TERM, THE COMMON AREA OF THE CENTER AS IT MAY NOW OR AT ANY TIME DURING THE TERM
EXIST.
TENANT HEREBY ACKNOWLEDGES, CONSENTS, AND AGREES THAT ANY AND/OR ALL
SERVICES, FACILITIES AND ACCESS BY THE PUBLIC TO THE COMMON AREA MAY BE
SUSPENDED IN WHOLE OR IN PART WITHOUT ANY LIABILITY TO LANDLORD.
THE LANDLORD
SHALL MAKE A COMMERCIALLY REASONABLE EFFORT TO PROVIDE TENANT AT LEAST 48 HOURS
NOTICE OF SUCH SERVICES, FACILITIES AND ACCESS BY THE PUBLIC TO THE COMMON AREA
THAT IS BEING SUSPENDED.
FAILURE TO GIVE SUCH NOTICE SHALL NOT IMPOSE ANY
LIABILITY UPON THE LANDLORD.
TENANT HEREBY COVENANTS AND AGREES TO COMPLY WITH,
AND CAUSE ITS EMPLOYEES, AGENTS, VISITORS, AND CUSTOMERS TO COMPLY WITH ALL
RULES AND REGULATIONS ESTABLISHED BY LANDLORD WITH RESPECT TO THE COMMON AREA
INCLUDING CURRENT RULES AND REGULATIONS ATTACHED HERETO AS EXHIBIT "D".
4.
INSURANCE AND INDEMNIFICATION.
4.1.
INSURANCE REQUIRED OF TENANT.
TENANT SHALL OBTAIN AND PROVIDE, ON
OR BEFORE THE EARLIER OF THE COMMENCEMENT OF THE TERM OR TENANT'S ENTERING THE
DEMISED PREMISES FOR ANY PURPOSE, AND KEEP IN FORCE AT ALL TIMES THEREAFTER, THE
FOLLOWING INSURANCE COVERAGE WITH RESPECT TO THE DEMISED PREMISES: (A)
COMPREHENSIVE GENERAL LIABILITY INSURANCE, WITH CONTRACTUAL LIABILITY
ENDORSEMENT, RELATING TO THE DEMISED PREMISES AND ITS APPURTENANCES ON AN
OCCURRENCE BASIS WITH A MINIMUM SINGLE LIMIT OF TWO MILLION DOLLARS
($2,000,000.00); (B) FIRE AND EXTENDED COVERAGE INCLUDING VANDALISM AND
MALICIOUS MISCHIEF INSURANCE (AND IN SPRINKLERED BUILDINGS, SPRINKLER DAMAGE
INSURANCE) IN AN AMOUNT ADEQUATE TO COVER THE REPLACEMENT VALUE OF ALL PERSONAL
PROPERTY, DECORATIONS, TRADE FIXTURES, FURNISHINGS, EQUIPMENT, ALTERATIONS,
LEASEHOLD IMPROVEMENTS, BETTERMENTS, AND ALL CONTENTS THEREIN; AND (C) SUCH
OTHER INSURANCE AS MAY BE REQUIRED FROM TIME TO TIME BY LANDLORD OR LANDLORD'S
INSURANCE CARRIER.
ALL OF THE AFORESAID INSURANCE SHALL BE WRITTEN BY
RESPONSIBLE INSURANCE COMPANIES SATISFACTORY TO LANDLORD AND SHALL BE WRITTEN
NAMING LANDLORD AND LANDLORD'S AGENT (AND SUCH OTHER PARTIES AS LANDLORD MAY
REQUEST) AS ADDITIONAL INSUREDS, AND WITH AGREEMENT OF THE INSURANCE COMPANY TO
GIVE LANDLORD 30 DAYS NOTICE OF CANCELLATION.
CERTIFICATES OF INSURANCE SHALL
BE GIVEN TO LANDLORD 30 DAYS PRIOR TO EACH EXPIRATION DATE.
4.2.
LANDLORD'S INSURANCE.
LANDLORD SHALL MAINTAIN AND KEEP IN FORCE
AT ALL TIMES DURING THE TERM OF THE LEASE, FIRE INSURANCE AND LIABILITY
INSURANCE COVERING THE DEMISED PREMISES AND THE CENTER IN COMMERCIALLY
REASONABLE AMOUNTS.
8
4.3.
WAIVER OF SUBROGATION.
LANDLORD AND TENANT HEREBY GRANT TO EACH
OTHER ON BEHALF OF ANY INSURER PROVIDING INSURANCE TO EITHER LANDLORD OR TENANT
COVERING THE DEMISED PREMISES, IMPROVEMENTS THEREIN OR CONTENTS THEREOF A WAIVER
OF ANY RIGHT OF SUBROGATION ANY SUCH INSURER OF ONE PARTY MAY ACQUIRE AGAINST
THE OTHER BY VIRTUE OF PAYMENT OF ANY LOSS UNDER SUCH INSURANCE.
SUCH WAIVERS
SHALL STAND MUTUALLY TERMINATED AS OF THE DATE EITHER LANDLORD OR TENANT CEASES
TO BE EMPOWERED TO GRANT SAME.
4.4.
TENANT'S INDEMNIFICATION.
TENANT SHALL INDEMNIFY AND SAVE
HARMLESS THE LANDLORD, LANDLORD'S AGENTS, SERVANTS AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS AND EXPENSES, INCLUDING ATTORNEY