NAME LANDLORD, THE MANAGING AGENT OF THE BUILDING AND ANY MORTGAGEE AS
ADDITIONAL INSUREDS AND/OR LOSS PAYEES (AS APPLICABLE); (III) BE REASONABLY
ACCEPTABLE IN FORM AND CONTENT TO LANDLORD; (IV) BE PRIMARY AND
NON-CONTRIBUTORY; (V) CONTAIN AN ENDORSEMENT FOR CROSS LIABILITY AND
SEVERABILITY OF INTERESTS; (VI) CONTAIN AN ENDORSEMENT PROHIBITING CANCELLATION,
FAILURE TO RENEW, REDUCTION OF AMOUNT OF INSURANCE OR CHANGE IN COVERAGE WITHOUT
THE INSURER GIVING LANDLORD AND ALL OTHER ADDITIONAL INSUREDS OR LOSS PAYEES (AS
THE CASE MAY BE) THIRTY (30) DAYS' PRIOR NOTICE BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, OF SUCH PROPOSED ACTION; AND (VII) NOT CONTAIN A PROVISION
RELIEVING THE INSURER THEREUNDER OF LIABILITY FOR ANY LOSS BY REASON OF THE
EXISTENCE OF OTHER POLICIES OF INSURANCE COVERING THE PREMISES AGAINST THE PERIL
INVOLVED, WHETHER COLLECTIBLE OR NOT.
ANY SUCH POLICY MAY CONTAIN A DEDUCTIBLE
PROVISION IN AN AMOUNT NOT TO EXCEED $10,000 (AND TENANT SHALL, AND HEREBY
AGREES TO, INDEMNIFY, DEFEND, AND HOLD LANDLORD AND LANDLORD'S AGENTS HARMLESS
FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, CAUSES OF ACTION, SUITS,
JUDGMENTS, DAMAGES AND EXPENSES [INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES]
BEGINNING WITH THE FIRST DOLLAR, WHENEVER SUCH DEDUCTIBLE APPLIES TO A CLAIM).
NEITHER THE ISSUANCE OF ANY INSURANCE POLICY REQUIRED UNDER THIS LEASE NOR THE
MINIMUM LIMITS SPECIFIED HEREIN SHALL BE DEEMED TO LIMIT OR RESTRICT IN ANY WAY
TENANT'S LIABILITY ARISING UNDER OR OUT OF THIS LEASE.
(C)
LANDLORD RESERVES THE RIGHT FROM TIME TO TIME TO REQUIRE TENANT TO
OBTAIN HIGHER MINIMUM AMOUNTS AND/OR DIFFERENT TYPES OF INSURANCE IF: (I) IT
BECOMES CUSTOMARY FOR LANDLORDS OF FIRST-CLASS OFFICE BUILDINGS OF THE TYPE AND
QUALITY LOCATED IN THE GEOGRAPHIC AREA TO REQUIRE SIMILAR SIZED TENANTS IN
SIMILAR INDUSTRIES TO CARRY INSURANCE OF SUCH HIGHER MINIMUM
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AMOUNTS OR OF SUCH DIFFERENT TYPES; OR (II) ANY SUCH CHANGE IS REASONABLY
REQUIRED BY A MORTGAGEE.
(D)
TENANT SHALL DELIVER CERTIFICATE(S) OF ALL SUCH INSURANCE AND PAID
RECEIPTS THEREFOR TO LANDLORD PRIOR TO THE EARLIER OF: (I) THE COMMENCEMENT
DATE; OR (II) TENANT'S FIRST ENTRY ONTO THE PREMISES FOR ANY REASON, AND
THEREAFTER, NOT LESS THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF ANY SUCH
POLICY (AND, UPON LANDLORD'S REQUEST, TENANT SHALL PROMPTLY DELIVER COPIES OF
ALL INSURANCE POLICIES, INCLUDING ENDORSEMENTS AND DECLARATIONS THERETO).
(E)
TENANT SHALL GIVE LANDLORD IMMEDIATE NOTICE IN CASE OF FIRE, THEFT
OR ACCIDENT IN THE PREMISES, AND IN THE CASE OF FIRE, THEFT OR ACCIDENT IN THE
BUILDING, IF INVOLVING TENANT OR TENANT'S AGENTS.
(F)
TENANT SHALL SECURE AN APPROPRIATE CLAUSE, OR AN ENDORSEMENT UPON
ALL APPLICABLE POLICIES OF INSURANCE, PURSUANT TO WHICH THE RESPECTIVE INSURANCE
COMPANIES WAIVE SUBROGATION OR PERMIT THE INSURED, PRIOR TO ANY LOSS, TO AGREE
WITH A THIRD PARTY TO WAIVE ANY CLAIM TENANT MAY HAVE AGAINST SAID THIRD PARTY.
SUCH WAIVER SHALL IN ALL EVENTS EXTEND TO LANDLORD AND LANDLORD'S AGENTS.
SUBJECT TO THE FOREGOING SENTENCE, AND INSOFAR AS MAY BE PERMITTED BY THE TERMS
OF THE INSURANCE POLICIES CARRIED BY IT, AND NOTWITHSTANDING ANY PROVISION