CARRY
SUCH POLLUTION LEGAL LIABILITY ENVIRONMENT INSURANCE PURSUANT TO THE FOREGOING
OPTION, TENANT SHALL COMPLY WITH THE EXPRESS COVERAGE REQUIREMENTS SET FORTH
HEREINBELOW AND SUCH INSURANCE COVERAGE SHALL OTHERWISE COMPLY WITH THE TCCS OF
SECTION 10.4, BELOW.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SECTION 10.2, THE COVERAGE AND AMOUNTS OF INSURANCE CARRIED BY LANDLORD IN
CONNECTION WITH THE BUILDING SHALL, AT A MINIMUM, BE COMPARABLE TO THE COVERAGE
AND AMOUNTS OF INSURANCE WHICH ARE CARRIED BY REASONABLY PRUDENT LANDLORDS OF
COMPARABLE BUILDINGS, AND WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY
COVERAGE AS REQUIRED BY APPLICABLE LAW.
TENANT SHALL, AT TENANT'S EXPENSE,
COMPLY WITH ALL COMMERCIALLY REASONABLE 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 SUCH INSURANCE POLICIES 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.
FOR PURPOSES OF THIS LEASE, THE
"POLLUTION LEGAL LIABILITY ENVIRONMENTAL INSURANCE" (AKA AN "OWNER'S POLICY" OF
ENVIRONMENTAL INSURANCE) SHALL MEAN INSURANCE (1) FROM AN INSURANCE CARRIER WITH
A CREDIT RATING OF NO LESS THAN AAA, IT BEING ACKNOWLEDGED AND AGREED BY
LANDLORD THAT, AS OF THE DATE OF THIS LEASE, KEMPER, AIG, CHUBB, ZURICH AND THE
XL INSURANCE COMPANY CURRENTLY SATISFY SUCH CREDIT RATING, AND (2) PROVIDING, AT
A MINIMUM, THE FOLLOWING:
(A) AN INITIAL 5-YEAR POLICY TERM (WITH SUCCESSIVE
1-YEAR TERMS RENEWABLE ON A ROLLING ANNUAL BASIS, UNTIL SUCH TIME AS THE POLICY
TERM EQUALS OR EXCEEDS THE LEASE EXPIRATION DATE), (B) $2,000,000 COVERAGE PER
INCIDENT OR OCCURRENCE, (C) $2,000,000 AGGREGATE COVERAGE, (D) A DEDUCTIBLE OR
SELF-INSURED RETENTION OF NO MORE THAN $25,000, AND (E) COVERAGE FOR: (A) KNOWN
AND UNKNOWN PRE-EXISTING CONDITIONS; (B) UNKNOWN AND LATER DISCOVERED
CONDITIONS; (C) ON-SITE AND OFF-SITE THIRD-PARTY CLAIMS FOR BODILY INJURY OR
PROPERTY DAMAGE; AND (D) LEGAL DEFENSE EXPENSES.
FURTHERMORE, THE POLICY OF
INSURANCE MUST INCLUDE AN AUTOMATIC EXTENDED REPORTING PERIOD THAT PROVIDES THE
INSURED A PERIOD OF NO LESS THAN SIXTY (60) DAYS FOLLOWING THE EFFECTIVE DATE OF
TERMINATION OF COVERAGE IN WHICH TO PROVIDE WRITTEN NOTICE TO THE INSURANCE
CARRIER OF CLAIMS FIRST MADE AND REPORTED WITHIN THE AUTOMATIC EXTENDED
REPORTING PERIOD.
ALL OTHER TERMS, COVERAGE, EXCLUSIONS, OR CONDITIONS OF THE
POLICY SHALL BE AT LANDLORD'S SOLE AND COMPLETE DISCRETION.
10.3
TENANT'S INSURANCE.
TENANT SHALL MAINTAIN THE
FOLLOWING COVERAGES IN THE FOLLOWING AMOUNTS.
10.3.1
COMMERCIAL GENERAL LIABILITY INSURANCE COVERING THE
INSURED AGAINST CLAIMS OF BODILY INJURY, PERSONAL INJURY AND PROPERTY DAMAGE
(INCLUDING LOSS OF USE THEREOF) ARISING OUT OF TENANT'S OPERATIONS, AND
CONTRACTUAL LIABILITIES (COVERING THE PERFORMANCE BY TENANT OF ITS INDEMNITY
AGREEMENTS) INCLUDING A BROAD FORM ENDORSEMENT COVERING THE INSURING PROVISIONS
OF THIS LEASE AND, TO THE EXTENT CONSISTENT WITH COMMERCIALLY STANDARD POLICIES
OF SUCH INSURANCE COVERAGE, THE PERFORMANCE BY TENANT OF THE INDEMNITY
AGREEMENTS SET FORTH IN SECTION 10.1 OF THIS LEASE, FOR LIMITS OF LIABILITY NOT