|
execution, or other enforcement procedure for the satisfaction of Subtenant's rights or remedies
<br />under this Sublease, the relationship of Sublessor and Subtenant under this Sublease, Subtenant's
<br />use and occupancy of the Sublease Premises, or any other liability of Sublessor to Subtenant of
<br />whatever kind or nature. In no event shall any principal, agent, employee, director, officer, or
<br />partner of Sublessor, or any other person, be held to have any personal liability for satisfaction of
<br />any claims or judgments that Subtenant may have against Sublessor or Landlord.
<br />16. Insurance. Subtenant shall maintain throughout the Term or any Renewal Term all
<br />insurance required to be maintained by the Tenant under the Prime Lease, which insurance shall
<br />name Sublessor and Landlord as an additional insured and /or loss payees, as applicable.
<br />Subtenant shall also maintain throughout the Term, to the extent not required by the Prime Lease,
<br />the following additional insurance: (a) "all- risk" fire and casualty insurance covering all of the
<br />Equipment and of Subtenant's personal property, including removable trade fixtures, located in
<br />the Sublease Premises for the full replacement cost thereof; (b) commercial general liability
<br />insurance covering injury, death and property damage occurring in the Building with a combined
<br />single limit of not less than $3,000,000 per occurrence and $5,000,000 in the aggregate; (c) business
<br />income and extra expense insurance covering the risks to be insured by the all risk property
<br />insurance described above, on an actual loss sustained basis; (d) worker's compensation insurance
<br />on all employees of Subtenant, as required by the laws of the State of Florida and employer's
<br />liability insurance subject to limits of not less than $500,000 per employee, $500,000 per accident,
<br />and $1,000,000 policy limit; (e) liquor liability in an amount not less than One Million Dollars
<br />($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. Each
<br />policy of insurance required to be maintained by Subtenant hereunder shall be placed through
<br />insurers reasonably approved by Sublessor and Landlord, shall name Sublessor and Landlord as
<br />additional insureds and /or loss payees thereunder, as applicable, shall contain waiver of
<br />subrogation and severability of interests endorsements, shall in all events be in an amount
<br />sufficient to prevent Subtenant from being a co- insurer of any loss covered under the applicable
<br />policy or policies and shall require not less than thirty (30) days' prior written notice of any
<br />cancellation or modification. On or prior to the Commencement Date, Subtenant shall deliver to
<br />Sublessor and Landlord binding certificates or other binding evidence of all such insurance (on an
<br />ACCORD 27 form or other form acceptable to Sublessor), together with true copies of each such
<br />policy and evidence of payment thereof; and thereafter, at least fifteen (15) days prior to the
<br />expiration of any policy, Subtenant shall deliver to Sublessor and Landlord such original
<br />certificates as shall evidence a renewal or new policy to take the place of the policy that is expiring
<br />together with true copies of each such policy and evidence of payment therefor.
<br />17. Alterations. Subtenant shall not make any alterations, additions, or improvements on or to
<br />the Sublease Premises without first obtaining the written consent of Sublessor and Landlord, and
<br />all alterations, additions, and improvements shall be performed at the sole expense of Subtenant.
<br />All alterations, additions and improvements shall be performed in accordance with such
<br />restrictions and regulations as Landlord and /or Sublessor may impose in connection therewith,
<br />including the applicable terms of the Prime Lease. Without limiting the generality of the
<br />foregoing, Subtenant shall pay to Sublessor (or if Sublessor requests, directly to Landlord) all fees
<br />required by the Prime Lease or otherwise imposed by Landlord in connection with any alterations,
<br />11
<br />
|