
THROUGH OR UNDER THEM BY WAY OF SUBROGATION, WAIVES AND RELEASES ANY CAUSE OF
ACTION IT MIGHT HAVE AGAINST THE OTHER PARTY AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, MEMBERS, SHAREHOLDERS, PARTNERS, TRUSTEES AND AGENTS, ON ACCOUNT OF
ANY LOSS OR DAMAGE THAT IS INSURED AGAINST UNDER ANY INSURANCE POLICY REQUIRED
TO BE OBTAINED HEREUNDER (TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS RECOVERABLE
UNDER SUCH INSURANCE POLICY) THAT COVERS THE LEASED PREMISES, SUBLANDLORD'S OR
SUBTENANT'S FIXTURES, PERSONAL PROPERTY, LEASEHOLD IMPROVEMENTS OR BUSINESS AND
WHICH NAMES SUBLANDLORD OR SUBTENANT, AS THE CASE MAY BE, AS A PARTY INSURED.
EACH PARTY HERETO AGREES THAT IT WILL CAUSE ITS INSURANCE CARRIER TO ENDORSE ALL
APPLICABLE POLICIES WAIVING THE
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CARRIER'S RIGHT OF RECOVERY UNDER SUBROGATION OR OTHERWISE AGAINST THE OTHER
PARTY. DURING ANY PERIOD WHILE SUCH WAIVER OF RIGHT OF RECOVERY IS IN EFFECT,
EACH PARTY SHALL LOOK SOLELY TO