|
B. Landlord's Insurance. Landlord agrees to carry with a reasonable and responsible insurer or insurers
<br /> during the Term hereof insurance for fire and extended coverage,insuring the improvements located upon the
<br /> • Subject Parcel including the Premises and all appurtenances thereof (except Tenant's merchandise, trade
<br /> fixtures,furnishings,operating equipment and personal property and also excepting wall coverings,carpeting
<br /> and drapes) in an amount not less than the greater of 80%of the full insurable value of the buildings or the
<br /> amount sufficient to prevent Landlord from becoming a co-insurer under the terms of the applicable policies.
<br /> Landlord shall also obtain rents loss insurance for a period of not less than six-(6) twelve 12 months.
<br /> Deductibles for all Landlord's insurance required herein shall be determined solely by Landlord. Landlord
<br /> may,at its option,also obtain comprehensive public liability insurance with respect to the Premises with such
<br /> limits as Landlord may from time to time determine is reasonable. Tenant shall pay to Landlord on the first
<br /> day of each month during the Term hereof Tenant's Proportionate Share of the cost of the premiums for such
<br /> insurance,except that the total cost of such comprehensive public liability insurance shall be paid by Tenant.
<br /> C. Tenant's "Proportionate Share". For purposes of this Article, Tenant's "Proportionate Share" shall
<br /> be equal to a percentage obtained by multiplying 100 by a fraction, the numerator of which shall be the
<br /> number of square feet of the Premises,and the denominator shall be the total number of rentable square feet
<br /> located upon the Subject Parcel for occupancy by Tenants,such area being called in this Article the"Rentable
<br /> Area". Changes in Rentable Area or the square footage of the Premises shall,for the purposes of determining
<br /> Tenant's Proportionate Share under this Article,be effective on the first day of the month coincident with or
<br /> immediately following such change, and the square footage of the Premises and the Rentable Area,
<br /> respectively, in effect for the whole of any accounting period shall be the average of such square footage of
<br /> the Premises and the Rentable Area, respectively, in effect on the first day of each calendar month of such
<br /> accounting period.
<br /> D. Increased Risks. Tenant will not do or suffer to be done,or keep or suffer to be kept, anything in,
<br /> upon or about the Premises which will invalidate or contravene Landlord's policies insuring against loss or
<br /> • damage by fire or other hazards (including,without limitation,public liability)or which will prevent Landlord
<br /> from procuring such policies in companies acceptable to Landlord. If anything done, omitted to be done or
<br /> suffered to be done by Tenant,or kept or suffered by Tenant to be kept,in,upon or about the Premises shall
<br /> cause the rate of fire or other insurance on the Premises or other property of Landlord in companies
<br /> acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises
<br /> for the use permitted under this Lease or to any other property for the use or uses made thereof,Tenant will
<br /> pay the amount of any increase.
<br /> E. Release. By this Article, Landlord and Tenant intend that the risk of loss or damage referred to in
<br /> Article 13 Section A(2) and (4), and Article 13 Section B, be borne by responsible insurance carriers to the
<br /> extent provided therein. Accordingly,anything in this Lease to the contrary notwithstanding,it is agreed that
<br /> each party (the "Releasing Party") hereby releases the other (the "Released Party") from liability which the
<br /> Released Party would,but for this Article,have had to the Releasing Party during the Term of this Lease,and
<br /> agree to look solely to,and to seek recovery only from their respective insurance carriers in the event of a loss
<br /> of a type referred to in said Article 13 Section A(2) and (4), and Article 13 Section B, to the extent that
<br /> coverage is to be provided thereunder, whether or not such loss is actually covered. For this purpose, any
<br /> applicable deductible amount shall be treated as though it were recoverable under such policies. Insofar as
<br /> Tenant is the Releasing Party,it will also release from any such liability any ground lessor(s)or mortgagee(s)
<br /> as if the ground lessor(s) and mortgagee(s) were each a Released Party under this Article 13 Section D.
<br /> ARTICLE 14: INDEMNITY AND WAIVER
<br /> A. Indemnities.
<br /> (1) Tenant will indemnify and defend Landlord and its officers and employees and save them
<br /> harmless from and against any and all claims, actions, damages, liability and expense in
<br /> • connection with loss of life and/or personal or bodily injury or damage to property occurring
<br /> in the Premises or arising from or out of the occupancy or use by Tenant of the Premises or
<br /> any part thereof, except to the extent caused by the negligent act or intentional misconduct
<br /> of Landlord or its agents, officers or employees.
<br /> (2) Landlord will indemnify and defend Tenant and its officers and employees and save them
<br /> harmless from and against any and all claims, actions, damages, liability and expense in
<br /> connection with loss of life and/or personal or bodily injury or damage to property occurring
<br /> in the Common Areas or arising from or out of the occupancy or use by Landlord of the
<br /> Common Areas or any part thereof, except to the extent caused by the negligent act or
<br /> intentional misconduct of Tenant or its agents, officers or employees.
<br /> (3) The indemnifications and hold harmless obligations as described in subparagraphs A(1) and
<br /> A(2) of this Article 14 shall not extend to or apply to any consequential damages,but shall
<br /> survive the expiration or termination of this Lease.
<br /> 376559.8 Redlined V8 to V7 9-27-% 16
<br />
|