Common use of Allocation of Risks Clause in Contracts

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of Lessee, its officers, employees or agents ('Lessee Protected Parties'), and without regard to the fault of Lessor, its respective partners, shareholders, members, agents, directors, officers and employees ('Lessor Protected Parties'). As between Lessor Protected Parties and Lessee Protected Parties, such risks are allocated as follows: (a) Lessee shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a); and 6 (b) Lessee shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b), (d) and (e). Notwithstanding the foregoing, provided Lessee does not default in its obligation to carry insurance under Section 6.2(a), if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its members, Agent, their respective partners, shareholders, members, agents, directors, officers and employees ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premisesLeased Premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a6.2.1(a); and 6. (b) Lessee Tenant shall bear the risk of damage to the improvements on the leased premises and to LesseeTenant's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b6.2.2(a), (db), (c) and (ed). (c) Tenant shall bear the risk of loss from all workers' compensation claims. (d) Tenant shall bear the risk of loss of damage to improvements on the Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2.2(a), (b), (c), and (d) provided that Landlord shall carry the insurance specified in those Sections, unless any act or omission of Tenant shall prevent Landlord from obtaining such insurance, in which event Tenant shall provide such insurance. Notwithstanding the foregoing, provided Lessee does not default neither Landlord nor Tenant defaults in its obligation to carry insurance under Section 6.2(a)insurance, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) to be insured against exceeds the coverage or the amount of insurance required to be carried under said Section hereunder or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered. 6.2.1 Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring: (a) The Landlord Protected Parties (as "named insureds"), and Landlord's mortgagee, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000 combined single limit per occurrence (with an aggregate limit of $2,000,000). Said insurance shall be written on an "occurrence" basis and not on a "claims made" basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord's reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments which might result from such claims, demands or actions. (b) All contents and Tenant's trade fixtures, machinery, equipment, furniture and furnishings in the Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party, provided that such waiver of the right of subrogation shall not he operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that Landlord shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereby keeping such waiver in full force and effect). (c) Tenant Protected Parties from all worker's compensation claims.

Allocation of Risks. The parties desire, to the extent permitted by lawLaws, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein by the terms hereof to be insured forcovered by insurance, any loss, cost, damage or expense arising from such eventexpense, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents employees, agents, contractors and customers ('Lessee “Tenant Protected Parties'”), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agentsofficers, directors, officers employees, agents and employees contractors ('Lessor “Landlord Protected Parties'”). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of or to third persons, occasioned by events occurring within, on or about the leased premisesLeased Premises, regardless of the party at fault, if any. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by events occurring on or about the Real Estate (other than premises leased to tenants), regardless of the party at fault, if any; provided, however, Landlord shall not bear the risk for the Ramp Area, including but not limited to all aircraft thereon and the loading dock area, as such area is designated on the Tenant Parking Area (defined in Section 21.17 below). Said risk shall be insured against as provided in Section 6.3(a). (c) Tenant shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by any event occurring on or about the Ramp Area and the loading dock area as designated on the Tenant Parking Area (defined in Section 21.17 below) provided that as to the Ramp Area only, such event is occasioned by the wrongful act or omission of any of Tenant Protected Parties. Said risk shall be insured against as provided in Section 6.2(a). (d) Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture furniture, furnishings and furnishings property of Tenant, Xxxxxx’s Protected Parties and property in Tenant’s control, care and custody in the leased premises Leased Premises arising out of loss by the all events required to be insured against pursuant to Sections Section 6.2(b), (d) and (e) Landlord shall bear the risk of damage to the building on the Real Estate arising out of loss by events required to be insured against pursuant to Section 6.3(b). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 6.2(a) or Section 6.3(a) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) or Section 6.1(b) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or and not actually insured against, the party at fault shall pay the amount not actually coveredcovered under these respective policies.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein by the terms hereof to be insured forcovered by insurance, any loss, cost, damage or expense arising from such eventexpense, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents employees, agents, contractors and customers ('Lessee “Tenant Protected Parties'”), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agentsofficers, directors, officers employees, agents and employees contractors ('Lessor “Landlord Protected Parties'”). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of or to third persons, occasioned by events occurring within, on or about the leased premisesLeased Premises, regardless of the party at fault, if any. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by events occurring on or about the Real Estate (other than premises leased to tenants), regardless of the party at fault, if any; provided, however, Landlord shall not bear the risk for the Ramp Area, including but not limited to all aircraft thereon and the loading dock area, as such area is designated on the Tenant Parking Area Plan (defined in Section 21.17 below). Said risk shall be insured against as provided in Section 6.3(a). (c) Tenant shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by any event occurring on or about the Ramp Area and the loading dock area as designated on the Tenant Parking Area Plan (defined in Section 21.17 below) provided that as to the Ramp Area only, such event is occasioned by the wrongful act or omission of any of Tenant Protected Parties. Said risk shall be insured against as provided in Section 6.2(a). (d) Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture furniture, furnishings and furnishings property of Tenant, Tenant’s Protected Parties and property in Tenant’s control, care and custody in the leased premises Leased Premises arising out of loss by the all events required to be insured against pursuant to Sections Section 6.2(b), (d) and (e) Landlord shall bear the risk of damage to the building on the Real Estate arising out of loss by events required to be insured against pursuant to Section 6.3(b). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 6.2(a) or Section 6.3(a) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) or Section 6.1(b) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or and not actually insured against, the party at fault shall pay the amount not actually coveredcovered under these respective policies.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein by the terms hereof to be insured forcovered by insurance, any loss, cost, damage or expense arising from such eventexpense, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents employees, agents, contractors and customers ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agentsofficers, directors, officers employees, agents and employees contractors ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of or to third persons, occasioned by events occurring within, on or about the leased premisesLeased Premises, regardless of the party at fault, if any. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by events occurring on or about the Real Estate (other than premises leased to tenants), regardless of the party at fault, if any; provided, however, Landlord shall not bear the risk for the Ramp Area, including but not limited to all aircraft thereon, as such area is designated on the Site Plan. Said risk shall be insured against as provided in Section 6.3(a). (c) Tenant shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by any event occurring on or about the Real Estate, including the Ramp Area as designated on the Site Plan (but excluding premises leased to other tenants), provided such event is occasioned by the wrongful act or omission of any of Tenant Protected Parties. Said risk shall be insured against as provided in Section 6.2(a). (d) Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture furniture, furnishings and furnishings property of Tenant, Tenant's Protected Parties and property in Tenant's control, care and custody in the leased premises Leased Premises arising out of loss by the all events required to be insured against pursuant to Sections Section 6.2(b), (d) and (e) Landlord shall bear the risk of damage to the building on the Real Estate arising out of loss by events required to be insured against pursuant to Section 6.3(b). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 6.2(a) or Section 6.3(a) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) or Section 6.1(b) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or and not actually insured against, the party at fault shall pay the amount not actually coveredcovered under these respective policies.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense expense, arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its respective partners, shareholders, members, agents, directors, officers and employees ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (ai) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, property of third persons, persons occasioned by events occurring on or about the leased premisesLeased Premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a); and 611(b) hereof. (bii) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to the property of third persons occasioned by events occurring on or about 488 MAIN other than the Leased Premises. Said risk shall be insured against as provided in Section 11(c) hereof. (iii) Tenant shall bear the risk of damage to the improvements on the leased premises and to LesseeTenant's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b), Section 11(b)(ii) hereof. (div) and (e)Landlord shall bear the risk of damage to 488 MAIN arising out of loss by events required to be insured against pursuant to Section 11(c) hereof. Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section (b)(i) or Section (c)(i) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) exceeds the coverage or the amount of insurance required to be carried under said Section this Lease Agreement or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee “Tenant Protected Parties'”), and without regard to the fault of LessorLandlord, its members, Agent, their respective partners, shareholders, members, agents, directors, officers and employees ('Lessor “Landlord Protected Parties'”). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premisesLeased Premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a6.2.1(a); and 6. (b) Lessee Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's Tenant’s contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b6.2.2(a), (db), (c) and (ed). (c) Tenant shall bear the risk of loss from all workers’ compensation claims. (d) Tenant shall bear the risk of loss of damage to improvements on the Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2.2(a), (b), (c), and (d) provided that Landlord shall carry the insurance specified in those Sections, unless any act or omission of Tenant shall prevent Landlord from obtaining such insurance, in which event Tenant shall provide such insurance. Notwithstanding the foregoing, provided Lessee does not default neither Landlord nor Tenant defaults in its obligation to carry insurance under Section 6.2(a)insurance, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) to be insured against exceeds the coverage or the amount of insurance required to be carried under said Section hereunder or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered. 6.2.1 Tenant shall procure and maintain policies of insurance, at its own cost and expense, insuring: (a) The Landlord Protected Parties (as “named insureds”), and Landlord’s mortgagee, if any, of which Tenant is given written notice, and Tenant Protected Parties, from all claims, demands or actions made by or on behalf of any person or persons, firm or corporation and arising from, related to or connected with the Leased Premises, for bodily injury to or personal injury to or death of any person, or more than one (1) person, or for damage to property in an amount of not less than $1,000,000 combined single limit per occurrence (with an aggregate limit of $2,000,000). Said insurance shall be written on an “occurrence” basis and not on a “claims made” basis. If at any time during the term of this Lease, Tenant owns or rents more than one location, the policy shall contain an endorsement to the effect that the aggregate limit in the policy shall apply separately to each location owned or rented by Tenant. Landlord shall have the right, exercisable by giving written notice thereof to Tenant, to require Tenant to increase such limit if, in Landlord’s reasonable judgment, the amount thereof is insufficient to protect the Landlord Protected Parties and Tenant Protected Parties from judgments which might result from such claims, demands or actions. (b) All contents and Tenant’s trade fixtures, machinery, equipment, furniture and furnishings in the Leased Premises to the extent of at least ninety percent (90%) of their replacement cost under Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form (“all risk” coverage). Said insurance shall contain an endorsement waiving the insurer’s right of subrogation against any Landlord Protected Party, provided that such waiver of the right of subrogation shall not he operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that Landlord shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereby keeping such waiver in full force and effect). (c) Tenant Protected Parties from all worker’s compensation claims.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by paid out of insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its respective partners, shareholders, members, agents, directors, officers and employees ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premisesLeased Premises, regardless of the party at fault. Said Such risks shall be insured as provided in Section 6.2(a6.1(a); and 6. (b) Lessee Tenant shall bear the risk of damage to the improvements on the leased premises Leased Premises and to LesseeTenant's contents, trade fixtures, machinery, equipment, furniture furniture, and furnishings in the leased premises Leased Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b6.1(b), (d), (e) and (eg). Notwithstanding the foregoing, provided Lessee does not default in its obligation to carry insurance under Section 6.2(a), if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a6.0(a) exceeds the coverage or the amount of insurance required to be carried under said that Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault Tenant shall pay the amount not actually covered.

Allocation of Risks. The parties desire, to the extent permitted by lawLaws, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein by the terms hereof to be insured forcovered by insurance, any loss, cost, damage or expense arising from such eventexpense, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents employees, agents, contractors and customers ('Lessee “Tenant Protected Parties'”), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agentsofficers, directors, officers employees, agents and employees contractors ('Lessor “Landlord Protected Parties'”). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of or to third persons, occasioned by events occurring within, on or about the leased premisesLeased Premises, regardless of the party at fault, if any. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by events occurring on or about the Real Estate (other than premises leased to tenants), regardless of the party at fault, if any; provided, however, Landlord shall not bear the risk for the Ramp Area, including but not limited to all aircraft thereon and the loading dock area, as such area is designated on the Tenant Parking Area (defined in Section 21.17 below). Said risk shall be insured against as provided in Section 6.3(a). (c) Tenant shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by any event occurring on or about the Ramp Area and the loading dock area as designated on the Tenant Parking Area (defined in Section 21.17 below) provided that as to the Ramp Area only, such event is occasioned by the wrongful act or omission of any of Tenant Protected Parties. Said risk shall be insured against as provided in Section 6.2(a). (d) Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture furniture, furnishings and furnishings property of Tenant, Txxxxx’s Protected Parties and property in Tenant’s control, care and custody in the leased premises Leased Premises arising out of loss by the all events required to be insured against pursuant to Sections Section 6.2(b), (d) and (e) Landlord shall bear the risk of damage to the building on the Real Estate arising out of loss by events required to be insured against pursuant to Section 6.3(b). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 6.2(a) or Section 6.3(a) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) or Section 6.1(b) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or and not actually insured against, the party at fault shall pay the amount not actually coveredcovered under these respective policies.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by paid out of insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee “Tenant Protected Parties'”), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agents, directors, officers and employees ('Lessor “Landlord Protected Parties'”). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, persons occasioned by events occurring on or about the leased premisesLeased Premises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Subject to the terms and conditions of Section 9.1(a) below, Tenant shall bear the risk of damage to the improvements on the leased premises Leased Premises and to Lessee's Tenant’s contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises arising out Leased Premises. Regardless of loss the limitations of the insurance coverages in effect during the term of this Lease, Tenant agrees to pay, and to indemnify and defend Landlord against, all costs and expenses (including reasonable attorney’s fees) incurred by or imposed upon Landlord by or in connection with any litigation to which Landlord becomes or is made a party concerning any claim for damages of any kind or nature, including but not limited to bodily injury, personal injury or death, or damage to the property, of third persons occasioned by events required to be insured against pursuant to Sections 6.2(b)occurring on or about the Leased Premises; provided, (d) and (e). Notwithstanding however, that the foregoing, provided Lessee does foregoing indemnity shall not default in its obligation to carry insurance under Section 6.2(a), if and apply to the extent that such liability arises in connection with the negligence or willful misconduct of Landlord or other fault of Landlord. Regardless of the limitations of the insurance coverages in effect during the term of this Lease, Landlord agrees to pay, and to indemnify, hold harmless and defend Tenant against, all costs and expenses (including reasonable attorney’s fees) incurred by or imposed upon Tenant by or in connection with any loss litigation to which Tenant becomes or is made a party concerning any claim for damages of any kind or nature, including but not limited to bodily injury, personal injury or death, or damage to the property, of third persons occasioned by any event of events occurring on or about the type described in Section 6.1(a) exceeds Leased Premises; for which the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as Landlord is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually coveredfault.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein by the terms hereof to be insured forcovered by insurance, any loss, cost, damage or expense arising from such eventexpense, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents employees, agents, contractors and customers ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its Agent, their respective partners, shareholders, members, agentsofficers, directors, officers employees, agents and employees contractors ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (a) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of or to third persons, occasioned by events occurring within, on or about the leased premisesLeased Premises, regardless of the party at fault, if any. Said risks shall be insured as provided in Section 6.2(a); and 6. (b) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to property, or to third persons, occasioned by events occurring on or about the Real Estate (other than premises leased to tenants), regardless of the party at fault, if any. (c) Tenant shall bear the risk of damage to the improvements on the leased premises and to Lessee's contents, trade fixtures, machinery, equipment, furniture furniture, furnishings and furnishings property of Tenant, Xxxxxx's Protected Parties and property in Tenant's control, care and custody in the leased premises Leased Premises arising out of loss by the all events required to be insured against pursuant to Sections Section 6.2(b), . (d) and (eLandlord shall bear the risk of damage to the building on the Real Estate arising out of loss by events required to be insured against pursuant to Section 6.3(b). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 6.2(a) or Section 6.3(a) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a) or Section 6.1(b) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or and not actually insured against, the party at fault shall pay the amount not actually coveredcovered under these respective policies.

Allocation of Risks. The parties desire, to the extent permitted by -------------------- law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, or by the party required to obtain insurance in the event such party defaults in its obligation to do so, without regard to the fault of LesseeTenant, its officers, employees employees, agents, contractors or agents invitees ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its agents, their respective partners, shareholders, members, agents, directors, officers officers, contractors and employees ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (ai) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, property of third persons, occasioned by events occurring on or about the leased premisesPremises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(asubsection 14(b)(i); and 6. ------------------- (bii) Lessee Landlord shall bear the risk of bodily injury, personal injury or death, or damage to the property of third persons, occasioned by events occurring on or about the Property (other than the Premises or premises leased to other tenants) regardless of the party at fault. Said risk shall be insured against as provided in subsection 14(c)(i). ------------------- (iii) Tenant shall bear the risk of damage to the improvements on the leased premises and to LesseeTenant's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(b), (d) and (esubsection 14(b)(ii). --------------------- (iv) Landlord shall bear the risk of damage to the Building and common areas arising out of loss by events required to be insured against pursuant to subsection 14(c)(ii). --------------------- Notwithstanding the foregoing, provided Lessee the party required to carry insurance under subsection 14 (b)(i) or subsection 14 (c)(i) hereof does --------------------- -------------------- not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(aSubsection 14(a)(i) or Subsection 14 (a)(ii) exceeds the coverage or the amount of insurance required to be carried under said Section Sections or such greater coverage or amount of insurance as is actually carried, carried or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered.

Allocation of Risks. The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury and or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of LesseeTenant, its officers, employees or agents ('Lessee "Tenant Protected Parties'"), and without regard to the fault of LessorLandlord, its beneficiaries, Agent, their respective partners, shareholders, members, agents, directors, officers and employees ('Lessor "Landlord Protected Parties'"). As between Lessor Landlord Protected Parties and Lessee Tenant Protected Parties, such risks are allocated as follows: (ai) Lessee Tenant shall bear the risk of bodily injury, personal injury or death, or damage to the property, of third persons, occasioned by events occurring on or about the leased premisesPremises, regardless of the party at fault. Said risks shall be insured as provided in Section 6.2(a13(B)(i); and 6. (bii) Lessee Landlord shall bear the risk of bodily injury, personal injury, or death or damage to the property, of third persons, occasioned by events occurring on or about the Property (other than premises leased to tenants), provided such event is occasioned by the wrongful act or omission of any of Landlord Protected Parties. Said risk shall be insured against as provided in Section 13(C)(i). (iii) Tenant shall bear the risk of damage to the improvements on the leased premises and to LesseeTenant's contents, trade fixtures, machinery, equipment, furniture and furnishings in the leased premises Premises arising out of loss by the events required to be insured against pursuant to Sections 6.2(bSection 13(B)(ii), . (div) and (eLandlord shall bear the risk of damage to the Building arising out of loss by events required to be insured against pursuant to Section 13(C)(ii). Notwithstanding the foregoing, provided Lessee the party required to carry insurance under Section 13(B)(i) or Section 13(C)(i) hereof does not default in its obligation to carry insurance under Section 6.2(a)do so, if and to the extent that any loss occasioned by any event of the type described in Section 6.1(a13(A)(i) or Section 13(A)(ii) exceeds the coverage or the amount of insurance required to be carried under said Section or such greater coverage or amount of insurance as is actually carried, or results from an event not required to be insured against or not actually insured against, the party at fault shall pay the amount not actually covered.