PROVIDED THAT THE SERVICES ARE
SUBSTANTIALLY SIMILAR TO THE SERVICES EXISTING AS OF THE COMMENCEMENT DATE.
ANY
WIRING, CABLING OR OTHER EQUIPMENT NECESSARY TO CONNECT TENANT'S
TELECOMMUNICATIONS EQUIPMENT SHALL BE TENANT'S RESPONSIBILITY, AND SHALL BE
INSTALLED IN A MANNER APPROVED BY LANDLORD.
IN THE EVENT TENANT'S CONSUMPTION
OF ANY UTILITY OR OTHER SERVICE INCLUDED IN OPERATING EXPENSES IS EXCESSIVE WHEN
COMPARED WITH OTHER OCCUPANTS OF THE PROPERTY, LANDLORD MAY INVOICE TENANT
SEPARATELY FOR, AND
4
TENANT SHALL PAY ON DEMAND, THE COST OF TENANT'S EXCESSIVE CONSUMPTION, AS
REASONABLY DETERMINED BY LANDLORD.
8.
INSURANCE; WAIVERS; INDEMNIFICATION.
(A)
LANDLORD SHALL MAINTAIN INSURANCE AGAINST LOSS OR DAMAGE TO THE
BUILDING OR THE PROPERTY WITH COVERAGE FOR PERILS AS SET FORTH UNDER THE "CAUSES
OF LOSS-SPECIAL FORM" OR EQUIVALENT PROPERTY INSURANCE POLICY IN AN AMOUNT EQUAL
TO THE FULL INSURABLE REPLACEMENT COST OF THE BUILDING (EXCLUDING COVERAGE OF
TENANT'S PERSONAL PROPERTY AND ANY ALTERATIONS BY TENANT), AND SUCH OTHER
INSURANCE, INCLUDING RENT LOSS COVERAGE, AS LANDLORD MAY REASONABLY DEEM
APPROPRIATE OR AS ANY MORTGAGEE MAY REQUIRE.
(B)
TENANT, AT ITS EXPENSE, SHALL KEEP IN EFFECT COMMERCIAL GENERAL
LIABILITY INSURANCE, INCLUDING BLANKET CONTRACTUAL LIABILITY INSURANCE, COVERING
TENANT'S USE OF THE PROPERTY, WITH SUCH COVERAGES AND LIMITS OF LIABILITY AS
LANDLORD MAY REASONABLY REQUIRE, BUT NOT LESS THAN COMBINED SINGLE LIMITS OF
$5,000,000 PER OCCURRENCE AND IN THE AGGREGATE FOR BODILY INJURY OR PROPERTY
DAMAGE; HOWEVER, SUCH LIMITS SHALL NOT LIMIT TENANT'S LIABILITY HEREUNDER.
ANY
GENERAL AGGREGATE LIMIT SHALL APPLY ON A "PER LOCATION" BASIS.
THE POLICY SHALL
NAME LANDLORD, LIBERTY PROPERTY TRUST AND ANY OTHER ASSOCIATED OR AFFILIATED
ENTITY AS THEIR INTERESTS MAY APPEAR AND AT LANDLORD'S REQUEST, ANY
MORTGAGEE(S), AS ADDITIONAL INSUREDS WITH RESPECT TO THE PREMISES, SHALL BE
WRITTEN ON AN "OCCURRENCE" BASIS AND NOT ON A "CLAIMS MADE" BASIS AND SHALL BE
ENDORSED TO PROVIDE THAT IT IS PRIMARY TO AND NOT CONTRIBUTORY TO ANY POLICIES
CARRIED BY LANDLORD AND TO PROVIDE THAT IT SHALL NOT BE CANCELABLE OR REDUCED
WITHOUT AT LEAST 30 DAYS PRIOR NOTICE TO LANDLORD.
THE INSURER SHALL BE
AUTHORIZED TO ISSUE SUCH INSURANCE, LICENSED TO DO BUSINESS AND ADMITTED IN THE
STATE IN WHICH THE PROPERTY IS LOCATED AND RATED AT LEAST A VII IN THE MOST
CURRENT EDITION OF BEST'S INSURANCE REPORTS.
TENANT SHALL DELIVER TO LANDLORD
ON OR BEFORE THE COMMENCEMENT DATE OR ANY EARLIER DATE ON WHICH TENANT ACCESSES
THE PREMISES, AND AT LEAST 30 DAYS PRIOR TO THE DATE OF EACH POLICY RENEWAL, A
CERTIFICATE OF INSURANCE EVIDENCING SUCH COVERAGE.
(C)
LANDLORD AND TENANT EACH WAIVE, AND RELEASE EACH OTHER FROM AND
AGAINST, ALL CLAIMS FOR RECOVERY AGAINST THE OTHER FOR ANY LOSS OR DAMAGE TO THE
PROPERTY OF SUCH PARTY ARISING OUT OF FIRE OR OTHER CASUALTY COVERABLE BY A
STANDARD "CAUSES OF LOSS-SPECIAL FORM" PROPERTY INSURANCE POLICY WITH, IN THE
CASE OF TENANT, SUCH ENDORSEMENTS AND ADDITIONAL COVERAGES AS ARE CONSIDERED
GOOD BUSINESS PRACTICE IN TENANT'S BUSINESS, EVEN IF SUCH LOSS OR DAMAGE SHALL
BE BROUGHT ABOUT BY THE FAULT