Common use of Tenant Subrogation Waiver Provisions Clause in Contracts

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenanttenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policiescasualty. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, Tenant as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, or if substantially all of the New York State Insurance Companies include such provisions as a matter of course and Tenant or such person fails to carry such fire and other insurance containing such provisions, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policiescasualty. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, and substantially all of the New York State Insurance Companies no longer include such provisions as a matter of course, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such noticenotice and Tenant shall have Owner and any lessors under any ground or underlying leases named in such policies as additional insured parties, but not as loss payees, provided that if at any time Tenant's fire insurance carriers shall exact an additional premium for naming Owner and any such lessors as additional insured parties, Owner shall agree, in writing, to reimburse Tenant for such additional premium for the remainder of the Demised Term for so long as Owner shall elect to be an additional insured party. In the event Owner and any such lessors shall be named in such policies as additional insured parties in accordance with the foregoing provisions of this Section, Owner agrees to endorse promptly, and to cause any such lessors to endorse promptly, without recourse in either case, any check, draft or order for the payment of money representing the proceeds of any such policies or representing any other payment growing out of or in connection with any such policies, and in the event Owner does not promptly endorse such check, draft or order, then Tenant shall have the right as Owner's attorney-in-fact to make such endorsement on behalf of Owner, and Owner does hereby irrevocably waive any and all rights of Owner to participate in any settlement proceedings and any and all rights in and to any such proceeds or payments and agrees that any such policy may state that no such lessors shall have the right to participate in any settlement proceedings or shall have any rights in or to any such proceeds or payments. During any period while any such waiver of right of recovery is in effect, or during any period while Owner is named as an additional insured party under such policy, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty. Each lease with respect to any portion of the Building shall contain a clause obligating the tenant thereunder to (i) attempt to obtain and maintain an insurance policy with a similar waiver of subrogation provision and (ii) release all other tenants and occupants of the Building for any loss occasioned by fire or other casualty during the period when such waiver of subrogation provision is in effect. A. Supplementing the provisions of Section 9.01, in the event (a) three (3) or more floors of the Demised Premises or the Building shall be damaged by fire or other casualty and Tenant shall be unable to use the Demised Premises as a result of such damage and (b) Owner shall not exercise the right to terminate this Lease in accordance with the provisions of Section 9.01 and shall, accordingly, be obligated to repair any such damage, then, if such damage is not repaired within eighteen (18) months after the date of such fire or other casualty (such eighteen (18) month period is referred to as the "Restoration Period"), Tenant shall have the following options: (i) to give to Owner within thirty (30) days next following the expiration of the Restoration Period a twenty (20) days' notice of termination of this Lease, or (ii) to extend the Restoration Period for a further period of six (6) months by notice given to Owner within thirty (30) days after the expiration of the initial Restoration Period. In the event Tenant shall have given such notice to Owner extending the initial Restoration Period and if such damage shall not have been repaired by Owner within any extended Restoration Period, Tenant shall have the options to (a) further extend the Restoration Period for further successive periods of six (6) months each by notice given to Owner within thirty (30) days after the expiration of any extended Restoration Period or (b) to give Owner, within thirty (30) days after the expiration of any such extended Restoration Period a twenty (20) days' notice of termination of this Lease. B. Notwithstanding anything to the contrary contained in the provisions of Subsection A of this Section 9.05, Owner shall obtain, within ninety (90) days after the date of such fire or casualty, from a reputable independent consultant an estimate of the length of time necessary to repair the Demised Premises and the Building, and Owner shall deliver such estimate to Tenant, and if such estimate shall exceed eighteen (18) months from the date of such casualty, Owner shall simultaneously give a notice to Tenant extending the initial Restoration Period to the date upon which the estimate indicates that such repair to the Demised Premises, the Building shall be completed. In the event Owner shall give such a notice under this Subsection B extending the initial Restoration Period, then, the initial Restoration Period set forth in Subsection A of this Section 9.05, shall be so extended and (b) Tenant shall have the further option to give to Owner a twenty (20) days' notice of termination of this Lease within thirty (30) days next following the giving of such notice under this Subsection B by Owner to Tenant extending the initial Restoration Period. C. In the event that Tenant shall fail to give any such notice within the time periods set forth therein, Tenant shall be deemed to have given to Owner a notice pursuant to subdivision (ii) of Subsection A of this Section 9.05 extending the Restoration Period provided, however, that any twenty (20) days' notice of termination given by Tenant pursuant to the provisions of Subsection B of this Section 9.05 beyond the applicable thirty (30) day period provided therein shall be void and of no force and effect. D. In the event that Tenant shall give to Owner within the applicable time periods set forth in the foregoing provisions of this Section a twenty (20) days' notice of termination of this Lease, this Lease and the Demised Term shall come to an end and expire upon the expiration of said twenty (20) days with the same effect as if the date of expiration of said twenty (20) days were the Expiration Date, the Fixed Rent and all increases thereof pursuant to Article 23 shall be apportioned as of the casualty date, and any prepaid portion of Fixed Rent and increases thereof pursuant to Article 23 for any period after such date shall be refunded by Owner to Tenant. E. Nothing contained in the foregoing provisions of this Section 9.05 shall be deemed to affect the rights of Owner to give to Tenant a twenty (20) days' notice of termination of this Lease in accordance with the provisions of subdivision (i) of Section 9.01 (subject to the provisions of subdivision (iii) of Subsection F of this Section), or the provisions of subdivision (ii) of Section 9.01 (subject to the provisions of Subsection G of this Section). (i) In the event that fifty (50%) percent or more of the Demised Premises shall be rendered wholly untenantable by reason of any damage occurring during the last two (2) years of the Demised Term by fire or other casualty, Tenant, at Tenant's option, may give to Owner within thirty (30) days next following such fire or other casualty, a twenty (20) days notice of termination of this Lease and, in the event any such notice is given in accordance with the foregoing provision of this sentence, this Lease and the Demised Term shall come to an insured risk under end and expire upon the expiration of said twenty (20) days as if the expiration of said twenty (20) days were the Expiration Date, the Fixed Rent and any increases in the Fixed Rent pursuant to the provisions of Article 23 shall be apportioned as of such policiesdate, and any prepaid portion of Fixed Rent and of any such increases for any period after such date shall be promptly refunded by Owner to Tenant. (ii) In the event that fifty (50%) percent or more of a floor of the Demised Premises shall be rendered wholly untenantable by reason of any damage occurring during the last two (2) years of the Demised Term by fire or other casualty, Tenant, at Tenant's option, may give to Owner within thirty (30) days next following such fire or other casualty, a twenty (20) days notice of termination of the leasing of such floor (referred to as an "Earlier Termination Floor") and, in the event any such notice is given in accordance with the foregoing provision of this sentence, the leasing of such Earlier Termination Floor shall come to an end and expire upon the expiration of said twenty (20) days as if the expiration of twenty (20) days were the expiration date applicable to such Earlier Termination Floor, and this Lease shall be modified with respect to such Earlier Termination Floor, and Tenant shall have the obligations with respect to such Earlier Termination Floor as if such Earlier Termination Floor were a "Damaged Floor" referred to in Section 9.08.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenanttenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, . Tenant shall give Owner notice thereof. In thereof in such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, Tenant as the case may be, for such additional premium for the remainder of the Demised Term, . Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, . Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of or right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such fire insurance carriers. As long as such or similar provisions are included in such fire insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leasesground or underlying leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such fire insurance carriers shall not include such or similar provisions in any such fire insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies. A. Supplementing the provisions of Section 9.01, Owner agrees that if the Demised Premises or the Building shall be damaged by fire or other casualty, and Owner shall fail to exercise its option to give a notice of termination of this Lease pursuant to the provisions of Section 9.01, Owner shall repair such damage with reasonable diligence without any obligation, however, to employ labor at overtime or other premium pay rates in connection with such repairs. B. Supplementing the provisions of Section 9.01, if as a result of any damage to all or substantially all of the Demised Premises by fire or other casualty, (a) it shall become impractical for Tenant to conduct its business in any part of the Demised Premises, and (b) no part of the Demised Premises shall be used or occupied for business purposes by Tenant or any other person claiming through or under Tenant, the entire Demised Premises shall be deemed untenantable for the purposes of Section 9.01.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised Premises; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised Premises, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies. A. Supplementing the provisions of Section 9.01, in the event (a) the Demised Premises or Building shall be damaged by fire or other casualty and Tenant shall be unable to use all or a material portion of the Demised Premises as a result of such damage and (b) Owner shall not exercise the right to terminate this Lease in accordance with the provisions of Section 9.01 and shall, accordingly, be obligated to repair any such damage, then, if such damage is not repaired within three hundred sixty-five (365) days after the date of such fire or other casualty (such three hundred sixty-five (365) days period is referred to as the "RESTORATION PERIOD"), Tenant shall have the following options: (i) to give to Owner within fifteen (15) days next following the expiration of the Restoration Period a five (5) days' notice of termination of this Lease, or (ii) to extend the Restoration Period for a further period of one (1) month by notice given to Owner within fifteen (15) days after the expiration of the initial Restoration Period. In the event Tenant shall have given such notice to Owner extending the initial Restoration Period and if such damage shall not have been repaired by Owner within any extended Restoration Period, Tenant shall have the options to (a) further extend the Restoration Period for further successive periods of one (1) month, by notice given to Owner within fifteen (15) days after the expiration of any extended Restoration Period or (b) to give Owner, within fifteen (15) days after the expiration of any such extended Restoration Period a five (5) days' notice of termination of this Lease. B. Notwithstanding anything to the contrary contained in the provisions of subsection A of this Section 9.05, in the event that an independent architect shall determine that the repair of such damage to the Demised Premises or Building will reasonably require a period longer than three hundred sixty-five (365) days, Owner shall, within sixty (60) days after the date of such fire or casualty, give a notice to Tenant extending the initial Restoration Period to the date upon which Owner estimates that such repair to the Demised Premises or Building shall be completed. In the event Owner shall give such a notice under this subsection B, then, the initial Restoration Period set forth in subsection A of this Section 9.05, shall be so extended and (b) Tenant shall have the further option to give to Owner a five (5) days' notice of termination of this Lease within thirty (30) days next following the giving of such notice under this subsection B by Owner to Tenant extending the initial Restoration Period. C. In the event that Tenant shall fail to give any such notice within the time periods set forth therein, Tenant shall be deemed to have given to Owner a notice pursuant to subdivision (ii) of subsection A of this Section 9.05 extending the Restoration Period provided, however, that any five (5) days' notice of termination given by Tenant pursuant to the provisions of subsection B of this Section 9.05 beyond the thirty (30) day period provided therein shall be void and of no force and effect. D. In the event that Tenant shall give to Owner within the applicable time periods set forth in the foregoing provisions of this Section a five (5) days' notice of termination of this Lease, this Lease and the Demised Term shall come to an end and expire upon the expiration of said five (5) days with the same effect as if the date of expiration of said five (5) days were the Expiration Date, the Fixed Rent and all increases thereof shall be apportioned as of the casualty date, and any prepaid portion of Fixed Rent for any period after such date shall be refunded by Owner to Tenant. E. Nothing contained in the foregoing provisions of this Section 9.05 shall be deemed to affect the rights of Owner to give to Tenant a thirty (30) days' notice of termination of this Lease in accordance with the provisions of subdivision (i) of Section 9.01 and the provisions of subdivision (ii) of Section 9.01. F. If there is less than one (1) year of the Demised Term remaining at the time of such damage, the Restoration Period shall be deemed reduced to one hundred twenty (120) days.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's ’s insurance policies do not cover Tenant's Personal ’s Property or any other property of Tenant in the Demised PremisesInterest; accordingly, it shall be Tenant's ’s obligation to obtain and maintain insurance covering its property in the Demised Premises Tenant’s Property Interest and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's ’s fire and other property insurance policies covering Tenant's Personal ’s Property and other property of Tenant in the Demised PremisesInterest, and Tenant's ’s use and occupancy of the Demised Premises, and/or Tenant's ’s profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for its proportionate share of such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As Notwithstanding anything to the contrary in this Lease, as long as such or similar provisions are included in such insurance policies then in force, or if Tenant fails to maintain insurance including such provisions, although such provisions are available (or provided Owner has agreed to pay its proportionate share as aforesaid) under a standard all risk policy, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) ), regardless of the negligence of Owner, any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, lessor or holder or of any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk insurable under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's ’s insurance policies do not cover Tenant's Personal ’s Property or any other property of Tenant in the Demised PremisesInterest; accordingly, it shall be Tenant's ’s obligation to obtain and maintain insurance covering its property in the Demised Premises Tenant’s Property Interest and loss of profits including, but not limited to, water damage coverage and business interruption insurance (such insurance with respect to loss of profits and business interruption, referred to as “Business Risk Insurance”); provided, however, Tenant may elect to self insure for the risks typically covered under Business Risk Insurance in lieu of purchasing such insurance, with it understood that in no event shall Tenant look to Owner for damages of the nature of those insured under Business Risk Insurance, whether or not Tenant chooses to self insure for such risks. The foregoing provisions of this Section 9.04 shall not limit Owner’s obligations under Section 9.01A of this Lease. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's ’s fire and other insurance policies covering Tenant's Personal ’s Property and other property of Tenant in the Demised PremisesInterest, and Tenant's ’s use and occupancy of the Demised Premises, and/or Tenant's ’s profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, lessor or holder or of any such other tenants or occupantsoccupants (any of such parties other than Owner, “Owner’s Parties”), for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice, and Tenant and each permitted subtenant and occupant shall have Owner and all of Owner’s Parties named in such policies as additional insured parties, but not as loss payees, provided that if at any time Tenant’s fire/casualty insurance carriers shall exact an additional premium for naming Owner and any parties as additional insured parties, Owner shall agree, in writing, to reimburse Tenant for such additional premium for the remainder of the Demised Term for so long as Owner and such parties shall elect to be an additional insured party. In the event Owner and any such parties shall be named in such policies as additional insured parties in accordance with the foregoing provisions of this Section, Owner agrees to endorse promptly, and to cause any such other parties to endorse promptly, without recourse in either case, any check, draft or order for the payment of money representing the proceeds of any such policies or representing any other payment growing out of or in connection with any such policies, and in the event Owner and such parties do not promptly endorse such check, draft or order, then Tenant shall have the right as Owner’s attorney-in-fact to make such endorsement on behalf of Owner, and Owner does hereby irrevocably waive any and all rights of Owner to participate in any settlement proceedings and any and all rights in and to any such proceeds or payments and agrees that any such policy may state that no such Superior Lessors and Mortgage Holders shall have the right to participate in any settlement proceedings or shall have any rights in or to any such proceeds or payments. During any period while any such waiver of right of recovery is subrogation provisions or similar provisions are in effect, or during any period while Owner is named as an additional insured party under such policy, neither Tenant, nor any person claiming by, through, or any other permitted occupant of the Demised Premises, as the case may beunder Tenant, shall look solely to Owner or any of Owner’s Parties, but rather shall look to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies., as if Tenant’s policies had included the waivers of subrogation provisions referred to above. 

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised PremisesInterest; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises Tenant's Property Interest and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised PremisesInterest, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or of any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies.

Tenant Subrogation Waiver Provisions. Tenant ------------------------------------ acknowledges that it has been advised that Owner's insurance policies do not cover Tenant's Personal Property or any other property of Tenant in the Demised PremisesInterest; accordingly, it shall be Tenant's obligation to obtain and maintain insurance covering its property in the Demised Premises Tenant's Property Interest and loss of profits including, but not limited to, water damage coverage and business interruption insurance. Tenant shall attempt to obtain and maintain, throughout the Demised Term, in Tenant's fire and other insurance policies covering Tenant's Personal Property and other property of Tenant in the Demised PremisesInterest, and Tenant's use and occupancy of the Demised Premises, and/or Tenant's profits (and shall cause any other permitted occupants of the Demised Premises to attempt to obtain and maintain, in similar policies), provisions to the effect that such policies shall not be invalidated should the insured waive, in writing, prior to a loss, any or all right of recovery against any party for loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time the fire insurance carriers issuing such policies shall exact an additional premium for the inclusion of such or similar provisions, Tenant shall give Owner notice thereof. In such event, if Owner agrees, in writing, to reimburse Tenant or any person claiming through or under Tenant, as the case may be, for such additional premium for the remainder of the Demised Term, Tenant shall require the inclusion of such or similar provisions by such insurance carriers. As long as such or similar provisions are included in such insurance policies then in force, Tenant hereby waives (and agrees to cause any other permitted occupants of the Demised Premises to execute and deliver to Owner written instruments waiving) any right of recovery against Owner, any lessors under any Superior Leases, the holders of any Mortgage, and all other tenants or occupants of the Building, and any servants, employees, agents or contractors of Owner, or of any such lessor, or holder or any such other tenants or occupants, for any loss occasioned by fire or other casualty which is an insured risk under such policies. In the event that at any time such insurance carriers shall not include such or similar provisions in any such insurance policy, the waiver set forth in the foregoing sentence (or in any written instrument executed by any other permitted occupant of the Demised Premises) shall, upon notice given by Tenant to Owner, be deemed of no further force or effect with respect to any insured risks under such policy from and after the giving of such notice. During any period while any such waiver of right of recovery is in effect, Tenant, or any other permitted occupant of the Demised Premises, as the case may be, shall look solely to the proceeds of such policies to compensate Tenant or such other permitted occupant for any loss occasioned by fire or other casualty which is an insured risk under such policies. A. Supplementing the provisions of Section 9.01, in the event (a) the Demised Premises or Building shall be damaged by fire or other casualty and Tenant shall be unable to use the Demised Premises as a result of such damage and (b) Owner shall not exercise the right to terminate this Lease in accordance with the provisions of Section 9.01 and shall, accordingly, be obligated to repair any such damage, then, if such damage is not repaired within the Casualty Restoration Period (as defined herein), Tenant shall have the following options: (i) to give to Owner, within ten (10) days next following the expiration of the Casualty Restoration Period, a five (5) days' notice of termination of this Lease, or (ii) to extend the Casualty Restoration Period for a further period of three (3) months by notice given to Owner within ten (10) days after the expiration of the initial Casualty Restoration Period. In the event Tenant shall have given such notice to Owner extending the initial Casualty Restoration Period and if such damage shall not have been repaired by Owner within any extended Casualty Restoration Period, Tenant shall have the options to (a) further extend the Casualty Restoration Period for further successive periods of six (6) months, by notice given to Owner within ten (10) days after the expiration of any extended Casualty Restoration Period or (b) to give Owner, within ten (10) days after the expiration of any such extended Casualty Restoration Period a five (5) days' notice of termination of this Lease.