TO RECOVER ANY SUCH INSURANCE MONIES.
9.04
EACH PARTY AGREES TO HAVE INCLUDED IN EACH OF ITS INSURANCE
POLICIES (INSURING THE BUILDING AND ANY OTHER LANDLORD'S PROPERTY THEREIN IN
CASE OF LANDLORD, AND INSURING TENANT'S PROPERTY (HEREINAFTER DEFINED) AND
LEASEHOLD IMPROVEMENTS AND TENANT'S IMPROVEMENTS AND BETTERMENTS IN THE CASE OF
TENANT, AGAINST LOSS, DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY) A WAIVER
OF THE INSURER'S RIGHT OF SUBROGATION AGAINST THE OTHER PARTY DURING THE TERM OF
THIS LEASE OR, IF SUCH WAIVER SHOULD BE UNOBTAINABLE OR UNENFORCEABLE, (I) AN
EXPRESS
34
AGREEMENT THAT SUCH POLICY SHALL NOT BE INVALIDATED IF THE ASSURED WAIVES THE
RIGHT OF RECOVERY AGAINST ANY PARTY RESPONSIBLE FOR A CASUALTY COVERED BY THE
POLICY BEFORE THE CASUALTY OR (II) ANY OTHER FORM OF PERMISSION FOR THE RELEASE
OF THE OTHER PARTY.
IF SUCH WAIVER, AGREEMENT OR PERMISSION SHALL NOT BE, OR
SHALL CEASE TO BE, OBTAINABLE FROM EITHER PARTY'S THEN CURRENT INSURANCE
COMPANY, THE INSURED PARTY SHALL SO NOTIFY THE OTHER PARTY PROMPTLY AFTER
LEARNING THEREOF, AND SHALL USE ITS BEST EFFORTS TO OBTAIN THE SAME FROM ANOTHER
INSURANCE COMPANY DESCRIBED IN SECTION 9.03 HEREOF.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY IN THIS LEASE, EACH PARTY HEREBY RELEASES THE OTHER PARTY, WITH
RESPECT TO ANY CLAIM (INCLUDING A CLAIM FOR NEGLIGENCE) WHICH IT MIGHT OTHERWISE
HAVE AGAINST THE OTHER PARTY, FOR LOSS, DAMAGE OR DESTRUCTION WITH RESPECT TO
ITS PROPERTY OCCURRING DURING THE TERM OF THIS LEASE TO THE EXTENT TO WHICH IT
IS, OR IS REQUIRED TO BE, INSURED.
9.05
LANDLORD MAY FROM TIME TO TIME REQUIRE THAT THE AMOUNT OF THE
INSURANCE TO BE MAINTAINED BY TENANT UNDER SECTION 9.03 HEREOF BE REASONABLY
INCREASED, SO THAT THE AMOUNT THEREOF ADEQUATELY PROTECTS LANDLORD'S INTEREST;
PROVIDED, HOWEVER, THAT THE AMOUNT TO WHICH SUCH INSURANCE REQUIREMENTS MAY BE
INCREASED SHALL NOT EXCEED AN AMOUNT THEN CUSTOMARILY BEING REQUIRED BY
LANDLORDS OF COMPARABLE FIRST-CLASS OFFICE BUILDINGS IN MIDTOWN MANHATTAN; AND
PROVIDED FURTHER, HOWEVER, THAT LANDLORD SHALL NOT SO INCREASE SUCH REQUIREMENTS
PRIOR TO THE THIRD (3RD) ANNIVERSARY OF THE COMMENCEMENT DATE HEREOF.
9.06
LANDLORD SHALL MAINTAIN IN RESPECT OF THE BUILDING AT ALL TIMES
DURING THE TERM OF THIS LEASE "ALL RISK" OR SO-CALLED "SPECIAL FORM" PROPERTY
INSURANCE COVERING THE BUILDING AND LANDLORD'S PROPERTY FOR THE FULL REPLACEMENT
COST THEREOF.
ARTICLE 10
RULES AND REGULATIONS
10.01
TENANT AND ITS EMPLOYEES AND AGENTS SHALL FAITHFULLY OBSERVE AND
COMPLY WITH THE RULES AND REGULATIONS ANNEXED HERETO AS EXHIBIT E, AND SUCH
REASONABLE CHANGES THEREIN (WHETHER BY MODIFICATION, ELIMINATION OR ADDITION) AS
LANDLORD AT ANY TIME OR TIMES HEREAFTER MAY MAKE AND COMMUNICATE TO TENANT,
WHICH, IN LANDLORD'S REASONABLE JUDGMENT, SHALL BE NECESSARY FOR THE REPUTATION,
SAFETY, CARE AND APPEARANCE OF THE REAL PROPERTY, OR THE PRESERVATION OF GOOD
ORDER THEREIN, OR THE OPERATION OR MAINTENANCE OF THE REAL PROPERTY, AND WHICH
DO NOT UNREASONABLY AFFECT THE CONDUCT OF TENANT'S BUSINESS IN THE PREMISES
(SUCH RULES AND REGULATIONS AS CHANGED FROM TIME TO TIME BEING HEREIN CALLED
"RULES AND REGULATIONS");