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8.2 SR 05-20-2024
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8.2 SR 05-20-2024
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C. Each insurance policy required hereunder shall provide that the insured party <br />has relinquished all rights to recover against the other party for loss or damage resulting from <br />perils insured against by the policy, to the extent of the coverage. Each party waives any claim <br />against the other for any loss or damage which is covered by insurance maintained pursuant to <br />this Sub -Lease. Landlord and Tenant shall promptly notify their respective insurance carrier(s) <br />of this waiver of subrogation rights. <br />D. In the event that the use of the Demised Premises by Tenant increases the <br />premium rate for insurance carried by Landlord on the Property, the Building or any portion <br />thereof, Tenant shall pay Landlord upon demand the amount of such premium increase. If <br />Tenant installs or uses any electrical equipment that overloads the power lines to the Building <br />or its wiring, Tenant shall, at its own expense, make whatever changes are necessary to comply <br />with the requirements of the insurance underwriter, insurance rating bureau, and governmental <br />authorities having jurisdiction. <br />E. Tenant shall during the term hereof keep in full force and effect at its expense a <br />policy or policies of public liability insurance with respect to the Demised Premises and the <br />business of Tenant, under limits of liability not less than $1,000,000 combined single limit. Such <br />policy or policies shall provide that ten (10) days' written notice must be given to Landlord <br />prior to cancellation or material amendment thereof. Tenant shall furnish evidence satisfactory <br />to Landlord at the time this Sub -Lease is executed and thereafter, on request, that such coverage <br />is in full force and effect. Tenant's providing insurance as prescribed herein does not release <br />Tenant from liability to Landlord under this Sub -Lease or otherwise under applicable law, nor <br />does it otherwise limit that liability, except as to those claims expressly waived under another <br />provision of this Sub -Lease. Tenant will indemnify and defend Landlord and hold Landlord <br />harmless, including reasonable attorney's fees, from claims for personal injury or property <br />damage asserted by Tenant's employees, agents, invitees, or any other person, or any business <br />entity, arising from Tenant's operations on the Demised Premises during the term of this Sub - <br />Lease. <br />ARTICLE 14. NON -LIABILITY <br />Unless caused by Landlord's gross negligence, under no circumstances shall Landlord <br />be liable to Tenant or persons claiming through Tenant for any loss or damage to any property <br />of Tenant or of others by theft or destruction; any injury or damage to persons or property <br />resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks <br />from any part of the Property or from the pipes, appliances, or plumbing works or from the <br />roof, street or subsurface or from any other place or by dampness or by any other cause of <br />whatsoever nature. Under no circumstances will Landlord be liable to Tenant or persons <br />claiming through Tenant for any such damage caused by any other tenant, other occupant, or <br />invitee of the Property, or the public, or caused by operations in construction of any private, <br />public or quasi -public work, or caused by the absence or interruption of utilities; any loss or <br />damage resulting from acts of God or any cause beyond Landlord's reasonable control; any loss <br />or damage caused by Landlord's failure to make the Demised Premises available for occupancy <br />on the scheduled commencement date of the Sub -Lease term; or any consequential damage no <br />matter what the cause. <br />-5- <br />Page 294 of 430 <br />
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