HAVE TEN (10) DAYS THEREAFTER TO (A) PROCURE SUCH INSURANCE
WITH COMPANIES REASONABLY SATISFACTORY TO THE OTHER PARTY OR (B) AGREE TO PAY
SUCH ADDITIONAL PREMIUM. IF NEITHER (A) NOR (B) ARE DONE, THIS WAIVER OF
SUBROGATION SHALL HAVE NO EFFECT DURING SUCH TIME AS SUCH POLICIES SHALL NOT BE
OBTAINABLE OR THE PARTY IN WHOSE FAVOR A WAIVER OF SUBROGATION IS DESIRED
REFUSES TO PAY THE ADDITIONAL PREMIUM. IF SUCH POLICIES SHALL BE UNOBTAINABLE,
BUT SHALL BE SUBSEQUENTLY OBTAINABLE, NEITHER PARTY SHALL BE SUBSEQUENTLY LIABLE
FOR A FAILURE TO OBTAIN SUCH INSURANCE UNTIL A REASONABLE TIME AFTER
NOTIFICATION THEREOF BY THE OTHER PARTY. IF THE FOREGOING WAIVERS SHALL
CONTRAVENE ANY LAW WITH RESPECT TO EXCULPATORY AGREEMENTS, THE LIABILITY OF
LANDLORD OR TENANT SHALL BE DEEMED NOT RELEASED BUT SHALL BE SECONDARY TO THE
OTHER'S INSURER. LANDLORD AND ITS RESPECTIVE RELATED PARTIES SHALL NOT BE LIABLE
FOR, AND TENANT HEREBY WAIVES ALL CLAIMS AGAINST SUCH PARTIES FOR, BUSINESS
INTERRUPTION AND LOSSES OCCASIONED THEREBY SUSTAINED BY TENANT OR ANY PERSON
CLAIMING THROUGH TENANT RESULTING FROM ANY ACCIDENT OR OCCURRENCE IN OR UPON THE
PREMISES OR THE PROJECT FROM ANY CAUSE WHATSOEVER.
22
(F)
LANDLORD MAY REQUIRE INSURANCE POLICY
LIMITS TO BE RAISED TO CONFORM WITH REQUIREMENTS OF LANDLORD'S LENDER AND/OR TO
BRING COVERAGE LIMITS TO LEVELS THEN BEING GENERALLY REQUIRED OF NEW TENANTS
WITHIN THE PROJECT.
18.
RESTORATION. IF, AT ANY TIME DURING THE
TERM, ANY PORTION OF THE PROJECT OR THE PREMISES ARE DAMAGED OR DESTROYED BY A
FIRE OR OTHER INSURED CASUALTY, TENANT SHALL IMMEDIATELY NOTIFY LANDLORD OF THE
OCCURRENCE THEREOF AND LANDLORD SHALL NOTIFY TENANT WITHIN 60 DAYS AFTER
DISCOVERY OF SUCH DAMAGE AS TO THE AMOUNT OF TIME LANDLORD REASONABLY ESTIMATES
IT WILL TAKE TO RESTORE THE PROJECT OR THE PREMISES COMMENCING UPON TENANT'S
RECEIPT OF ALL APPLICABLE HAZARDOUS MATERIALS CLEARANCES (AS DEFINED BELOW), AS
APPLICABLE (THE "RESTORATION PERIOD"). IF THE RESTORATION PERIOD IS ESTIMATED TO
EXCEED NINE (9) MONTHS (THE "MAXIMUM RESTORATION PERIOD"), LANDLORD MAY, IN SUCH
NOTICE, ELECT TO TERMINATE THIS LEASE AS OF THE DATE THAT IS SEVENTY-FIVE (75)
DAYS AFTER THE DATE OF DISCOVERY OF SUCH DAMAGE OR DESTRUCTION; PROVIDED,
HOWEVER, THAT NOTWITHSTANDING LANDLORD'S ELECTION TO RESTORE, TENANT MAY ELECT
TO TERMINATE THIS LEASE BY WRITTEN NOTICE TO LANDLORD DELIVERED WITHIN TEN (10)
DAYS OF RECEIPT OF A NOTICE FROM LANDLORD ESTIMATING A RESTORATION PERIOD FOR
THE PREMISES LONGER THAN THE MAXIMUM RESTORATION PERIOD. UNLESS EITHER LANDLORD
OR TENANT SO ELECTS TO TERMINATE THIS LEASE, LANDLORD SHALL, SUBJECT TO RECEIPT
OF SUFFICIENT INSURANCE PROCEEDS (WITH ANY DEDUCTIBLE TO BE TREATED AS A CURRENT
OPERATING EXPENSE), PROMPTLY RESTORE THE PREMISES (EXCLUDING THE IMPROVEMENTS
INSTALLED BY TENANT OR BY LANDLORD AND PAID FOR BY TENANT), SUBJECT TO DELAYS
ARISING FROM THE COLLECTION OF INSURANCE PROCEEDS, FROM FORCE MAJEURE EVENTS OR
AS NEEDED TO OBTAIN ANY LICENSE, CLEARANCE OR OTHER AUTHORIZATION OF ANY KIND
REQUIRED TO ENTER INTO AND RESTORE THE PREMISES ISSUED BY ANY GOVERNMENTAL
AUTHORITY HAVING JURISDICTION OVER THE USE, STORAGE, HANDLING, TREATMENT,