Laserfiche WebLink
(1) Takes the position that the existence of such release vitiates or <br /> would adversely affect any policy so insuring the Releasing Party <br /> in a substantial manner and notice thereof is given to the Released <br /> Party, or <br /> (2) Requires the payment of a higher premium by reason of the <br /> existence of such release, unless in the latter case the Released <br /> Party within ten(10) days after notice thereof from the Releasing <br /> Party pays such increase in premium. <br /> 10.4 PROTECTION FROM SUBROGATION. Anything in this Lease to the <br /> contrary notwithstanding,neither Landlord nor Tenant shall be liable to the other for any <br /> business interruption or any loss or damage to property or injury to or death of persons occurring <br /> on the Demised Premises or the adjoining properties,mall areas, sidewalks, streets or alleys, or <br /> in any manner growing out of or connected with Tenant's use and occupation of the Demised <br /> Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused <br /> by the negligence or other fault of Landlord, or Tenant or of their respective agents, employees, <br /> subtenants, licensees or assignees to the extent that such business interruption or loss or damage <br /> to property or injury to or death of person is covered by or indemnified by proceeds received <br /> from insurance carried by other party(regardless of whether such insurance is payable to or <br /> protects Landlord of Tenant of both) or for which such party is otherwise reimbursed; and <br /> Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its <br /> agents, employees, subtenants, licensees and assignees, for any such loss or damage to property <br /> or injury to or death of persons to the extent the same is covered or indemnified by proceeds <br /> received from any such insurance, or for which reimbursement is otherwise received. Landlord's <br /> and Tenant's respective policies of insurance shall each contain a waiver of subrogation <br /> provision incorporating the above covenant and providing that the insurance shall not be <br /> invalidated by the insured's written waiver prior to a loss of any or all right of recovery against <br /> any party for any insured loss. It is expressly understood that Landlord shall not be liable to <br /> Tenant for any damages incurred by the latter as a result of the above and foregoing events; save <br /> and except as to any such damages caused by the willful or wanton conduct of Landlord, its <br /> agents or employees, provided such damages are not recoverable by Tenant pursuant to the <br /> insurance policies required to be provided by Tenant under this Lease or otherwise. <br /> 10.5 ADDITIONAL HAZARDS. Tenant covenants and agrees that it will not do or <br /> permit anything to be done in or upon the Demised Premises or bring in anything or keep <br /> anything therein which shall cause the cancellation of Landlord's insurance policies, or increase <br /> the rate of insurance, on the Building, above the standard rate on said premises and buildings. <br /> Tenant further agrees that in the event it shall do anything to so increase the insurance rate, <br /> Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom,which <br /> shall be due and payable as "additional rent"hereunder. At Tenant's request,Landlord shall <br /> make available for Tenant's inspection during regular business hours, all documents pertaining to <br /> Landlord's calculation of Tenant's"additional rent"required under this section. Said"additional <br /> Page 8 DRAFT-- 12/15/98--CHS Lease agreement <br />