PROPERTY INSURANCE INSURING TENANT'S
TENANT IMPROVEMENTS IN THE PREMISES AND TENANT'S PERSONAL PROPERTY AGAINST LOSS
DUE TO CAUSES TYPICALLY INSURED AGAINST UNDER "ALL RISK" OR "SPECIAL CAUSES OF
LOSS" POLICY FORMS, AT A LIMIT EQUAL TO THE FULL INSURABLE REPLACEMENT COST OF
SUCH IMPROVEMENTS AND PERSONAL PROPERTY, WITH COINSURANCE WAIVED AND PERMITTING
THE INSURED TO WAIVE SUBROGATION RIGHTS PRIOR TO LOSS.
7.2
LIABILITY INSURANCE.
EXCEPT AS SET FORTH IN SECTION
7.3, AT ITS EXPENSE, TENANT SHALL, COMMENCING ON THE FIRST DAY OF THE TERM AND
CONTINUING THROUGHOUT THE ENTIRE TERM MAINTAIN OR CAUSE TO BE MAINTAINED, UNDER
THE PROVISIONS OF THE MANUFACTURING SERVICES AGREEMENT OR OTHERWISE, FOR THE
BENEFIT OF LANDLORD, LANDLORD'S LENDER, IF ANY, AND TENANT AS THEIR INTERESTS
MAY APPEAR, A COMPREHENSIVE COMMERCIAL PUBLIC LIABILITY INSURANCE POLICY AGAINST
SUCH RISKS AS ARE CUSTOMARILY INSURED AGAINST WHICH ARISE OUT OF THE USE,
OCCUPANCY, REPAIR, MAINTENANCE OR ALTERATION OF THE PREMISES AND ALL AREAS
APPURTENANT THERETO, INCLUDING LIABILITY FOR THE ACTS OF TENANT'S INDEPENDENT
CONTRACTORS WITH REGARD TO ANY ACTIVITIES OF SUCH INDEPENDENT CONTRACTORS.
SUCH
INSURANCE SHALL HAVE A MINIMUM LIMIT OF TEN MILLION DOLLARS ($10,000,000) PER
OCCURRENCE FOR BODILY INJURY AND PROPERTY DAMAGE COMBINED.
7.3
MEMBER INSURANCE PROGRAMS.
UPON MUTUAL AGREEMENT OF
THE PARTIES, TENANT MAY SATISFY ITS OBLIGATIONS UNDER SECTION 7.1 AND/OR SECTION
7.2 BY POLICIES ISSUED UNDER ANY CORPORATE INSURANCE PROGRAM(S) MAINTAINED BY
ANY OF TENANT'S MEMBERS.
7.4
NOTICE OF CANCELLATION.
REASONABLE EFFORTS WILL BE
MADE TO HAVE ALL INSURANCE REQUIRED TO BE CARRIED UNDER THIS ARTICLE 7 NOT BE
SUBJECT TO CANCELLATION OR MATERIAL CHANGE WITHOUT AT LEAST THIRTY (30) DAYS'
PRIOR NOTICE TO LANDLORD AND LANDLORD'S LENDER, IF ANY, AND SUCH INSURANCE SHALL
BE WITH INSURANCE COMPANIES REASONABLY ACCEPTABLE TO LANDLORD AND LANDLORD'S
LENDER, IF ANY, AND SHALL NAME LANDLORD, LANDLORD'S LENDER, IF ANY, AND TENANT
AS INSUREDS, AS THEIR INTERESTS MAY APPEAR.
5
7.5
EVIDENCE OF INSURANCE.
PRIOR TO THE COMMENCEMENT OF
THE TERM OF THIS LEASE, OR AS SOON AS IS REASONABLY PRACTICABLE AFTER THAT DATE,
TENANT SHALL PROVIDE AT LANDLORD'S REQUEST TO LANDLORD AND LANDLORD'S LENDER, IF
ANY, CERTIFICATES OF THE INSURANCE POLICIES REFERRED TO IN THIS ARTICLE 7.
TENANT ALSO SHALL FURNISH ANNUALLY, TO LANDLORD AND LANDLORD'S LENDER, IF ANY,
THROUGHOUT THE TERM, CERTIFICATES OF RENEWALS OF SUCH POLICIES.
7.6
LANDLORD'S RIGHTS.
IF TENANT FAILS TO PROCURE,
MAINTAIN AND/OR PAY FOR, AT THE TIMES AND FOR THE DURATIONS SPECIFIED IN THIS
LEASE, THE INSURANCE REQUIRED UNDER THIS ARTICLE 7, LANDLORD MAY (BUT WITHOUT
OBLIGATION TO DO SO), WITHOUT NOTICE TO TENANT, PERFORM SUCH OBLIGATIONS ON
BEHALF OF TENANT, AND THE COST THEREOF SHALL IMMEDIATELY BECOME DUE AND PAYABLE
TO LANDLORD.
7.7
INDEMNITY OF LANDLORD BY TENANT.
SUBJECT TO THE
PROVISIONS OF THE MANUFACTURING SERVICES AGREEMENT, TENANT SHALL INDEMNIFY,
DEFEND AND SAVE LANDLORD, ITS AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS,
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL LOSSES,
CLAIMS, COSTS, LIABILITIES, FINES AND PENALTIES OF ANY NATURE (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES) (COLLECTIVELY,
"CLAIMS") ARISING OR OCCURRING,