THAN USEFUL LIFE
DETERMINED PURSUANT TO GAAP, IN NO EVENT SHALL EXPENSES FOR ANY YEAR INCLUDE AN
AMOUNT GREATER THAT THE ACTUAL COSTS SAVINGS ACHIEVED IN SUCH YEAR.
12.03
RESPONSIBILITY FOR COMMON AREAS.
FROM AND AFTER THE DATE THAT THE
PREMISES NO LONGER INCLUDE THE ENTIRETY OF ALL OF THE BUILDINGS, LANDLORD SHALL,
AT ITS OPTION, ELECT FROM TIME TO TIME EITHER TO:
(I) OPERATE, MAINTAIN AND
REPAIR THE ENTIRETY OF THE COMMON AREAS; OR (II) DESIGNATE CERTAIN PORTIONS IN
THE COMMON AREAS AND FACILITIES THEREIN AS AREAS AND FACILITIES
20
THAT TENANT WILL CONTINUE TO OPERATE, MAINTAIN AND REPAIR, WHICH MAY INCLUDE, IN
THE CASE OF A RENEWAL OF THIS LEASE AS TO THE NORTH, SOUTH, AND WEST BUILDINGS,
THE LANDSCAPED AREAS SURROUNDING SUCH BUILDINGS AND THE COURTYARD BETWEEN THEM
AND JAMAICA STREET; PROVIDED, HOWEVER, THAT NO SUCH DESIGNATION SHALL ALLOCATE
TO TENANT RESPONSIBILITIES IN EXCESS OF THOSE COMMENSURATE WITH THE SIZE AND
LOCATION OF THE REMAINING PREMISES.
TENANT SHALL PAY A SHARE OF THE EXPENSES OF
LANDLORD FOR SUCH OPERATION, MAINTENANCE AND REPAIR IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH IV AS FOLLOWS: (A) IN THE EVENT OF AN ELECTION UNDER
CLAUSE (I), TENANT SHALL PAY ITS PROPORTIONATE SHARE OF ALL OF SUCH EXPENSES;
AND (B) IN THE EVENT OF AN ELECTION UNDER CLAUSE (II), TENANT SHALL ONLY BE
REQUIRED TO PAY ANY SHARE EXPENSES IF, AND IN THE PROPORTION THAT, THE COMMON
AREAS MAINTAINED BY TENANT CONSTITUTE LESS THAN ITS PROPORTIONATE SHARE OF ALL
THE COMMON AREAS, AS DETERMINED BY LANDLORD IN A MANNER CONSISTENT WITH
INSTITUTIONAL ASSET MANAGEMENT PRACTICES.
IN THE EVENT THAT THE COMMON AREAS
SHALL INCLUDE AREAS WITHIN A BUILDING (IN ACCORDANCE WITH PARAGRAPH 2.03.1), THE
OPERATION, MAINTENANCE AND REPAIR RESPONSIBILITIES OF LANDLORD SHALL INCLUDE
THOSE DESIGNATED BY LANDLORD RELATING TO BUILDING COMMON AREAS AND SHARED
BUILDING SYSTEMS AND FACILITIES, WHICH DESIGNATION SHALL BE CONSISTENT WITH
INSTITUTIONAL ASSET MANAGEMENT PRACTICES.
NOTWITHSTANDING THE PERFORMANCE BY
LANDLORD OF THE ABOVE RESPONSIBILITIES SO DESIGNATED, TENANT SHALL BE REQUIRED
TO PAY ITS PROPORTIONATE SHARE OF ALL REASONABLE, DIRECT AND ACTUAL COSTS AND
EXPENSES PAID OR INCURRED BY LANDLORD IN RESPECT OF OPERATION, MAINTENANCE,
REPAIR AND REPLACEMENTS THAT WERE THE RESPONSIBILITY OF TENANT DURING THE PERIOD
THAT IT OCCUPIED THE ENTIRETY OF ALL OF THE BUILDINGS.
ARTICLE XIII
LANDLORD'S INSURANCE
13.01
COMMERCIAL GENERAL LIABILITY INSURANCE.
LANDLORD SHALL SECURE AND
KEEP IN FORCE A "BROAD FORM" COMMERCIAL GENERAL LIABILITY INSURANCE AND PROPERTY
DAMAGE POLICY COVERING THE PROJECT, INSURING LANDLORD, AND NAMING TENANT AS AN
ADDITIONAL INSURED AS RELATES TO THE INDEMNIFICATION OBLIGATIONS OF LANDLORD
PROVIDED IN THIS LEASE, AGAINST ANY LIABILITY ARISING OUT OF THE USE, OCCUPANCY
OR MAINTENANCE OF THE PROJECT, INCLUDING THE COMMON AREAS.
SUCH POLICY SHALL BE
EXCESS COVERAGE
AND SHALL HAVE LIMITS CONSISTENT WITH THE COVERAGE TYPICALLY
MAINTAINED FROM TIME TO TIME UNDER INSTITUTIONAL ASSET MANAGEMENT PRACTICES WITH
LIMITS NOT LESS THAN THREE MILLION DOLLARS ($3,000,000.00) FOR INJURY OR DEATH
OF ONE PERSON IN ANY ONE ACCIDENT OR OCCURRENCE AND IN THE AMOUNT OF NOT