Laserfiche WebLink
liability, umbrella and/or excess policies may be subject to aggregate limits so long as the <br /> aggregate limits have not at any pertinent time been reduced to less than the policy limit stated <br /> above, and provided further that any umbrella or excess policy provides coverage from the point <br /> that such aggregate limits in the basic policy become reduced or exhausted. Landlord shall be <br /> named as additional insured under all such policies. <br /> At least ten (10) days prior to entry by Tenant on the Premises, Tenant shall deliver to <br /> Landlord evidence that the insurance required by this Lease is in full force and effect. At least <br /> thirty (30) days prior to expiration of any such coverage, Tenant shall deliver evidence that the <br /> coverage in question will be renewed or replaced upon expiration. Such evidence of insurance <br /> shall be in writing signed by a party authorized to bind the insurer, authorize Landlord to rely <br /> thereon,and shall contain sufficient information to enable Landlord to determine whether Tenant's <br /> insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish <br /> insurer-certified copies of all pertinent policies. All polices used to provide the coverage required <br /> by this Lease shall (i)be endorsed to require the insurer to provide at least thirty(30) days' notice <br /> to Landlord prior to cancellation or non-renewal,and(ii)be issued by financially sound companies <br /> having an A.M. Best Company rating of at least ANII. <br /> 13. FIRE OR OTHER CASUALTY: <br /> If the Premises or the Building shall be damaged by fire or other cause Landlord shall at <br /> its option either(a)undertake to restore such damage with all due diligence, or(b) in the event the <br /> Premises or the Building are damaged by fire or other cause to such extent that damage cannot, in <br /> Landlord's sole judgment, be economically repaired within 90 days after the date of such damage <br /> (taking into account the time necessary to effectuate a satisfactory settlement with any insurance <br /> company and using normal construction methods without overtime or other premium), terminate <br /> this Lease,by notice given to Tenant within 60 days after the date of the damage. Any termination <br /> hereunder by reason of damage to the Premises shall be effective as of the date of the damage. <br /> Any termination by reason of damage to the Building but not the Premises shall be effective as of <br /> the date notice is given. If Landlord elects to restore, Landlord shall not be obligated to restore <br /> any improvements in the Premises which were not owned and constructed by Landlord. Upon <br /> substantial completion by Landlord of its work, Tenant shall undertake to restore its leasehold <br /> improvements and trade fixtures with all due diligence. This Lease shall, unless terminated by <br /> Landlord,remain in full force and effect following such damage, and, in the case of damage to the <br /> Premises, the Rent, prorated to the extent that the Premises are rendered untenantable, shall be <br /> equitably abated until such repairs are completed; provided, however, that if Tenant does not <br /> restore its leasehold improvements and trade fixtures with due diligence, abatement shall cease as <br /> of the date restoration could have been completed using due diligence. <br /> 14. CONDEMNATION: <br /> If the whole or any substantial part of the Premises shall be taken or condemned or <br /> purchased under threat of condemnation by any governmental authority, then the Term of this <br /> Lease shall cease and terminate as of the date when the interference with the possession,enjoyment <br /> or value of the Premises occurs and Tenant shall have no claim against the condemning authority, <br /> Landlord or otherwise, for any portion of the amount that may be awarded as damages as a result <br /> of such taking or condemnation or for the value of any unexpired Term of the Lease, provided, <br /> however, that landlord shall not be entitled to any separate award made to Tenant for loss of <br /> business, relocation costs or the value of the cost of removal of stock and trade fixtures and any <br /> 7 <br /> 416585v5 SJR MU210-35 <br />