TO PAY THE
PREMIUM THEREFOR, OR TO DELIVER TO LANDLORD ANY OF SUCH POLICIES OR
CERTIFICATES, THEN AND IN ANY OF SAID EVENTS LANDLORD, AT ITS OPTION, BUT
WITHOUT OBLIGATION SO TO DO, MAY WITH REASONABLE PRIOR WRITTEN NOTICE TO TENANT
PROCURE SUCH INSURANCE, AND ANY SUMS EXPENDED BY IT TO PROCURE ANY SUCH
INSURANCE SHALL BE RENTAL HEREUNDER AND SHALL BE REPAID BY TENANT WITHIN THIRTY
(30) DAYS AFTER RECEIPT OF BILLS THEREFOR FROM LANDLORD.
X.
INDEMNITY.
WITHOUT LIMITATION OF ANY OTHER OBLIGATIONS OF TENANT
SET FORTH ELSEWHERE IN THIS LEASE, TENANT SHALL INDEMNIFY, DEFEND, PROTECT, AND
HOLD HARMLESS THE LANDLORD AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS
(COLLECTIVELY, THE "LANDLORD PARTIES") FROM ANY AND ALL LOSS, COST, DAMAGE,
EXPENSE AND LIABILITY (COLLECTIVELY, "CLAIMS"), INCLUDING,WITHOUT
16
LIMITATION COURT COSTS AND REASONABLE ATTORNEYS' FEES, INCURRED IN CONNECTION
WITH OR ARISING FROM THE FOLLOWING:
(I) ANY CAUSE IN, ON OR ABOUT THE DEMISED
PREMISES OR PROPERTY DURING THE LEASE TERM (INCLUDING, WITHOUT LIMITATION,
TENANT'S INSTALLATION, PLACEMENT AND REMOVAL OF ALTERATIONS, IMPROVEMENTS,
FIXTURES AND/OR EQUIPMENT IN, ON OR ABOUT THE DEMISED PREMISES); (II) ANY BREACH
BY TENANT OF ITS OBLIGATIONS UNDER THIS LEASE; PROVIDED, HOWEVER, IN NO EVENT
SHALL TENANT BE REQUIRED TO INDEMNIFY THE LANDLORD PARTIES FOR ANY CLAIMS TO THE
EXTENT ARISING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE LANDLORD
PARTIES; AND (III) ANY ACTS, OMISSIONS OR NEGLIGENCE OF TENANT OR OF ANY PERSON
CLAIMING BY, THROUGH OR UNDER TENANT, OR OF THE CONTRACTORS, AGENTS, SERVANTS,
EMPLOYEES, LICENSEES OR INVITEES OF TENANT OR ANY SUCH PERSON, IN, ON OR ABOUT
THE PROPERTY ON OR AFTER THE LEASE COMMENCEMENT DATE, EXCEPT TO THE EXTENT
RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR LANDLORD
PARTIES FOR WHICH LANDLORD SHALL INDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS
THE TENANT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL
LOSS, COST, DAMAGE, EXPENSE AND LIABILITY, INCLUDING WITHOUT LIMITATIONS, COURT
COSTS AND REASONABLE ATTORNEYS' FEES.
THE PROVISIONS OF THIS SECTION 9.10 AND
ALL OTHER INDEMNITY OBLIGATIONS SET FORTH IN THIS LEASE SHALL SURVIVE THE
EXPIRATION OR SOONER TERMINATION OF THIS LEASE.
XI.
SELF INSURANCE.
SO LONG AS TENANT HAS FULLY
AND TIMELY PERFORMED ITS OBLIGATIONS UNDER THIS LEASE, AND HAS A TANGIBLE NET
WORTH (DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES)
OF NOT LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000), TENANT MAY SATISFY
ALL OR ANY PART OF ITS OBLIGATIONS TO PROVIDE INSURANCE UNDER THIS LEASE BY WAY
OF SELF-INSURANCE (AS DEFINED BELOW) PROVIDED AND UPON THE CONDITION THAT TENANT
PROVIDES WRITTEN NOTICE OF SAME TO LANDLORD OF ITS ELECTION TO PROVIDE
SELF-INSURANCE PRIOR TO IMPLEMENTING THE SAME AND COMPLIANCE BY TENANT WITH EACH
OF THE FOLLOWING PROVISIONS:
1.
FOR PURPOSES HEREOF, "SELF-INSURANCE"
MEANS THAT TENANT IS ACTING AS THOUGH IT WERE THE INSURANCE COMPANY PROVIDING
THE INSURANCE REQUIRED UNDER THE PROVISIONS OF THIS ARTICLE AND TENANT SHALL PAY
ANY AND ALL AMOUNTS DUE IN LIEU OF INSURANCE PROCEEDS AS REQUIRED UNDER THE
PROVISIONS OF THIS LEASE, WHICH AMOUNTS