Circuit City 2005 Annual Report Download - page 116

Tenant to be appropriate or for such higher amounts as may at any time be reasonably required by Landlord and having
a deductible of not more than Fifty Thousand Dollars ($50,000.00); coverage shall be on a broad form comprehensive
basis including loss of income with a limit of at least an amount which is reasonably acceptable to Landlord; and
(D) worker's compensation insurance to the extent required by the laws of the state in which the
Demised Premises are located and employer's liability insurance in the amount of at least $1,000,000.00.
(b) All policies of the insurance provided for in Section 8(a) shall be issued in form acceptable to
Landlord by insurance companies with a rating of not less than "A" and financial size of not less than Class XII, in the
most current available "Best's Insurance Reports", and licensed to do business in the state in which the Building is
located. Tenant shall have the right to increase the deductible amounts under the policies of insurance required by
Sections 8(a)(ii)(A) and (C) above, subject to the approval of Landlord, such approval not to be unreasonably withheld;
provided, however, that Landlord shall be entitled to withhold such approval unless Tenant is able to demonstrate that
the requested increase in any such deductible is commercially reasonable for improvements comparable to the
Building. Each and every such policy:
(i) (other than the coverage described in Section 8(a)(ii)(D)) shall name Landlord as well as
Landlord's Lender, as defined in Section 24, and any other party reasonably designated by Landlord, as an additional
insured. In addition, the coverage described in Section 8(a)(ii)(A), (B) and (C) shall also name Landlord as "loss
payee";
(ii) shall be delivered to Landlord, in the form of an insurance certificate acceptable to Landlord as
evidence of such policy, prior to delivery of possession of the Demised Premises to Tenant and thereafter within thirty
(30) days prior to the expiration of each such policy, and, as often as any such policy shall expire or terminate. Renewal
or additional policies shall be procured and maintained by Tenant in like manner and to like extent;
(iii) shall contain a provision that the insurer waives any right of subrogation against Landlord on
account of any loss or damage occasioned to Tenant, its property, the Demised Premises or its contents arising from
any risk covered by all risks fire and extended coverage insurance of the type and amount required to be carried
hereunder;
(iv) shall contain a provision that the insurer will give to Landlord and such other parties in interest at
least thirty (30) days notice in writing in advance of any material change, cancellation, termination or lapse, or the
effective date of any reduction in the amounts of insurance; and
(v) shall be written as a primary policy which does not contribute to and is not in excess of coverage
which Landlord may carry.
(c) Any insurance provided for in Section 8(a) may be maintained by means of a policy or policies of
blanket insurance, covering additional items or locations or insureds; provided, however, that:
(i) Landlord and any other parties in interest from time to time designated by Landlord to Tenant
shall be named as an additional insured thereunder as its interest may appear;
(ii) the coverage afforded Landlord and any such other parties in interest will not be reduced or
diminished by reason of the use of such blanket policy of insurance;
(iii) any such policy or policies shall specify therein the amount of the total insurance allocated to the
Tenant's improvements and property; and
(iv) the requirements set forth in this Section 8 are otherwise satisfied.
(d) In the event that either party (the "Defaulting Party") shall fail to carry and maintain the insurance
coverages set forth in this Section 8, the other party (the "Procuring Party") may upon thirty (30) days notice to the
Defaulting Party (unless such coverages will lapse in which event no such notice shall be necessary) procure such