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<br /> <br /> <br /> <br /> <br /> wall covering, carpeting, drapes, equipment and all other items of personal property of Tenant <br /> located on or with the Leased Space. The minimum level of insurance to be carried for fire damage <br /> (any one fire) under the commercial liability policy is to be $50,000. Any insurance policies required <br /> to be carried pursuant to this paragraph shall name Landlord as an additional insured, and Tenant <br /> shall furnish Landlord evidence of such insurance coverage. Such insurance policies may not be <br /> modified or terminated without thirty (30) days advance notice to Landlord. <br /> <br /> 9.3 RELEASE. Each party hereto ("Releasing Party") hereby releases the other <br /> ("Released Party") from any liability that the Released Party would, but for this paragraph, have had <br /> to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: <br /> <br /> (a) that is or would be covered by a fire and extended coverage policy (with <br /> vandalism and malicious mischief endorsement attached) or by a sprinkler <br /> leakage or water damage policy in the state in which the Leased Space is <br /> located regardless of whether or not such coverage is being carried by the <br /> Releasing Party, and <br /> <br /> (b) to the extent of recovery under any other casualty or property damage <br /> insurance being carried by the Releasing Party at the time of such accident or <br /> occurrence or casualty, which accident or occurrence or casualty may have <br /> resulted in whole or in part from the act of neglect of the Released Party, its <br /> officers, agents or employees, provided, however, the release hereinabove set <br /> forth shall become inoperative and null and void if the Releasing Party <br /> contracts for the insurance required to be carried under the terms of this Lease <br /> with an insurance company that: <br /> <br /> (1) Takes the position that the existence of such release vitiates or would <br /> adversely affect any policy so insuring the Releasing Party in a <br /> substantial manner and notice thereof is given to the Released Party, <br /> or <br /> <br /> (2) Requires the payment of a higher premium by reason of the existence <br /> of such release, unless in the latter case the Released Parry within ten <br /> (10) days after notice thereof from the Releasing Party pays such <br /> increase in premium. <br /> <br /> 9.4 PROTECTION FROM SUBROGATION. Anything in this Lease to the contrary <br /> notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption <br /> or any loss or damage to property or injury to or death of persons occurring on the Leased Space or <br /> the adjoining properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or <br /> connected with Tenant use and occupation of Leased Space, or the condition thereof or of mall areas, <br /> sidewalks, streets or alleys adjoining caused by the negligence or other fault of Landlord or Tenant or <br /> of their respective agents, employees, subtenants, licensees or assignees to the extent that such <br /> business interruption or loss or damage to property or injury to or death of a person is covered by or <br /> indemnified by proceeds received from insurance covered by other party; and Landlord and Tenant <br /> each hereby respectively waive all rights of recovery against the other, its agents, employees, <br /> subtenants, licensees and assignees, for any such loss or damage to property or injury to or death of <br /> <br /> 7 <br />