Agenda - Council - 06/09/2009 - Special

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9.2 General Liability and Related Insurance. Commercial general liability insurance, providing coverage on an "occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and Independent Contractors, in current Insurance Services Office form or other form which provides coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000.00 applying to Bodily Injury, Property Damage and Personal Injury, which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination with umbrella or excess policies so long as the coverage is at least as broad as that required herein. Such liability, umbrellas and/or excess policies may be subject to aggregate limits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit stated above, and provided further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become reduced or exhausted. Landlord shall be named as additional insured under all such policies. 9.3 On or before the Commencement Date, Tenant shall deliver to Landlord evidence that the insurance required by this Lease is in full force and effect. at least ten (10) days prior to expiration of any such coverage, Tenant shall deliver evidence that the coverage in question will be renewed or replaced upon expiration. Such evidence of insurance shall be in writing signed by a party authorized to bind the insurer, authorize Landlord to rely thereon, and shall contain sufficient information to enable Landlord to determine whether Tenant's insurance complies with the requirements of this Lease. Upon request, Tenant shall also furnish insurer-certified copies of all pertinent policies. All policies used to provide the coverage required by this Lease shall (i) be endorsed to require the insurer to provide at least ten (10) days notice to Landlord prior to cancellation or non-renewal, and (ii) be issued by financially sound companies having all A.M. Best Company rating of at least A:VII. Tenant may not maintain any insurance concurrent in form or contributing in the event of loss with that required by Section 9.2 unless Landlord is named therein as additional insured as provided in Section 9.2. 10. SUBROGATION WAIVER Notwithstanding any other provision in this Lease to the contrary, Landlord and Tenant hereby release each other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to person or property where and to the extent such loss or danlage is insured against under any insurance policy, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. If necessary to cause the insurer to effectively waive its subrogation rights, Landlord and Tenant each agree that its insurance policies will include such a clause or endorsement so long as the same shall be available without cost. In the event such a provision is not available without cost, the released party shall pay the cost thereof to the releasing party. 11. LANDLORD'S RIGHT OF ENTRY 11.1 For Inspection. Upon twenty-four (24) hours notice to the Tenant, Landlord and Landlord's agents and representatives shall have the right to enter into or upon the Leased Premises, or any part thereof at all reasonable hours for the purpose of examining the same. 7