MILLION DOLLARS ($50,000,000) PER OCCURRENCE AND IN
THE ANNUAL AGGREGATE, INCLUDING COVERAGE FOR PRODUCTS LIABILITY, INNKEEPERS'
LIABILITY, LIQUOR LIABILITY, AND CLAIMS FOR PERSONAL AND BODILY INJURY OR DEATH
AND PROPERTY DAMAGE OCCURRING UPON, IN, OR ABOUT THE LEASED PROPERTY, OR ANY
ELEVATOR OR ESCALATOR THEREIN, AND UPON, IN, OR ABOUT THE ADJOINING STREETS AND
PASSAGEWAYS THEREOF, OR OTHERWISE, ARISING UNDER THIS LEASE;
(B)
COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE WITH LIMITS OF
LIABILITY OF AT LEAST FIFTY MILLION DOLLARS ($50,000,000) PER OCCURRENCE AND IN
THE ANNUAL AGGREGATE;
(C)
APPROPRIATE WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE; AND
(D)
SUCH OTHER INSURANCE (INCLUDING FIDELITY/CRIME COVERAGE/ERRORS AND
OMISSIONS) AGAINST OTHER INSURABLE RISKS NOT COVERED UNDER SUBSECTIONS (A) AND
(B) WHICH, AT THE TIME, ARE COMMONLY INSURED AGAINST BY OWNERS OF COMPARABLE
HOTELS IN THE STATE OF COLORADO, WITH DUE REGARD BEING OR TO BE GIVEN TO THE
THEN-EXISTING CIRCUMSTANCES AND TO THE TYPE, CONSTRUCTION, DESIGN, USE AND
OCCUPANCY OF THE LEASED PROPERTY.
13.2
SPECIAL CONDITIONS OR HAZARDS.
LESSEE SHALL DISCLOSE TO THE LESSOR
THE PRESENCE OF ANY CONDITION OR HAZARD WITHIN THE ACTUAL KNOWLEDGE OF LESSEE,
AND LESSOR SHALL LIKEWISE DISCLOSE TO LESSEE THE EXISTENCE OF ANY CONDITION OR
HAZARD WITHIN THE ACTUAL KNOWLEDGE OF LESSEE, TO THE EXTENT THAT SUCH CONDITION
OR HAZARD MAY CREATE OR CONTRIBUTE TO ANY CLAIMS,
31
DAMAGES, LOSSES, OR EXPENSES NOT TYPICALLY INSURED AGAINST BY THE COVERAGES
SPECIFIED IN SECTION 13.1(A).
IF ANY SUCH CONDITION OR HAZARD REQUIRES REMOVAL,
ABATEMENT, OR ANY OTHER SPECIAL PROCEDURES, SUCH SPECIAL PROCEDURES SHALL BE
PERFORMED AT LESSEE'S EXPENSE IN COMPLIANCE WITH ALL LEGAL REQUIREMENTS.
CONDITIONS OR HAZARDS TO WHICH THIS SECTION 13.2 REFERS INCLUDE LATENT RISKS TO
HEALTH SUCH AS ASBESTOS, SILICOSIS, TOXIC OR HAZARDOUS CHEMICALS AND WASTE
PRODUCTS; HAZARDS TO THE ENVIRONMENT SUCH AS UNDERGROUND STORAGE TANKS; AND
LATENT OR PATENT TOXIC, NONTOXIC, ABRASIVE, OR IRRITANT POLLUTANTS.
AT LESSEE'S
EXPENSE, LESSEE SHALL ENDEAVOR TO OBTAIN APPROPRIATE INSURANCE COVERAGE AGAINST
SUCH CONDITIONS AND HAZARDS TO PROTECT THE INTERESTS OF LESSEE AND LESSOR.
13.3
CASUALTY INSURANCE.
(A)
SUBJECT TO SECTION 13.4 BELOW, LESSEE SHALL, AT ALL TIMES DURING
THE TERM OF THIS LEASE, AND AT LESSEE'S COST AND EXPENSE, KEEP THE LEASED
PROPERTY INSURED (THROUGH LESSEE'S OWN INSURERS) FOR THE BENEFIT OF LESSEE AND
LESSOR, AS THEIR INTERESTS MAY APPEAR.
(I)
AGAINST "ALL RISKS" OF PHYSICAL LOSS OR DAMAGE FOR THE FULL
REPLACEMENT VALUE THEREOF, IN FORM NO LESS COMPREHENSIVE THAN ISO FORM CP 10 30
(ED 10/91), AS AMENDED FROM TIME TO TIME, AND WITHOUT EXCLUSION FOR LOSS OR
DAMAGE BY FIRE, LIGHTNING, WINDSTORM, HAIL, EXPLOSION, RIOT, CIVIL COMMOTION,
AIRCRAFT, VEHICLES, SMOKE, VANDALISM, MALICIOUS MISCHIEF, SPRINKLER LEAKAGE,
VOLCANIC ACTION, BREAKAGE OF GLASS, FALLING OBJECTS, WEIGHT OF ICE AND SNOW OR
SLEET, WATER DAMAGE, WEATHER CONDITIONS OR COLLAPSE;
(II)
AGAINST SUCH OTHER "ALL RISK" PERILS, INCLUDING EARTHQUAKE AND
FLOOD, COMMONLY INSURED AGAINST BY A DIFFERENCE IN CONDITIONS INSURANCE POLICY
IN SUCH AMOUNTS AS ARE OBTAINABLE FROM TIME TO TIME, BUT IN NO EVENT IN AMOUNTS
LESS THAN THOSE REQUIRED UNDER THE TERMS OF