by Tenant.
Tenant shall at Tenant's sole cost obtain insurance coverage to the extent
Tenant desires protection against such criminal acts.
17.
INSURANCE; WAIVER OF SUBROGATION.
(A)
LANDLORD, AS PART OF OPERATING EXPENSES,
SHALL CARRY INSURANCE UPON THE BUILDING (INCLUDING BUT NOT LIMITED TO THE TENANT
IMPROVEMENTS, ALTERATIONS AND BUILDING SYSTEMS), IN AN AMOUNT EQUAL TO FULL
REPLACEMENT COST (EXCLUSIVE OF THE COSTS OF EXCAVATION, FOUNDATIONS AND
FOOTINGS, AND WITHOUT REFERENCE TO DEPRECIATION TAKEN BY LANDLORD UPON ITS BOOKS
OR TAX RETURNS) PROVIDING PROTECTION AGAINST ANY PERIL GENERALLY INCLUDED WITHIN
THE CLASSIFICATION "FIRE AND EXTENDED COVERAGE" TOGETHER WITH INSURANCE AGAINST
SPRINKLER DAMAGE (IF APPLICABLE), VANDALISM AND MALICIOUS MISCHIEF. LANDLORD,
SUBJECT TO AVAILABILITY AND COST THEREOF AND, AS PART OF OPERATING EXPENSES (BUT
NOT TO BE DEEMED AS BEING REQUIRED OF LANDLORD) SHALL FURTHER CARRY AS LANDLORD
DEEMS APPROPRIATE COVERAGE AGAINST FLOOD, ENVIRONMENTAL HAZARD AND EARTHQUAKE,
LOSS OR FAILURE OF BUILDING EQUIPMENT, RENTAL LOSS DURING THE PERIOD OF REPAIR
OR REBUILD, WORKMEN'S COMPENSATION INSURANCE AND FIDELITY BONDS FOR EMPLOYEES
EMPLOYED TO PERFORM SERVICES. LANDLORD, AS PART OF OPERATING EXPENSES, SHALL
CARRY PUBLIC LIABILITY INSURANCE WITH SINGLE LIMIT OF NOT LESS THAN
$1,000,000.00 FOR DEATH OR BODILY INJURY, OR PROPERTY DAMAGE WITH RESPECT TO THE
BUILDING.
(B)
TENANT, AT ITS SOLE COST AND EXPENSE, SHALL
MAINTAIN DURING THE TERM COMMERCIAL GENERAL LIABILITY INSURANCE, WITH A MINIMUM
LIMIT OF NOT LESS THAN $2,000,000 PER OCCURRENCE WITH RESPECT TO THE PREMISES.
THE COMMERCIAL GENERAL LIABILITY INSURANCE POLICY SHALL NAME LANDLORD, WITHOUT
LIABILITY FOR PREMIUMS, AS ADDITIONAL INSUREDS; BE ISSUED BY INSURANCE COMPANIES
WHICH HAVE A RATING OF NOT LESS THAN POLICYHOLDER RATING OF A- AND FINANCIAL
CATEGORY RATING OF AT LEAST CLASS XII IN "BEST'S INSURANCE GUIDE"; SHALL NOT BE
CANCELABLE (I) FOR REASONS OTHER THAN NONPAYMENT OF PREMIUM UNLESS AT LEAST
THIRTY (30) DAYS PRIOR WRITTEN NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD FROM THE
INSURER, AND (II) FOR NONPAYMENT OF PREMIUM UNLESS AT LEAST TEN (10) DAYS PRIOR
WRITTEN NOTICE SHALL HAVE BEEN GIVEN TO LANDLORD FROM THE INSURER; AND SHALL BE
WRITTEN AS PRIMARY POLICIES, NOT CONTRIBUTING WITH AND NOT IN EXCESS OF THE
COVERAGE WHICH LANDLORD MAY CARRY. CERTIFICATES OF INSURANCE SHOWING THE LIMITS
OF COVERAGE REQUIRED HEREUNDER AND SHOWING LANDLORD AS AN ADDITIONAL INSURED,
SHALL BE DELIVERED TO LANDLORD BY TENANT UPON COMMENCEMENT OF THE TERM AND UPON
EACH RENEWAL OF SAID INSURANCE. TENANT'S POLICY MAY BE A "BLANKET
21
policy" with an aggregate per location endorsement which specifically provides
that the amount of insurance shall not be prejudiced by other losses covered by
the policy. Tenant shall, at least twenty (20) days prior to the expiration of
such policies, furnish Landlord with renewal certificates. Tenant agrees that if
Tenant does not take out and maintain such insurance, Landlord may (but shall
not be required to) procure said insurance on Tenant's behalf and at its cost to
be paid as Additional Rent.
(C)
TENANT ASSUMES THE RISK OF DAMAGE TO ANY
FIXTURES, GOODS, INVENTORY, MERCHANDISE, EQUIPMENT, AND LEASEHOLD