|
I
<br /> ' ' I
<br /> . I
<br /> (iv) fire,explasion,or other h ;
<br /> (d) cauld cause the cancellation of or i crease in the rates for Licensor's insurance policies or '
<br /> Prog�g;
<br /> (e) involves the sale or display of pom graphic materials,drug paraphernalia,or alcohol;or I
<br /> (fl in Licensor's sole judgment could injure Licen$or's reputation or is inconsis#ent with a
<br /> family-oriented shopping center.
<br /> 10. Risk of Loss. �,icensee uses the Premis at its own risk. Licensor has no responsibility or
<br /> liability for loss of or damage to prope of Licensee, its employees, agents, cantractors, or
<br /> invitees. Licensor is not responsibte or liab e to Licensee or ta anyone claiming through Licensee
<br /> for loss or damage that may occur through e acts or amissions of any person or occupant of the
<br /> Entire Tract, from any cause whatsoeve Licens� shall not do ar�ything in or about the .
<br /> Prernises, �r bring anything onto the Prem'ses or keep anything on tl�e Promises that increases
<br /> Licensor's cost of insurance on the Entire T or any part of it. •
<br /> 11. Insuraoce. Licensee shall carry,during e Term,the foliowing insurance covering the use of
<br /> the Premises,from companies rated A-MI r better by A.M.Best:
<br /> (a) Workers Cornpensation covering ployees of Licensee in all states where Licensee
<br /> operates,with a wai�er of submga on in favor of Licensor(where permitted by law)and
<br /> Employer's Liability Insurance ith timits of at least $500,000.00 per accident or
<br /> diSease.
<br /> (b) Commercial General Liabrlity covering prCmises/operations, products/completed
<br /> operations, conuactual liability, nal/advertising injury, and contractors' contingent
<br /> Iiabitity, with combined single (i its of at least $2,Q00,000 per occurre.�ce far bodily
<br /> injury and property damage, inclu ing Licensor and its landlord as additional insureds,
<br /> and with Licensee's insurance bein primary to Licensor's.
<br /> (c) All Risk Property on all of Lice see-owned property, includ'mg perils cflvered by a
<br /> Causes of Loss - Special Form, including fire and extended coverage, windstorm,
<br /> vandalism, aad malicious mischief,and sprinkler leakage, at l00%replacement cost. If
<br /> Licensee is unable to obtain such Il Risk Property coverage from any source,Licensor �
<br /> may waive such caverage in its so e disc,retion, pmvided that any such waiver will not �
<br /> relieve Licensee from any tiabili otherwise covered by such coverage or require
<br /> Licensor to obtain such coverage o behalf of Licensee or in Licensor's own naine. �
<br /> �
<br /> Each policy must provide that it cannot be celled or materiatly changed without 30 days prior i
<br /> written notice to Licensor. Licensee w II provide Licensor, by the Start Date, insurance
<br /> certifcates for the required coverages an , upon request, copies of the policies. Licensee's
<br /> deductible under any policy must not ex d $10,000. Licensee wili require its contractors to
<br /> carry the same insurance. Licensee releas s Licensor, and on behatf of its insurers, waives its
<br /> right to recover against Licensor for loss r damage that is customarity insurable by a fire and '
<br /> extended coverage insurance policy.
<br /> 12. Defense and Indemnity.
<br /> (a) Licensee shall defend Licensor, its directors, o�cers, employees, and agents against all
<br /> clai�ns,actions,and proceedings azi ing out of actual or alleged injury to or death of any
<br /> person or loss of or dacnage to pro rty upon the Entire Tract, including the personnel or
<br /> propeRy of Licensor, its d'uectors officers, employe�s, agents, invitees, licensees, or i
<br /> ;
<br /> i
<br /> i
<br /> i ;
<br /> I I
<br /> �
<br />
|