NOT
INTENDED AND SHALL NOT RELIEVE ANY INSURANCE CARRIER OF ITS OBLIGATIONS UNDER
POLICIES REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THE 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 OCCURRING PRIOR TO
SUCH EXPIRATION OR TERMINATION.
10.2
TENANT'S COMPLIANCE WITH LANDLORD'S FIRE AND CASUALTY INSURANCE.
TENANT SHALL, AT TENANT'S EXPENSE, COMPLY WITH ALL INSURANCE COMPANY
REQUIREMENTS PERTAINING TO THE USE OF THE PREMISES.
IF TENANT'S CONDUCT OR USE
OF THE PREMISES CAUSES ANY INCREASE IN THE PREMIUM FOR ANY INSURANCE POLICIES
CARRIED BY LANDLORD, THEN TENANT SHALL REIMBURSE LANDLORD FOR ANY SUCH INCREASE.
TENANT, AT TENANT'S EXPENSE, SHALL COMPLY WITH ALL RULES, ORDERS, REGULATIONS OR
REQUIREMENTS OF THE AMERICAN INSURANCE ASSOCIATION (FORMERLY THE NATIONAL BOARD
OF FIRE UNDERWRITERS) AND WITH ANY SIMILAR BODY.
10.3
TENANT'S INSURANCE.
TENANT SHALL MAINTAIN THE FOLLOWING COVERAGES
IN THE FOLLOWING AMOUNTS AT ALL TIMES FOLLOWING THE DATE (THE "INSURANCE START
DATE") WHICH IS THE EARLIER OF (I) TENANT'S ENTRY INTO THE PREMISES TO PERFORM
ANY WORK THEREIN, OR (II) THE LEASE COMMENCEMENT DATE, AND CONTINUING THEREAFTER
THROUGHOUT THE LEASE TERM:
10.3.1
COMMERCIAL GENERAL LIABILITY INSURANCE COVERING THE INSURED AGAINST
CLAIMS OF BODILY INJURY, PERSONAL INJURY AND PROPERTY DAMAGE ARISING OUT OF
TENANT'S OPERATIONS, ASSUMED LIABILITIES OR USE OF THE PREMISES, INCLUDING A
COMMERCIAL GENERAL LIABILITY ENDORSEMENT COVERING THE INSURING PROVISIONS OF
THIS LEASE AND THE PERFORMANCE BY TENANT OF THE INDEMNITY AGREEMENTS SET FORTH
IN SECTION 10.1 OF THIS LEASE, FOR LIMITS OF LIABILITY NOT LESS THAN:
(I) BODILY INJURY AND PROPERTY DAMAGE LIABILITY - $5,000,000 EACH OCCURRENCE AND
$5,000,000 ANNUAL AGGREGATE, AND (II) PERSONAL INJURY LIABILITY - $5,000,000
EACH OCCURRENCE AND $5,000,000 ANNUAL AGGREGATE.
10.3.2
PHYSICAL DAMAGE INSURANCE COVERING (I) ALL OFFICE FURNITURE, TRADE
FIXTURES, OFFICE EQUIPMENT, MERCHANDISE AND ALL OTHER ITEMS OF TENANT'S PROPERTY
ON THE PREMISES INSTALLED BY, FOR, OR AT THE EXPENSE OF TENANT, AND (II) ALL
ALTERATIONS AND OTHER IMPROVEMENTS AND ADDITIONS IN AND TO THE PREMISES WHETHER
OWNED BY LANDLORD OR TENANT PURSUANT TO THIS LEASE.
SUCH INSURANCE SHALL BE
WRITTEN ON AN "ALL RISKS" OF PHYSICAL LOSS OR DAMAGE BASIS, FOR THE GUARANTEED
REPLACEMENT COST VALUE NEW 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 A VANDALISM AND MALICIOUS MISCHIEF ENDORSEMENT,
SPRINKLER LEAKAGE COVERAGE AND EARTHQUAKE SPRINKLER LEAKAGE COVERAGE.
10.3.3
BUSINESS INTERRUPTION, LOSS-OF-INCOME AND EXTRA-EXPENSE INSURANCE IN
SUCH AMOUNTS AS WILL REIMBURSE TENANT FOR DIRECT OR INDIRECT LOSS OF EARNINGS
ATTRIBUTABLE TO ALL PERILS COMMONLY INSURED
15
AGAINST BY PRUDENT TENANTS OR ATTRIBUTABLE TO PREVENTION OF ACCESS TO THE
PREMISES OR TO THE BUILDING AS A RESULT OF SUCH PERILS.
10.3.4
THE MINIMUM LIMITS OF POLICIES OF INSURANCE REQUIRED OF TENANT UNDER
THIS LEASE SHALL IN NO EVENT LIMIT THE LIABILITY OF TENANT UNDER THIS LEASE.
SUCH INSURANCE SHALL:
(I) NAME LANDLORD, AND ANY OTHER PARTY IT SO SPECIFIES,
AS AN ADDITIONAL