AMD 1998 Annual Report Download - page 148

payable notwithstanding (i) any act or omission of Landlord or Tenant which
might, absent such provision, result in a forfeiture of all or a part of such
insurance payment, (ii) the occupation or use of any of the Leased Premises for
purposes more hazardous than those permitted by the provisions of such policy,
(iii) any foreclosure or other action or proceeding taken by Lender pursuant to
any provision of the Mortgage, Note, Assignment or other document evidencing or
securing the Loan upon the happening of an event of default therein or (iv) any
change in title to or ownership of any of the Leased Premises.
(d) Tenant shall pay as they become due all premiums for the
insurance required by Paragraph 16(a) (and in any event not less than 30 days
prior to cancellation for non-payment), shall renew or replace each policy and
deliver to Landlord evidence of the renewal or replacement of each such policy
prior to the stated expiration thereof (which evidence may consist of a binder,
certificate or replacement policy) and, upon receipt shall promptly deliver to
Landlord all original certificates of insurance.
(e) Anything in this Paragraph 16 to the contrary
notwithstanding, any insurance which Tenant is required to obtain pursuant to
Paragraph 16(a) may be carried under a "blanket" or umbrella policy or policies
covering other properties or liabilities of Tenant, provided that such "blanket"
or umbrella policy or policies otherwise comply with the provisions of this
Paragraph 16 and provided further that Tenant shall provide to Landlord a
Statement of Values which shall be reviewed annually and amended as necessary
based on Replacement Cost Valuations. A certified copy of each such "blanket" or
umbrella policy shall promptly be delivered to Landlord, or if requested by
Landlord, to Lender.
(f) Tenant shall promptly comply with and conform to (i) all
provisions of each insurance policy required by this Paragraph 16 and (ii) all
requirements of the insurers thereunder applicable to Landlord, Tenant or any of
the Leased Premises or to the use, manner of use, occupancy, possession,
operation, maintenance, alteration or repair of any of the Leased Premises, even
if such compliance necessitates Alterations or results in interference with the
use or enjoyment of any of the Leased Premises.
(g) Tenant shall not carry separate insurance concurrent in
form or contributing in the event of a Casualty with that required in this
Paragraph 16 unless (i) Landlord and Lender are included therein as named
insureds, with loss payable as provided herein, and (ii) such separate insurance
complies with the other provisions of this Paragraph 16. Tenant shall promptly
notify Landlord of such separate insurance and shall deliver to Landlord a
certified copy of policies thereof.
(h) All policies shall contain effective waivers by the carrier
against all claims for insurance premiums against Landlord and Lender and shall
contain full waivers of subrogation against the Landlord and Lender.
(i) All proceeds of insurance payable under clause (v) with
respect to the Rent shall be payable to Landlord or, if required by the
Mortgage, to Lender. Proceeds of insurance required under clauses (i) and (iv)
of Paragraph 16(a) and proceeds attributable to Builder's Risk insurance (other
than its general liability coverage provisions) under clause (vi) of Paragraph
16(a) shall be payable to Landlord (or Lender) and applied as set forth in
Paragraph 17. Tenant shall apply the Net Award to restoration of the Leased
Premises in accordance with the applicable provisions of this Lease.
17. Casualty and Condemnation.
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(a) If any Casualty to the Leased Premises occurs, Tenant shall
give Landlord and Lender immediate notice thereof. So long as no Event of
Default exists Tenant is
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Source: ADVANCED MICRO DEVIC, 10-K, March 29, 1999