RES 348 Draft 01 2006-2008 - Laserfiche WebLink

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9. Insurance -Tenant as self-insured entity. a. Public Liability and Property Damage. Landlord and Tenant acknowledge and agree that Tenant is aself-insured political subdivision of the State of Hawaii, and as such, shall not be required to obtain or maintain any insurance policy whatsoever. b. Indemnity. Tenant, subject to the laws ofthe State and County ofHawai'i, and subject to all appropriations duly made as required by law, will and does hereby assume all risk of bodily injury, wrongful death and/or property damage occasioned by any accident or nuisance made or suffered in the Demised Premises or resulting from any failure on the part of Tenant to maintain the Demised Premises in a safe condition. c. Assumption of Risk. Tenant, as a material part of the consideration to Landlord for this Agreement, will and hereby does assume all risk of loss or damage to furniture, fixtures, supplies, merchandise, and other property, by whomsoever owned, stored or placed in, upon or about the Demised Premises, and does hereby agree that Landlord will not be responsible for loss or damage to any such property. d. Tenant's Liability for Increased Cost of Property Insurance. If Tenant shall do, fail to do or permit to be done anything which shall increase the cost of the insurance to be acquired by Landlord on the Premises, or the building of which they are a part, or the Common Areas or the Property, Tenant shall pay, as additional rent, the amount of such increases attributable to such act or omissions or operations of Tenant. 10. Use of Premises. a. Specific Use/Continuous Operations. The Premises may be used and occupied only for the purpose of carrying on the business described in the attached Special Lease Provisions and for no other purpose or purposes. Tenant shall not permit any business to be operated in or from the Premises by any concessionaire or licensee without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion. Tenant acknowledges and agrees that Tenant's observance and performance of its obligations and agreements under this Paragraph 10.a is a substantial and material element of this Lease and in the event Tenant shall fail to so observe and perform its obligations and agreements under this Paragraph 10.a, Landlord may suffer substantial and irreparable injury and damage on account of Landlord's undertaking with other tenants within ALTI PLAZA or other persons under the Declaration described in Paragraph l l .e below. All operations by Tenant in the conduct of its business shall be performed within the demised Premises and in no other areas of the Property without the written consent of Landlord. Tenant shall continuously use the Premises for the uses specified in this Pazagraph IO.a and shall continuously operate the Premises during all usual business hours and on all such days as comparable businesses in the area of a like nature are open for business except when such operations are prevented by a cause not the fault of Tenant. If the Premises are destroyed or partially condemned and this Lease remains in full force and effect, Tenant shall continue operation of its business at the Premises to the extent reasonably practical from the standpoint of good business judgment during any period of reconstruction. SUITE 610216103 LEASE AGREEMENT ALIT PLAZA "B", LLC I COUNTY OF HAWAII 13