Insurance on Personal Property, Improvements and Business Interruption. Tenant shall procure at its own expense and will keep in force during the Term and any extension thereof, insurance on all Improvements and Tenant’s trade fixtures, merchandise and personal property in the Premises with a responsible insurance company authorized to do business in the State in which the Property is located, and otherwise acceptable to Landlord, which insurance, at a minimum, shall insure against destruction of damage by fire and other perils covered by an ISO Commercial Property Special Cause of Loss form or its equivalent and shall include replacement cost coverage and agreed value endorsements. Such insurance shall be in the joint names of Landlord, Txxxxx, any mortgagee of Landlord’s interest in this Lease, and such other parties as Landlord may specify, as their interests may appear. All proceeds shall be payable in case of loss to Landlord, and Tenant will pay all premiums on such insurance when due. Notwithstanding anything in Section 13.1 to the contrary, in every case of loss or damage to such Improvements, trade fixtures, merchandise and personal property, Tenant, with all reasonable speed, will use all proceeds of such insurance for rebuilding, repairing or otherwise reinstating the improvements, trade fixtures, merchandise and personal property, in a good and substantial manner, and Tenant will make up from its own funds any deficiency in such insurance proceeds, unless this Lease is terminated as provided in Section 13.1.2, in which case Tenant shall be entitled to payment from such proceeds of an amount equal to the unamortized cost of Improvements made by Tenant, and the fair value of Tenant’s trade fixtures, merchandise and personal property. Landlord may elect to maintain such insurance, which would insure against loss of the Improvements, and in such event, upon written notice to Tenant from Landlord, Tenant will be relieved of the requirement of this Section of the Lease but only as to Improvements. The cost of any such insurance maintained by Landlord shall be an Operating Expense as provided in Section 2.15. The foregoing provisions shall not alter the requirement of business interruption insurance that Tenant must carry. The amount of business interruption insurance shall be sufficient for Tenant to make all payments required under this Lease as well as all other continuing obligations of Tenant respecting its operations in the Premises for a period of twelve (12) months.
