PERSON, EACH PARTY TO THIS LEASE SHALL GIVE TO EACH
INSURANCE COMPANY WHICH HAS ISSUED TO IT ONE OR MORE POLICIES OF FIRE AND
EXTENDED COVERAGE INSURANCE NOTICE OF THE TERMS OF THE MUTUAL RELEASES CONTAINED
IN THIS PARAGRAPH, AND HAVE SUCH INSURANCE POLICIES PROPERLY ENDORSED, IF
NECESSARY, TO PREVENT THE INVALIDATION OF INSURANCE COVERAGES BY REASON OF THE
MUTUAL RELEASES CONTAINED IN THIS PARAGRAPH.
13.
GENERAL PUBLIC LIABILITY, INDEMNIFICATION AND
INSURANCE
(A)
EXCEPT FOR THE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF LANDLORD, LANDLORD'S AGENTS, SERVANTS OR EMPLOYEES, TENANT SHALL
BE RESPONSIBLE FOR, SHALL INSURE AGAINST, AND SHALL INDEMNIFY LANDLORD AND HOLD
IT HARMLESS FROM, ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE OR INJURY TO PERSON
OR PROPERTY, ARISING OUT OF USE, OCCUPANCY OR OPERATIONS OF TENANT AND OCCURRING
IN, ON OR ABOUT THE PREMISES AND TENANT HEREBY RELEASES LANDLORD FROM ANY AND
ALL LIABILITY FOR THE SAME.
TENANT'S OBLIGATION TO INDEMNIFY LANDLORD HEREUNDER
SHALL INCLUDE THE DUTY TO DEFEND AGAINST ANY CLAIMS ASSERTED BY REASON OF SUCH
LOSS, DAMAGE OR INJURY AND TO PAY ANY JUDGMENTS, SETTLEMENTS, COSTS, FEES AND
EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED IN CONNECTION THEREWITH.
(B)
TENANT SHALL AT ALL TIMES
DURING THE TERM CARRY, AT ITS OWN EXPENSE, FOR THE PROTECTION OF TENANT,
LANDLORD AND LANDLORD'S MANAGEMENT AGENT, AS THEIR INTERESTS MAY APPEAR, ONE OR
MORE POLICIES OF GENERAL PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE, ISSUED
BY ONE OR MORE INSURANCE COMPANIES REASONABLY ACCEPTABLE TO LANDLORD, COVERING
TENANT'S USE, OCCUPANCY AND OPERATIONS PROVIDING MINIMUM COVERAGES OF $1,000,000
COMBINED SINGLE LIMIT FOR BODILY INJURY AND PROPERTY DAMAGE PER OCCURRENCE WITH
$2,000,000 AGGREGATE COVERAGE.
SUCH INSURANCE POLICY OR POLICIES SHALL NAME
LANDLORD, ITS AGENTS AND EMPLOYEES, AS INSUREDS AND SHALL PROVIDE THAT THEY MAY
NOT BE CANCELED OR MATERIALLY CHANGED ON LESS THAN THIRTY (30) DAYS PRIOR
WRITTEN NOTICE TO LANDLORD.
TENANT SHALL FURNISH LANDLORD WITH CERTIFICATES
EVIDENCING SUCH INSURANCE.
SHOULD TENANT FAIL TO CARRY SUCH INSURANCE AND
FURNISH LANDLORD WITH COPIES OF ALL SUCH POLICIES WITHIN TEN (10) DAYS AFTER A
WRITTEN REQUEST TO DO SO, LANDLORD SHALL HAVE THE RIGHT TO OBTAIN SUCH INSURANCE
AND COLLECT THE COST THEREOF FROM TENANT AS ADDITIONAL RENT.
LANDLORD SHALL
HAVE THE RIGHT DURING THE TERM OF THIS LEASE TO ADJUST THE MINIMUM COVERAGE
LEVELS STIPULATED ABOVE UPON WRITTEN NOTICE TO TENANT PROVIDED ANY ADJUSTMENT TO
MINIMUM COVERAGE LEVELS IS CONSISTENT WITH INSURANCE REQUIRED BY OWNERS OF
SIMILAR OFFICE PROPERTIES LOCATED IN THE MINNEAPOLIS/ST. PAUL METROPOLITAN
AREA.
WITHIN THIRTY (30) DAYS OF SUCH WRITTEN NOTICE, TENANT SHALL PROVIDE
LANDLORD WITH EVIDENCE OF SUCH ADJUSTMENT.
TENANT SHALL ALSO
6
provide Landlord with certificates evidencing workers' compensation insurance
coverage.
Tenant's insurance coverages required hereby shall be deemed to be
additional obligations of Tenant and shall not be a discharge or limitation of
Tenant's indemnity obligations contained in Paragraph 13(a) hereof.
(C)
EXCEPT FOR THE NEGLIGENCE OR INTENTIONAL
MISCONDUCT OF TENANT, OR TENANT'S AGENTS, SERVANTS OR EMPLOYEES, LANDLORD SHALL
BE RESPONSIBLE FOR, SHALL HAVE THE OBLIGATION TO INSURE AGAINST, AND SHALL