OBTAIN AND MAINTAIN AT ALL TIMES THE INSURANCE
REQUIRED TO BE MAINTAINED BY "TENANT" UNDER THE PRIME LEASE AT SUBTENANT'S SOLE
EXPENSE.
SUCH POLICY SHALL NAME
7
SUBLANDLORD AND PRIME LESSOR AS ADDITIONAL INSUREDS AND SHALL BE ENDORSED TO
PROVIDE THAT THE INSURER SHALL ENDEAVOR TO PROVIDE AT LEAST THIRTY (30) DAYS'
WRITTEN NOTICE (TEN (10) DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUMS) TO
SUBLANDLORD PRIOR TO ANY MATERIAL MODIFICATION OR CANCELLATION.
AT
SUBLANDLORD'S REQUEST, SUBTENANT WILL PROVIDE EVIDENCE OF INSURANCE TO
SUBLANDLORD BEFORE THE SUBLEASE COMMENCEMENT DATE OF THE TERM OF THIS SUBLEASE
AND ANNUALLY THEREAFTER (TO THE EXTENT APPLICABLE); PROVIDED, HOWEVER, IN NO
EVENT SHALL SUBTENANT BE REQUIRED TO PROVIDE COPIES OF SUCH INSURANCE POLICY OR
ANY ORIGINAL INSURANCE DOCUMENTS.
IN NO EVENT SHALL SUBTENANT BE REQUIRED TO
PROVIDE INSURANCE FOR ANY PORTION OF THE PRIME LEASE PREMISES, EXCEPT FOR THE
SUBLEASE PREMISES.
B.
EACH PARTY HEREBY WAIVES EVERY RIGHT OR CAUSE OF ACTION FOR THE
EVENTS WHICH OCCUR OR ACCRUE DURING THE TERM FOR ANY AND ALL LOSS OF, OR DAMAGE
TO, ANY OF ITS PROPERTY (WHETHER OR NOT SUCH LOSS OR DAMAGE IS CAUSED BY THE
FAULT OR NEGLIGENCE OF THE OTHER PARTY OR ANYONE FOR WHOM SAID OTHER PARTY MAY
BE RESPONSIBLE), WHICH LOSS OR DAMAGE IS COVERED (OR WOULD HAVE BEEN COVERED IF
SUCH PARTY HAD MAINTAINED THE COVERAGE REQUIRED UNDER THE PRIME LEASE OR THIS
SUBLEASE) BY VALID AND COLLECTIBLE FIRE, EXTENDED COVERAGE, "SPECIAL FORM" OR
SIMILAR POLICIES COVERING REAL PROPERTY, PERSONAL PROPERTY OR BUSINESS
INTERRUPTION INSURANCE POLICIES, TO THE EXTENT THAT SUCH LOSS OR DAMAGE IS
RECOVERED (OR WOULD HAVE BEEN RECOVERED IF SUCH COVERAGE WERE IN EFFECT AS MAY
BE REQUIRED UNDER THE PRIME LEASE OR THIS SUBLEASE) UNDER SAID INSURANCE
POLICIES.
SAID WAIVERS ARE IN ADDITION TO, AND NOT IN LIMITATION OR DEROGATION
OF, ANY OTHER WAIVER OR RELEASE CONTAINED IN THE PRIME LEASE OR THIS SUBLEASE
WITH RESPECT TO ANY LOSS OR DAMAGE TO PROPERTY OF THE PARTIES HERETO.
EACH
PARTY WILL GIVE ITS INSURANCE CARRIER WRITTEN NOTICE OF THE TERMS OF SUCH MUTUAL
WAIVER, AND THE INSURANCE POLICIES WILL BE PROPERLY ENDORSED, IF NECESSARY, TO
PREVENT THE INVALIDATION OF COVERAGE BY REASON OF SAID WAIVER.
IN THE EVENT OF
A CONFLICT BETWEEN THIS PARAGRAPH AND ANY OTHER PROVISION OF THE PRIME LEASE OR
THIS SUBLEASE, THE TERMS OF THIS PARAGRAPH SHALL CONTROL.
15.
BINDING AND ENTIRE AGREEMENT.
THIS SUBLEASE SHALL BE BINDING ON
AND INURE TO THE BENEFIT OF SUBTENANT, SUBLANDLORD AND THEIR RESPECTIVE HEIRS,
EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
THIS
SUBLEASE CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE
SUBJECT MATTER HEREIN CONTAINED AND MAY NOT BE MODIFIED EXCEPT BY INSTRUMENT IN
WRITING WHICH IS SIGNED BY BOTH PARTIES.
16.
HOLD-OVER.
UPON THE EXPIRATION DATE OF THIS SUBLEASE, SUBTENANT
SHALL SURRENDER AND DELIVER THE SUBLEASE PREMISES TO SUBLANDLORD IN GOOD REPAIR
AND CONDITION, EXCEPTING ORDINARY WEAR AND TEAR AND DAMAGE BY CASUALTY.
ALL
TENANT IMPROVEMENTS SHALL BECOME SUBLANDLORD'S PROPERTY AND