IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION
RULES OF THE AAA.
35
ARTICLE 9
INSURANCE, LOSS, REIMBURSEMENT, LIABILITY
9.01
TENANT SHALL NOT DO OR PERMIT TO BE DONE ANY ACT OR THING UPON THE
DEMISED PREMISES WHICH WILL INVALIDATE OR BE IN CONFLICT WITH NEW JERSEY
STANDARD FIRE INSURANCE POLICIES COVERING THE PROPERTY, AND FIXTURES AND
PROPERTY THEREIN, OR WHICH WOULD INCREASE THE RATE OF FIRE INSURANCE APPLICABLE
TO THE PROPERTY TO AN AMOUNT HIGHER THAN IT OTHERWISE WOULD BE; AND TENANT, TO
THE EXTENT IN ITS REASONABLE CONTROL, SHALL NEITHER DO NOR PERMIT TO BE DONE ANY
ACT OR THING UPON THE DEMISED PREMISES WHICH SHALL OR MIGHT SUBJECT LANDLORD TO
ANY LIABILITY OR RESPONSIBILITY FOR INJURY TO ANY PERSON OR PERSONS OR TO
PROPERTY BY REASON OF ANY BUSINESS OR OPERATION BEING CARRIED ON WITHIN THE
DEMISED PREMISES.
9.02
IF, AS A RESULT OF ANY ACT OR OMISSION BY TENANT OR VIOLATION OF
THIS LEASE, THE RATE OF FIRE INSURANCE APPLICABLE TO THE PROPERTY SHALL BE
INCREASED TO AN AMOUNT HIGHER THAN IT OTHERWISE WOULD BE, TENANT SHALL REIMBURSE
LANDLORD FOR ALL INCREASES OF LANDLORD'S FIRE INSURANCE PREMIUMS SO CAUSED; SUCH
REIMBURSEMENT TO BE ADDITIONAL RENT PAYABLE WITHIN TEN (10) DAYS AFTER DEMAND
THEREFOR BY LANDLORD.
IN ANY ACTION OR PROCEEDING WHEREIN LANDLORD AND TENANT
ARE PARTIES, A SCHEDULE OR "MAKE-UP" OF RATES FOR THE PROPERTY OR DEMISED
PREMISES ISSUED BY THE BODY MAKING FIRE INSURANCE RATES FOR THE DEMISED PREMISES
SHALL BE PRESUMPTIVE EVIDENCE OF THE FACTS STATED THEREIN INCLUDING THE ITEMS
AND CHARGES TAKEN INTO CONSIDERATION IN FIXING THE FIRE INSURANCE RATE THEN
APPLICABLE TO THE DEMISED PREMISES.
9.03
LANDLORD OR ITS AGENTS SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE
TO TENANT'S PROPERTY RESULTING FROM FIRE, EXPLOSION, FALLING PLASTER, STEAM,
GAS, ELECTRICITY, WATER, RAIN OR SNOW OR LEAKS FROM ANY PART OF THE BUILDING, OR
FROM THE PIPES, APPLIANCES OR PLUMBING WORKS OR FROM THE ROOF, STREET OR
SUBSURFACE OR FROM ANY OTHER PLACE OR BY DAMPNESS OR BY ANY OTHER CAUSE OF
WHATSOEVER NATURE.
THE FOREGOING PROVISION SHALL NOT RELIEVE LANDLORD OF ITS
RESTORATION OBLIGATIONS TO THE EXTENT
EXPRESSLY SET FORTH IN ARTICLE 10 OF THIS
LEASE.
9.04
LANDLORD OR ITS AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE WHICH
TENANT MAY SUSTAIN IF ANY WINDOW OF THE DEMISED PREMISES IS BROKEN, OR
TEMPORARILY OR PERMANENTLY CLOSED, DARKENED OR BRICKED UPON FOR ANY REASON
WHATSOEVER, EXCEPT ONLY LANDLORD'S ARBITRARY ACTS IF THE RESULT IS PERMANENT,
AND TENANT SHALL NOT BE ENTITLED TO ANY COMPENSATION THEREFOR OR ABATEMENT OF
RENT OR TO ANY RELEASE FROM ANY OF TENANT'S OBLIGATIONS UNDER THIS LEASE, NOR
SHALL THE SAME CONSTITUTE AN EVICTION OR CONSTRUCTIVE EVICTION.
9.05
TENANT SHALL REIMBURSE LANDLORD FOR ALL EXPENSES, DAMAGES OR FINES
INCURRED OR SUFFERED BY LANDLORD BY REASON OF ANY BREACH, VIOLATION OR
NON-PERFORMANCE BY TENANT, OR ITS AGENTS, SERVANTS OR EMPLOYEES, OF ANY COVENANT
OR PROVISION OF THIS LEASE, OR BY REASON OF DAMAGE TO PERSONS OR PROPERTY CAUSED
BY MOVING