|
' 8.2. Hazardous Materials Coverage. Notwithstanding the above mentioned commercial general
<br />liability insurance policy limit for Tenant, if Tenant does or intends to bring, possess, use, store, treat or dispose any
<br />Hazardous Material in or upon the Premises or the Building, Tenant shall purchase additional public liability
<br />insurance and supply Landlord with certificates of insurance reflecting the additional insurance, with coverage of no
<br />less than $5,000,000.00 and purchase environmental impairment liability insurance with coverage of not less than
<br />$5,000,000.00 with a deductible of not greater than $50,000.00 to insure that anything contaminated with or by the
<br />Hazardous Material be removed from the Premises and/or the Building, and that the Premises and/or the Building be
<br />restored to a clean, neat, attractive, healthy, sanitary and non- contaminated condition.
<br />8.3. Dram Shop Coverage. In addition to the insurance required under this Article VIII, for any such
<br />period of time as Tenant shall serve liquor or other alcoholic beverages in or from the Premises, Tenant agrees to
<br />maintain minimum limits of coverage of at least $2,000,000 covering "liquor law" liability (sometimes also known
<br />as "dram shop" insurance) which shall insure Tenant, as the named insured, and Landlord, as the additional insured,
<br />and all those claiming by, through or under Landlord, against any and all claims, demands or actions for personal or
<br />bodily injury to, or death of, one person or multiple persons in one or more accidents, and for damage to property, as
<br />well as for damages due to loss of means of support, loss of consortium, and the like so that at all times Landlord
<br />will be fully protected against claims that may arise by reason of or in. connection with the sale and dispensing of
<br />liquor and alcoholic beverages in and from the Premises..
<br />8.4. Tenant's Additional Insurance. Tenant shall comply with the provisions of the applicable worker's
<br />compensation laws, and shall insure its liability thereunder. Tenant, at its expense, shall maintain plate glass
<br />insurance covering all exterior plate glass or windows in the Premises
<br />8.5. Policies. All policies of insurance required by this Article to be maintained by Tenant shall: (a) be
<br />in a form, and maintained with an insurer, reasonably satisfactory to Landlord; and (b) provide that such policies
<br />shall not be subject to cancellation, termination, or change without written notice to Landlord at least thirty (30)
<br />days in advance. Tenant shall deposit with Landlord the policy or policies Hof insurance required to be maintained by
<br />Tenant pursuant to this Article VII I, or proper certificates of such insurance, duly executed by the insurance
<br />company or the general agency writing such policies and effective not later than the Commencement Date. Tenant
<br />shall deposit appropriate renewal or replacement policies or certificates with Landlord not less than ten (10) days
<br />prior to the expiration of any such policy or policies. Tenant shall also furnish Landlord with certificates evidencing
<br />such coverages from time to time upon Landlord's request. If Tenant shall fail to timely procure or renew any of the
<br />insurance required under this Article VIII, Landlord may obtain replacement coverage and the cost of same plus a
<br />$500.00 fee shall be deemed Additional Rent payable by Tenant with the next installment of Rent thereafter
<br />becoming due and payable.
<br />8.5. Indemnity.
<br />(a) Definition of "Loss." The term "Loss," as used throughout this Lease, shall mean any and all
<br />claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and
<br />losses of any and every kind and nature (including, without limitation, sums paid in settlement of claims and for
<br />attorney's fees and court costs).
<br />(b) Definition of "Indemnify." The term "Indemni — " as used throughout this Lease, shall mean that
<br />Tenant shall indemnify Landlord, save it harmless and, at Landlord's option and with attorneys approved in writing
<br />by Landlord, defend Landlord, and its contractors, agents, employees, members, managers, officers, and
<br />mortgagees, if any, from any Loss arising out of the condition specified in the particular indemnity provision.
<br />(c) General Indemnity. Except for loss, injury or damage caused solely by the willful misconduct of
<br />Landlord, its employees, contractors, or agents, Tenant covenants to Indemnify Landlord for any .Loss in connection
<br />with or arising from any use or condition of the Premises or occasioned wholly or in part by any act or omission of
<br />Tenant, its agents, contractors, employees, licensees, invitees or visitors, occurring on or about the Premises and in
<br />the case of Tenant, its agents, contractors or employees occurring on or about the Building. Except for loss, injury
<br />or damage caused by the negligent acts or willful misconduct of Tenant, its employees, contractors, invitees,
<br />-10
<br />F.- DATA LSHARFILegai1 pdatat5'FPTconomie DewtopmentlB'illie'slState Cafe State Cafe Lease (version 5).doc
<br />
|