ACTIVE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE LANDLORD PARTIES,
INCURRED IN CONNECTION WITH OR ARISING FROM: (A) ANY CAUSES IN, ON OR ABOUT THE
PREMISES; (B) THE USE OR OCCUPANCY OF THE PREMISES BY TENANT OR ANY PERSON
CLAIMING UNDER TENANT; (C) ANY ACTIVITY, WORK, OR THING DONE, OR PERMITTED OR
SUFFERED BY TENANT IN OR ABOUT THE PREMISES; (D)
ANY WRONGFUL ACTS OR
OMISSIONS, OR NEGLIGENCE OF TENANT OR OF ANY PERSON CLAIMING UNDER TENANT, OR
THE CONTRACTORS, AGENTS, EMPLOYEES, INVITEES, OR VISITORS OF TENANT OR ANY SUCH
PERSON; OR (E) ANY BREACH, VIOLATION, OR NON-PERFORMANCE BY TENANT OR ANY PERSON
CLAIMING UNDER TENANT OR THE EMPLOYEES, AGENTS, CONTRACTORS, INVITEES, OR
VISITORS OF TENANT OR ANY SUCH PERSON OF ANY TERM, COVENANT, OR PROVISION OF
THIS LEASE OR ANY LAW, ORDINANCE, OR GOVERNMENTAL REQUIREMENT OF ANY KIND.
FURTHER, TENANT'S AGREEMENT TO INDEMNIFY LANDLORD PURSUANT TO THIS SECTION 10.1
IS NOT INTENDED AND SHALL NOT RELIEVE ANY INSURANCE CARRIER OF ITS OBLIGATIONS
UNDER POLICIES REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THE PROVISIONS OF
THIS LEASE, TO THE EXTENT SUCH POLICIES COVER THE MATTERS SUBJECT TO
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TENANT'S INDEMNIFICATION OBLIGATIONS; NOR SHALL THEY SUPERSEDE ANY INCONSISTENT
AGREEMENT OF THE PARTIES SET FORTH IN ANY OTHER PROVISION OF THIS LEASE.
THE
PROVISIONS OF THIS SECTION 10.1 SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS LEASE WITH RESPECT TO ANY CLAIMS OR LIABILITY ARISING IN
CONNECTION WITH ANY EVENT OCCURRING PRIOR TO SUCH EXPIRATION OR TERMINATION.
10.2
LANDLORD'S FIRE, CASUALTY AND LIABILITY INSURANCE.
10.2.1
LANDLORD SHALL MAINTAIN COMMERCIAL GENERAL LIABILITY INSURANCE
WITH RESPECT TO THE BUILDING DURING THE LEASE TERM COVERING CLAIMS FOR BODILY
INJURY, PERSONAL INJURY AND PROPERTY DAMAGE IN THE PROJECT COMMON AREAS AND WITH
RESPECT TO LANDLORD'S ACTIVITIES IN THE PREMISES.
10.2.2
LANDLORD SHALL INSURE THE BASE BUILDING AND LANDLORD'S REMAINING
INTEREST IN THE TENANT IMPROVEMENTS AND ALTERATIONS WITH A POLICY OF PHYSICAL
DAMAGE INSURANCE INCLUDING BUILDING ORDINANCE COVERAGE, WRITTEN ON A STANDARD
CAUSES OF LOSS - SPECIAL FORM BASIS (AGAINST LOSS OR DAMAGE DUE TO FIRE AND
OTHER CASUALTIES COVERED WITHIN THE CLASSIFICATION OF FIRE AND EXTENDED
COVERAGE, VANDALISM, AND MALICIOUS MISCHIEF, SPRINKLER LEAKAGE, WATER DAMAGE AND
SPECIAL EXTENDED COVERAGE).
10.2.3
LANDLORD SHALL MAINTAIN BOILER AND MACHINERY/EQUIPMENT BREAKDOWN
INSURANCE COVERING THE BUILDING AGAINST RISKS COMMONLY INSURED AGAINST BY A
BOILER & MACHINERY/EQUIPMENT BREAKDOWN POLICY AND SUCH POLICY SHALL COVER THE
FULL REPLACEMENT COSTS, WITHOUT DEDUCTION FOR DEPRECIATION.
10.2.4
THE FOREGOING COVERAGES MAY CONTAIN COMMERCIALLY REASONABLE
DEDUCTIBLE AMOUNTS, AND BE ON SUCH OTHER TERMS AND CONDITIONS (INCLUDING POLICY
LIMITS) AND ISSUED BY SUCH CARRIERS, AS LANDLORD MAY FROM TIME TO TIME
REASONABLY DETERMINE.
10.2.5
ADDITIONALLY, AT THE OPTION OF LANDLORD, SUCH INSURANCE COVERAGE
MAY INCLUDE THE RISK OF (I) EARTHQUAKE, (II) FLOOD DAMAGE AND ADDITIONAL
HAZARDS, (III) A RENTAL LOSS ENDORSEMENT FOR A PERIOD OF UP TO TWO (2) YEARS,
(IV) ONE OR MORE LOSS PAYEE ENDORSEMENTS IN FAVOR OF HOLDERS OF ANY MORTGAGES OR
DEEDS OF TRUST ENCUMBERING THE INTEREST OF LANDLORD IN