(3) Except for a cessation or interruption cause by the negligence or intentional
misconduct of Landlord or Landlord’s agen
ts, employees or contractors, Landlord shall not beliable to Tenant for any cessation or interruption of gas, water, electricity, telephone, or otherutility service during the term hereof, or any extension thereof, which are beyond thereasonable control of Landlord. A cessation or interruption of gas, water, electricity,telephone, or other utility service shall not be construed as an eviction of Tenant, work asabatement of rent, or relieve Tenant from fulfillment of any covenant or agreementhereunder; provided, however, if such cessation or interruption lasts longer than two (2)
business days, is caused by an act or acts of Landlord or Landlord’s agents, employees or
contractors and, as a result thereof, so that Tenant is unable to reasonably use the premisesfor its intended use, then rent shall abate during the period that such cessation or interruptioncontinues from and after the expiration of the two (2) business day grace period.4. INSURANCE; WAIVER.a.
Tenant’s Liability Insurance
. With respect to the premises, Tenant shall, at Tenant's sole costand expense, obtain and keep in force at all times during the term of this Lease, comprehensivegeneral liability insurance, including property damage, in the amount of at least One Million Dollars($1,000,000.00) combined single limit, insuring Landlord and Tenant against any liability arising out of
Tenant’s use or occupancy of the premises. Tenant may carry said insurance under a blanket policy
providing, however, said insurance by Tenant shall have a Landlord's protective liability endorsementattached thereto. Insurance required hereunder shall be in companies licensed in the State ofKansas and shall have a rating of B+ or better in "Best's Insurance Guide" and a financial rating ofClass VII or better. Mutual insurance companies may be used only if they are nonassessable. Suchpolicy shall name Landlord as an additional insured. No policy shall be cancelable or subject toreduction of coverage except after fifteen (15) days written notice to Landlord. Tenant shall provideLandlord a certificate, or other evidence reasonably satisfactory to Landlord, of insurance at or prior tothe commencement of the term hereof, and thereafter upon request by Landlord.b. Contents. At all times during the term of this Lease, Tenant shall maintain at its own cost andexpense, with a responsible insurance company or companies, a policy of insurance coveringTenant's trade fixtures, furniture, furnishings, inventory, equipment and leasehold improvements,insuring same against all risk perils.c.
Landlord’s Liability Insurance
. Intentionally omitted.d. Landlord Casualty Insurance. During the term of this Lease, Landlord shall maintain in full
force and effect “all risk” property insurance on a replacement cos
t basis, insuring against fire andloss or damage from risks or hazards covered by a broad form extended coverage policy, includingwater damage, throughout the term hereof in an amount equal to the full replacement value (withoutdeduction for depreciation but exclusive of the cost for excavation or foundations) of the building inwhich the premises are located, including any leasehold improvements made to the premises byLandlord. Such insurance policy shall state that it is primary over any insurance carried by Tenant.e. Waiver of Subrogation. Landlord and Tenant each waive and release the other from anyliability, claim, right of recovery or cause of action for any damage or destruction to the property of thereleasing party, even if caused by the negligence of the other party, or of its contractors,
representatives, agents or employees, if any of the loss is covered by the releasing party’s insurance.
5. MAINTENANCE, REPAIRS AND OTHER MATTERS.a. Landlord's Responsibilities. Landlord shall, at La
ndlord’s expense, perform the following
maintenance, repairs and replacements: