IN OR ABOUT THE PROJECT, THE BUILDING OR THE COMMON
AREAS (IN EACH CASE OTHER THAN THE PREMISES), TO THE EXTENT THE SAME WOULD BE
COVERED UNDER A CUSTOMARY CGL POLICY OF INSURANCE OR IS OTHERWISE COVERED BY
LANDLORD'S INSURANCE; (II) ANY NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR
OF ANY LANDLORD PARTY OR ANY LANDLORD CONTRACTOR, WHETHER IN OR ABOUT THE
PROJECT, THE BUILDING, THE COMMON AREAS OR THE PREMISES, OR (III) A BREACH OF
THIS LEASE BY LANDLORD; PROVIDED, HOWEVER, THAT THE FOREGOING INDEMNITY SHALL
NOT APPLY TO THE EXTENT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR
TENANT PARTIES.
18
10.1.1
LANDLORD'S INSURANCE.
LANDLORD SHALL CARRY COMMERCIAL
GENERAL LIABILITY INSURANCE WITH RESPECT TO THE BUILDING AND PROJECT DURING THE
LEASE TERM, AND LANDLORD SHALL FURTHER INSURE THE BUILDING AND PROJECT DURING
THE LEASE TERM FOR FULL REPLACEMENT COVERAGE AGAINST LOSS OR DAMAGE DUE TO FIRE
AND OTHER CASUALTIES COVERED WITHIN THE CLASSIFICATION OF FIRE AND EXTENDED
COVERAGE, VANDALISM COVERAGE AND MALICIOUS MISCHIEF, SPRINKLER LEAKAGE, WATER
DAMAGE AND SPECIAL EXTENDED COVERAGE
10.2
LANDLORD'S INSURANCE COVERAGE SHALL BE IN SUCH
AMOUNTS, FROM SUCH COMPANIES, AND ON SUCH OTHER TERMS AND CONDITIONS, AS
LANDLORD MAY FROM TIME TO TIME REASONABLY DETERMINE.
ADDITIONALLY, AT THE
OPTION OF LANDLORD, SUCH INSURANCE COVERAGE MAY INCLUDE THE RISKS OF EARTHQUAKES
AND/OR FLOOD DAMAGE AND ADDITIONAL HAZARDS, AND LOSS PAYEE ENDORSEMENTS IN FAVOR
OF THE HOLDERS OF ANY MORTGAGES OR DEEDS OF TRUST ENCUMBERING THE INTEREST OF
LANDLORD IN THE BUILDING OR PROJECT OR THE GROUND OR UNDERLYING LESSORS OF THE
BUILDING, PROJECT, OR ANY PORTION THEREOF.
NOTWITHSTANDING THE FOREGOING
PROVISIONS OF THIS SECTION 10.2 AND SECTION 10.4 BELOW, THE COVERAGE AND AMOUNTS
OF INSURANCE CARRIED BY LANDLORD IN CONNECTION WITH THE BUILDING AND PROJECT
SHALL, AT A MINIMUM, BE COMPARABLE TO THE COVERAGE AND AMOUNTS OF INSURANCE
WHICH ARE CARRIED BY REASONABLY PRUDENT LANDLORDS OF COMPARABLE BUILDINGS, AND
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY COVERAGE AS REQUIRED BY
APPLICABLE LAW.
THE MINIMUM LIMITS OF POLICIES OF INSURANCE REQUIRED OF
LANDLORD UNDER THE LEASE SHALL NOT LIMIT THE LIABILITY OF LANDLORD UNDER THIS
LEASE WITH RESPECT TO CLAIMS COVERED BY SUCH INSURANCE.
THE INSURANCE OBTAINED
BY LANDLORD SHALL SPECIFICALLY COVER THE INDEMNIFICATION LIABILITY OF LANDLORD
UNDER THIS LEASE.
TENANT SHALL, AT TENANT'S EXPENSE, COMPLY WITH ALL INSURANCE
COMPANY REQUIREMENTS PERTAINING TO THE USE OF THE PREMISES.
IF TENANT'S CONDUCT
OR USE OF THE PREMISES CAUSES ANY INCREASE IN THE PREMIUM FOR SUCH INSURANCE
POLICIES THEN TENANT SHALL REIMBURSE LANDLORD FOR ANY SUCH INCREASE. TENANT, AT
TENANT'S EXPENSE, SHALL COMPLY WITH ALL RULES, ORDERS, REGULATIONS OR
REQUIREMENTS OF THE AMERICAN INSURANCE ASSOCIATION (FORMERLY THE NATIONAL BOARD
OF FIRE UNDERWRITERS) AND WITH ANY SIMILAR BODY.
10.3
TENANT'S INSURANCE.
TENANT SHALL MAINTAIN THE
FOLLOWING COVERAGES IN THE FOLLOWING AMOUNTS.
TENANT MAY UTILIZE BLANKET
POLICIES OF INSURANCE (AND COMBINATIONS OF PRIMARY AND EXCESS/UMBRELLA
POLICIES).
10.3.1
COMMERCIAL GENERAL LIABILITY INSURANCE COVERING THE
INSURED AGAINST CLAIMS OF BODILY INJURY, PERSONAL INJURY AND PROPERTY DAMAGE
(INCLUDING LOSS OF USE THEREOF) ARISING