DAYS AFTER THE EXPIRATION
DATES THEREOF, CERTIFICATES FROM TENANT'S INSURANCE COMPANY ON THE FORMS
CURRENTLY DESIGNATED "ACORD 28" (EVIDENCE OF COMMERCIAL PROPERTY INSURANCE) AND
"ACORD 25-S" (CERTIFICATE OF LIABILITY INSURANCE) OR THE EQUIVALENT.
ATTACHED
TO THE ACORD 25-S THERE SHALL BE AN ENDORSEMENT NAMING THE ADDITIONAL INSURED
PARTIES AS ADDITIONAL INSUREDS WHICH SHALL BE BINDING ON TENANT'S INSURANCE
COMPANY.
15.05
TENANT SHALL MAINTAIN SUCH INCREASED AMOUNTS OF THE
INSURANCE REQUIRED TO BE CARRIED BY TENANT UNDER THIS SECTION 15, AND SUCH OTHER
TYPES AND AMOUNTS OF INSURANCE COVERING THE PREMISES AND TENANT'S OPERATIONS
THEREIN, AS MAY BE REASONABLY REQUESTED BY LANDLORD IN WRITING AT LEAST SIXTY
(60) DAYS IN ADVANCE, BUT NOT IN EXCESS OF THE AMOUNTS AND TYPES OF INSURANCE
THEN BEING REQUIRED BY LANDLORDS OF BUILDINGS COMPARABLE TO AND IN THE VICINITY
OF THE BUILDING.
LANDLORD SHALL MAINTAIN (I) PROPERTY INSURANCE COVERING THE
BUILDING (INCLUDING THE LANDLORD WORK BUT EXCLUDING ALL ALTERATIONS), AND
(II) RENT INTERRUPTION INSURANCE FOR UP TO ONE (1) YEAR ("RENT INTERRUPTION
INSURANCE"), AND (III) COMMERCIAL GENERAL LIABILITY
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INSURANCE, ON AN OCCURRENCE BASIS, WITH MINIMUM PRIMARY LIMITS AT LEAST EQUAL TO
THOSE REQUIRED OF TENANT ABOVE.
SUCH INSURANCE SHALL BE WRITTEN ON AN "ALL
RISKS" OF DIRECT PHYSICAL LOSS OR DAMAGE BASIS, FOR THE FULL REPLACEMENT COST
VALUE (SUBJECT TO DEDUCTIBLE AMOUNTS) WITHOUT DEDUCTION FOR DEPRECIATION OF THE
COVERED ITEMS AND IN AMOUNTS THAT MEET ANY CO-INSURANCE CLAUSES OF THE POLICIES
OF INSURANCE, AND SHALL INCLUDE COVERAGE FOR DAMAGE OR OTHER LOSS CAUSED BY FIRE
OR OTHER PERIL, TOGETHER WITH SUCH OTHER INSURANCE COVERAGE AS LANDLORD, IN ITS
REASONABLE JUDGMENT, MAY ELECT TO MAINTAIN.
16.
SUBROGATION.
Each party waives, and shall cause its insurance carrier to waive, any right of
recovery against the other for any loss of or damage to property, whether
resulting from such party's negligence or willful misconduct or otherwise, which
loss or damage is (or, if the insurance required hereunder had been carried,
would have been) covered by insurance.
For purposes of this Section 16, any
deductible with respect to a party's insurance shall be deemed covered by, and
recoverable by such party under, valid and collectable policies of insurance.
17.
CASUALTY DAMAGE.
17.01
TENANT SHALL KEEP THE TENANT-INSURED IMPROVEMENTS
INSURED AGAINST LOSS OR DAMAGE CAUSED BY ANY PERIL COVERED UNDER FIRE AND ALL
RISK INSURANCE IN ACCORDANCE WITH SECTION 15.02 OF THIS LEASE.
THE PROCEEDS OF
SUCH TENANT'S INSURANCE SHALL BE USED BY TENANT ONLY FOR THE REPLACEMENT OR
RESTORATION OF SUCH TENANT-INSURED IMPROVEMENTS IN A MANNER TO BE DESIGNED BY
TENANT AT THE TIME, SUBJECT TO LANDLORD'S APPROVAL, WHICH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED, EXCEPT THAT SUCH PROCEEDS SHALL
BE PAID TO LANDLORD IF EITHER (I) LANDLORD TERMINATES THIS LEASE UNDER THIS
SECTION 17, OR (II) TENANT TERMINATES THIS LEASE UNDER THIS SECTION 17.
ALL
REPAIRS AND REPLACEMENTS OF THE TENANT-INSURED IMPROVEMENTS SHALL BE MADE BY AND
AT THE EXPENSE OF TENANT, USING THE ENTIRE PROCEEDS OF INSURANCE ON THE
TENANT-INSURED IMPROVEMENTS PLUS