AND/OR CREDIT RATING
CRITERIA, WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, SUCH CONSENT NOT TO BE
UNREASONABLY WITHHELD OR DELAYED TO THE EXTENT SUCH ADVERSE CHANGES ARE THE
RESULT OF MARKET CONDITIONS OR LACK OF AVAILABILITY OF COVERAGE BEYOND THE
REASONABLE CONTROL OF THE CONDOMINIUM, OR (II) ALLOW THE INSURANCE COVERAGE WITH
RESPECT TO THE COMMON ELEMENTS OF THE BUILDING REQUIRED TO BE MAINTAINED UNDER
THE TERMS OF CONDOMINIUM DOCUMENTS TO LAPSE AT ANY TIME.
IN ADDITION, TENANT
SHALL OBTAIN, PAY FOR AND MAINTAIN THE FOLLOWING INSURANCE ON OR IN CONNECTION
WITH THE LEASED PREMISES:
(I)
INSURANCE AGAINST ALL RISK OF PHYSICAL LOSS OR DAMAGE TO THE
IMPROVEMENTS AND EQUIPMENT AS PROVIDED UNDER "SPECIAL CAUSES OF LOSS" FORM
COVERAGE, AND INCLUDING CUSTOMARILY EXCLUDED PERILS OF HAIL, WINDSTORM, FLOOD
COVERAGE, EARTHQUAKE, TERRORISM, BREAKAGE OF GLASS, INLAND MARINE (COVERING
PROPERTY IN TRANSIT), DEBRIS REMOVAL AND DEMOLITION COSTS IN AMOUNTS NO LESS
THAN THE ACTUAL REPLACEMENT COST OF THE IMPROVEMENTS AND EQUIPMENT; PROVIDED
THAT, IF TENANT'S INSURANCE COMPANY IS UNABLE OR UNWILLING TO INCLUDE ANY OF ALL
OF SUCH EXCLUDED PERILS, TENANT SHALL HAVE THE OPTION OF PURCHASING COVERAGE
AGAINST SUCH PERILS FROM ANOTHER INSURER ON A "DIFFERENCE IN CONDITIONS" FORM OR
THROUGH A STAND-ALONE POLICY.
SUCH POLICIES SHALL CONTAIN REPLACEMENT COST AND
AGREED AMOUNT ENDORSEMENTS AND "LAW AND ORDINANCE" COVERAGE (AT FULL REPLACEMENT
COST).
SUCH POLICIES AND ENDORSEMENTS SHALL CONTAIN DEDUCTIBLES NOT MORE THAN
$250,000 PER OCCURRENCE, EXCEPT THAT EARTHQUAKE COVERAGE MAY HAVE A DEDUCTIBLE
NOT TO EXCEED $500,000.
(II)
COMMERCIAL GENERAL LIABILITY INSURANCE AND BUSINESS AUTOMOBILE
LIABILITY INSURANCE (INCLUDING NON-OWNED AND HIRED AUTOMOBILE LIABILITY) AGAINST
CLAIMS FOR PERSONAL AND BODILY INJURY, DEATH OR PROPERTY DAMAGE OCCURRING ON, IN
OR AS A RESULT OF THE USE OF THE LEASED PREMISES, IN AN AMOUNT NOT LESS THAN
$50,000,000 PER OCCURRENCE/ $100,000,000 ANNUAL AGGREGATE, WITH NO SELF-INSURED
RETENTION OR DEDUCTIBLE ABOVE $500,000, ON A CLAIMS OCCURRENCE BASIS.
THE
LIMITS REQUIRED HEREUNDER MAY BE OBTAINED THROUGH COMBINING COMMERCIAL GENERAL
LIABILITY INSURANCE AND EXCESS/UMBRELLA POLICIES.
(III)
WORKERS' COMPENSATION INSURANCE IN THE AMOUNT REQUIRED BY
APPLICABLE LAW AND EMPLOYERS' LIABILITY INSURANCE COVERING ALL PERSONS EMPLOYED
BY TENANT IN CONNECTION WITH ANY WORK DONE ON OR ABOUT ANY OF THE LEASED
PREMISES.
(IV)
COMPREHENSIVE BOILER AND MACHINERY/EQUIPMENT BREAKDOWN INSURANCE
ON ANY OF THE EQUIPMENT OR ANY OTHER EQUIPMENT ON OR IN THE LEASED PREMISES, IN
AN AMOUNT NOT LESS THAN $5,000,000 PER ACCIDENT FOR DAMAGE TO PROPERTY (AND
WHICH MAY BE CARRIED AS PART OF THE COVERAGE REQUIRED UNDER CLAUSE (I) ABOVE OR
PURSUANT TO A SEPARATE POLICY OR ENDORSEMENT).
EITHER SUCH BOILER AND MACHINERY
POLICY OR THE SPECIAL CAUSES OF LOSS POLICY REQUIRED IN CLAUSE (I) ABOVE SHALL
INCLUDE AT LEAST $3,000,000 PER INCIDENCE FOR OFF-
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PREMISES SERVICE INTERRUPTION, EXPEDITING EXPENSES, AMMONIA CONTAMINATION, AND
HAZARDOUS MATERIALS CLEAN-UP EXPENSE AND MAY CONTAIN A DEDUCTIBLE NOT TO EXCEED
$250,000.
(V)
BUSINESS INCOME/EXTRA EXPENSE INSURANCE AT LIMITS SUFFICIENT TO
COVER 100% OF THE PERIOD OF INDEMNITY NOT LESS THAN TWELVE (12) MONTHS FROM TIME
OF LOSS, INCLUDING EXTENDED