$1,000,000.00 PER ACCIDENT, AND (IV) WORKERS'
COMPENSATION INSURANCE IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE
PROPERTY IS LOCATED AND EMPLOYER'S LIABILITY INSURANCE IN AN AMOUNT NOT LESS
THAN $1,000,000.00 EACH ACCIDENT, $1,000,000.00 DISEASE-EACH EMPLOYEE AND POLICY
LIMIT, WITH THE INSURANCE POLICIES REQUIRED UNDER THIS CLAUSE (IV) TO BE
ENDORSED TO WAIVE THE INSURANCE CARRIERS' RIGHT OF SUBROGATION.
TENANT SHALL
MAINTAIN THE FOREGOING INSURANCE COVERAGES IN EFFECT COMMENCING ON THE EARLIER
TO OCCUR OF
16
THE COMMENCEMENT DATE AND THE DATE TENANT TAKES POSSESSION OF THE PREMISES, AND
CONTINUING TO THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE TERM.
C.
THE INSURANCE REQUIREMENTS SET FORTH IN THIS SECTION 13 ARE
INDEPENDENT OF THE WAIVER, INDEMNIFICATION, AND OTHER OBLIGATIONS UNDER THIS
LEASE AND WILL NOT BE CONSTRUED OR INTERPRETED IN ANY WAY TO RESTRICT, LIMIT OR
MODIFY THE WAIVER, INDEMNIFICATION AND OTHER OBLIGATIONS OR TO IN ANY WAY LIMIT
ANY PARTY'S LIABILITY UNDER THIS LEASE.
IN ADDITION TO THE REQUIREMENTS SET
FORTH IN SECTIONS 13 AND 14, THE INSURANCE REQUIRED OF TENANT UNDER THIS LEASE
MUST BE ISSUED BY AN INSURANCE COMPANY WITH A RATING OF NO LESS THAN A-VIII IN
THE CURRENT BEST'S INSURANCE GUIDE OR THAT IS OTHERWISE REASONABLY ACCEPTABLE TO
LANDLORD, AND ADMITTED TO ENGAGE IN THE BUSINESS OF INSURANCE IN THE STATE IN
WHICH THE BUILDING IS LOCATED; BE PRIMARY INSURANCE FOR ALL CLAIMS UNDER IT AND
PROVIDE THAT ANY INSURANCE CARRIED BY LANDLORD, LANDLORD'S BUILDING MANAGER, AND
LANDLORD'S LENDERS IS STRICTLY EXCESS, SECONDARY AND NONCONTRIBUTING WITH ANY
INSURANCE CARRIED BY TENANT; AND PROVIDE THAT INSURANCE MAY NOT BE CANCELLED,
NONRENEWED OR THE SUBJECT OF CHANGE IN COVERAGE OF AVAILABLE LIMITS OF COVERAGE,
EXCEPT UPON AT LEAST TEN (10) DAYS' PRIOR WRITTEN NOTICE TO LANDLORD AND
LANDLORD'S LENDERS.
TENANT WILL DELIVER TO LANDLORD A CERTIFICATE OF INSURANCE
ON ALL POLICIES PROCURED BY TENANT IN COMPLIANCE WITH TENANT'S OBLIGATIONS UNDER
THIS LEASE ON OR BEFORE THE DATE TENANT FIRST OCCUPIES ANY PORTION OF THE
PREMISES, AT LEAST TEN (10) DAYS BEFORE THE EXPIRATION DATE OF ANY POLICY AND
UPON THE RENEWAL OF ANY POLICY.
LANDLORD SHALL HAVE THE RIGHT TO APPROVE ALL
DEDUCTIBLES AND SELF-INSURED RETENTIONS UNDER TENANT'S POLICIES, WHICH APPROVAL
SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
D.
NOTWITHSTANDING ANY OTHER TERM OR PROVISION OF THIS LEASE, NEITHER
LANDLORD NOR TENANT SHALL BE LIABLE (BY WAY OF SUBROGATION OR OTHERWISE) TO THE
OTHER PARTY (OR TO ANY INSURANCE COMPANY INSURING THE OTHER PARTY) FOR ANY LOSS
OR DAMAGE TO ANY OF THE PROPERTY OF LANDLORD OR TENANT, AS THE CASE MAY BE, WITH
RESPECT TO THEIR RESPECTIVE PROPERTY, THE BUILDING, THE PROPERTY OR THE PREMISES
OR ANY ADDITION OR IMPROVEMENTS THERETO, OR ANY CONTENTS THEREIN, TO THE EXTENT
COVERED BY INSURANCE CARRIED OR REQUIRED TO BE CARRIED BY A PARTY HERETO EVEN
THOUGH SUCH LOSS MIGHT HAVE BEEN OCCASIONED BY THE NEGLIGENCE OR WILLFUL ACTS OR
OMISSIONS OF THE LANDLORD OR TENANT OR THEIR RESPECTIVE EMPLOYEES, AGENTS,
CONTRACTORS OR INVITEES. LANDLORD AND