PREMISES AND PROPERTY, AND (II) SPECIAL PERILS
PROPERTY INSURANCE COVERING TENANT'S PROPERTY (AND DAMAGE TO OTHER PROPERTY
RESULTING FROM ANY ACTS OR
15
OPERATIONS OF TENANT), OR IF EITHER COVERAGE IS NOT IN EFFECT WHEN NEEDED, SUCH
OTHER SIMILAR COVERAGE AS IS THEN IN EFFECT.
SAID POLICIES SHALL (A) NAME
LANDLORD, AGENT, AND ANY PARTY HOLDING AN INTEREST TO WHICH THIS LEASE MAY BE
SUBORDINATED AS ADDITIONAL INSUREDS, (B) BE ISSUED BY AN INSURANCE COMPANY WITH
A BEST RATING OF A-X OR BETTER AND OTHERWISE REASONABLY ACCEPTABLE TO LANDLORD
AND LICENSED TO DO BUSINESS IN THE STATE IN WHICH THE PROPERTY IS LOCATED, (C)
PROVIDE THAT SAID INSURANCE SHALL NOT BE CANCELED OR MATERIALLY MODIFIED UNLESS
30 DAYS' PRIOR WRITTEN NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD, (D) PROVIDE
COVERAGE ON AN OCCURRENCE BASIS; (E) PROVIDE COVERAGE FOR THE INDEMNITY
OBLIGATIONS OF TENANT UNDER THIS LEASE; (F) CONTAIN A SEVERABILITY OF INSURED
PARTIES PROVISION AND A CROSS LIABILITY ENDORSEMENT; (G) BE PRIMARY, NOT
CONTRIBUTING WITH, AND NOT IN EXCESS OF, COVERAGE THAT LANDLORD MAY CARRY; (H)
INCLUDE A HOSTILE FIRE ENDORSEMENT; AND (I) OTHERWISE BE IN SUCH FORM AND
INCLUDE SUCH COVERAGES AS LANDLORD MAY REASONABLY REQUIRE.
SAID POLICY OR
POLICIES OR, AT LANDLORD'S OPTION, CERTIFICATE OF INSURANCE, IN A FORM
REASONABLY ACCEPTABLE TO LANDLORD, EVIDENCING SAID POLICIES, SHALL BE DELIVERED
TO LANDLORD BY TENANT UPON COMMENCEMENT OF THE LEASE AND RENEWALS THEREOF SHALL
BE DELIVERED WITHIN 10 DAYS AFTER BINDING SAID INSURANCE POLICY.
ADDITIONALLY, TENANT SHALL NAME LANDLORD AS AN ADDITIONAL INSURED ON TENANT'S
POLICY OF PREMISE LIABILITY UNDER ITS CASUALTY/PROPERTY INSURANCE POLICY.
10.3.
WAIVER OF SUBROGATION.
TO THE EXTENT PERMITTED BY
LAW, AND WITHOUT AFFECTING THE COVERAGE PROVIDED BY INSURANCE REQUIRED TO BE
MAINTAINED HEREUNDER, LANDLORD AND TENANT EACH WAIVE ANY RIGHT TO RECOVER
AGAINST THE OTHER FOR (A) DAMAGES TO PROPERTY, (B) DAMAGES TO ALL OR ANY PORTION
OF EITHER OR BOTH OF THE PREMISES AND THE PROPERTY, OR (C) CLAIMS ARISING BY
REASON OF THE FOREGOING, TO THE EXTENT SUCH DAMAGES AND CLAIMS ARE INSURED
AGAINST OR REQUIRED TO BE INSURED AGAINST BY LANDLORD OR TENANT UNDER THIS
LEASE. THIS PROVISION IS INTENDED TO WAIVE, FULLY AND FOR THE BENEFIT OF EACH
PARTY, ANY RIGHTS AND/OR CLAIMS WHICH MIGHT GIVE RISE TO A RIGHT OF SUBROGATION
BY ANY INSURANCE CARRIER.
THE COVERAGE OBTAINED BY EACH PARTY PURSUANT TO THIS
LEASE SHALL INCLUDE, WITHOUT LIMITATION, A WAIVER OF SUBROGATION BY THE CARRIER
WHICH CONFORMS TO THE PROVISIONS OF THIS SECTION.
11.
ALTERATIONS.
11.1.
PROCEDURAL REQUIREMENTS.
TENANT MAY, FROM TIME TO
TIME, AT ITS EXPENSE, MAKE ALTERATIONS OR IMPROVEMENTS IN AND TO THE PREMISES
(HEREINAFTER COLLECTIVELY REFERRED TO AS "ALTERATIONS"), PROVIDED THAT TENANT
FIRST OBTAINS THE WRITTEN CONSENT OF LANDLORD IN EACH INSTANCE.
LANDLORD'S
CONSENT TO ALTERATIONS SHALL NOT BE UNREASONABLY WITHHELD, PROVIDED THAT:
(A)
THE ALTERATIONS ARE NON-STRUCTURAL AND THE STRUCTURAL INTEGRITY OF THE PROPERTY
SHALL NOT BE AFFECTED; (B) THE ALTERATIONS ARE TO THE INTERIOR OF THE PREMISES;
(C) THE PROPER FUNCTIONING OF THE MECHANICAL,