Laserfiche WebLink
10 <br />235433v5 <br /> <br />substantially equivalent coverage. Lessee’s CGL insurance shall contain a provision <br />including Lessor as an additional insured. Such additional insured coverage: <br />i. shall be limited to bodily injury, property damage or personal and <br />advertising injury caused, in whole or in part, by Lessee, its employees, <br />agents or independent contractors; <br />ii. shall not extend to claims for punitive or exemplary damages arising out <br />of the acts or omissions of Lessor, its employees, agents or independent <br />contractors or where such coverage is prohibited by law or to claims <br />arising out of the gross negligence of Lessor, its employees, agents or <br />independent contractors; and <br />iii. shall not exceed Lessee’s indemnification obligation under this Lease, if <br />any. <br />(b) Notwithstanding the foregoing, Lessee shall have the right to self-insure <br />the coverages required in subsection (a). In the event Lessee elects to self-insure its <br />obligation to include Lessor as an additional insured, the following provisions shall apply <br />(in addition to those set forth in subsection (a)): <br />i. Lessor shall promptly and no later than thirty (30) days after notice thereof <br />provide Lessee with written notice of any claim, demand, lawsuit, or the <br />like for which it seeks coverage pursuant to this Section and provide <br />Lessee with copies of any demands, notices, summonses, or legal papers <br />received in connection with such claim, demand, lawsuit, or the like; <br />ii. Lessor shall not settle any such claim, demand, lawsuit, or the like without <br />the prior written consent of Lessee; and <br />iii. Lessor shall fully cooperate with Lessee in the defense of the claim, <br />demand, lawsuit, or the like. <br />11. Environmental Compliance <br />Except for the Equipment identified herein or in any Plans approved by Lessor, and <br />reasonable quantities of common materials ordinarily used in automobiles and <br />telecommunications operations (e.g., cleaning solvents, electronics, petroleum based products or <br />materials contained in back-up batteries), provided that such permitted Hazardous Materials (i) <br />are in normal and customary quantities, and (ii) are used, transported, handled, stored, labeled, <br />and disposed of in accordance with Regulatory Requirements, Lessee warrants, represents and <br />covenants that it will not bring on to the property, and its use on the Property will not generate, <br />any Hazardous Materials. This Lease may be terminated by Lessor immediately if Lessee is <br />responsible for contamination of the Property by Hazardous Materials in violation of the <br />foregoing representations and warranties. In such event Lessee shall be responsible for the <br />removal of all such Hazardous Materials from the Property and shall be liable to Lessor for any <br />costs incurred by Lessor to remove or clean up Hazardous Materials from the Property and shall <br />184