Common use of By Landlord Clause in Contracts

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants of the Project as additional insureds, on the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insurance.

By Landlord. Landlord shall, subject to reimbursement as part set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) structural elements of Landlord's Common Area Costs shall carry public liability insurance the Building; (with contractual liability endorsements2) standard mechanical (including HVAC), electrical, plumbing and naming fire/life safety systems serving the tenants Building generally; (3) Common Areas; (4) the roof of the Project as additional insureds, on Building; (5) exterior windows of the Common Areas providing coverage for each such area of Building; and (6) elevators serving the Building. Landlord shall not less than $2,000,000.00 against liability for bodily injury including death and personal injury be liable for any one occurrence and $1,000,000.00 property damage insurance, failure to make any such repairs or a combined single limit insurance in to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the amount need of $2,000,000.00such repairs or maintenance is given to Landlord by Tenant. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence any of the existence foregoing maintenance or repair is necessitated due to the acts or omissions of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and any Tenant Party, Tenant shall be given a minimum pay the costs of such repairs or maintenance to Landlord within thirty (30) days' written notice days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Complex pursuant to Landlord’s rights and obligations under this Lease. Notwithstanding the foregoing, if, as a result of such work by Landlord (or Landlord’s failure to perform any work or repair it is required to perform hereunder), (i) the insurance company prior Premises, or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to cancellationuse the Premises in the normal course of it business), termination and (ii) Tenant in fact ceases to use the Premises (or change material portion thereof), then Tenant’s sole remedy therefor shall be as follows: commencing after the expiration of five (5) consecutive business days following the later to occur of the date the Premises (or a material portion thereof) becomes untenantable, or the date Tenant ceases to use such space, the Rent payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of the Premises not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. To the extent allowed by law, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in such insuranceeffect.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants on those portions of the Project as additional insureds, on the Common Areas included in the Total Tract providing coverage for each such area of not less than $2,000,000.00 [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 [***] property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00[***]. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in on the Project Total Tract, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord , such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees thatto pay Landlord, within twenty (20) days following request as additional rent, 25 cents per year for each square foot of Tenant thereforStore Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, Landlord will provide Tenant with evidence as Tenant's share of the existence cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given a minimum adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of thirty (30) days' written notice the premiums paid by the Landlord for such insurance company prior to cancellation, termination or change in such insurancecoverage.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants of the Project as additional insureds, on the Common Areas Area of the Center providing coverage for each such area of not less than $2,000,000.00 1,000,000 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 250,000 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.001,000,000. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in on the Project Center, including the Common Areas and the Premises, premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as the Tenant's Work (excluding wall covering, floor covering, carpeting and drapes), and improvements erected by Landlord in the Center. Landlord Tenant agrees thatto pay Landlord, within twenty as additional rent, FIFTEEN CENTS (20$0.15) days following request per year for each square foot of Tenant thereforStore floor area payable in equal installments on the first day of every calendar month during this Lease Term, Landlord will provide Tenant with evidence as Tenant's share of the existence cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage. Tenant's share of insurance for the first (1st) year shall be FIFTEEN CENTS ($0.15) per square foot which equals to TWO HUNDRED TWENTY FIVE DOLLARS ($225.00) per annum to be paid at a minimum rate of thirty EIGHTEEN AND 75/100's DOLLARS (30$18.75) days' written notice by the insurance company prior to cancellation, termination or change in such insuranceper month.

By Landlord. Subject to the limitations in this Section 14, Landlord shall (i) at Landlord’s sole cost and expense, make all replacements to the roof, the structural components of the roof, and structural components of the Base Building Improvements, including, without limitation, the exterior walls, load bearing walls, beams, columns, structural aspects of floor slabs, and foundations of the Base Building Improvements and replacements thereof (collectively the "Structural Components") and (ii) at Landlord’s cost and expense, but subject to Tenant’s reimbursement obligations under Section 14(c), make all capital replacements to the electrical, fire and life safety, mechanical, heating, ventilating and air conditioning, plumbing, drainage, elevator and other major operating systems installed as part of Landlord's Common Area Costs shall carry public liability insurance the Base Building Improvements and replacements thereof (with contractual liability endorsementsthe “Building’s Systems”), each to the extent necessary to keep the Structural Components and naming the tenants of Building’s Systems in good condition and repair consistent with First Class Building Standards (normal wear and tear excepted) and in compliance with Legal Requirements. Notwithstanding anything contained herein to the Project as additional insureds, on the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, thencontrary, Landlord shall not be obligated to replace any Structural Component or Building System to the extent such Structural Component or Building System is repaired in a manner which will provide Tenant cause the Building to continue to be operated in accordance with evidence of Landlord's acquisition of insurance policies the First Class Building Standards and coverage whose limits or coverage are not less than the then customary limits and typeLegal Requirements. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Subject to Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property 17(c) and excluding plate glass) for the full insurable value thereof, with such deductibles any damage that is caused as Landlord deems reasonably advisable. Landlord agrees thata result of casualty or condemnation, within twenty thirty (2030) days following request Tenant’s receipt of Tenant therefor, any invoice from Landlord will provide Tenant with evidence of evidencing the existence of the insurance costs hereafter described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and 14(a), Tenant shall reimburse Landlord for its out-of-pocket costs incurred in connection with any replacement to the Structural Components or the Building Systems to the extent such replacement is required due to either (i) damage caused by Tenant or any agent, contractor, or employee of Tenant or (ii) Tenant’s failure to maintain and/or repair such Structural Component or Building System as required pursuant to Section 14(b) below. In addition, Landlord shall not be given obligated to replace any Structural Component or Building System if either (A) a minimum warranty held by Tenant is in effect which actually covers the replacements or repair of thirty such Structural Component or Building System or (30B) days' written notice any warranty in effect with respect to such Structural Component or Building System and which would otherwise cover the replacement or repair of such Structural Component or Building System has been voided by the insurance company prior to cancellationact or omission of Tenant or any agent, termination contractor or change in such insuranceemployee of Tenant.

By Landlord. Landlord as part shall keep in good order, condition and repair the structural portions, foundations, exterior walls, canopy, roof structure, roof membrane, downspouts and gutters of the Building (excluding all windows, doors, plate glass and non-structural portions of storefronts, and except for damage caused by any act, negligence or omission of Tenant or its employees, agents, invitees, licensees, contractors or subtenants, damage or destruction caused by any casualty not required to be repaired under Article 16 and any condemnation or taking of the Premises or the Shopping Center governed by Article 15). Such maintenance and repair of the structural portions and foundations of the Building and the structural members of the roof of the Building shall be at Landlord's sole cost and expense; all other maintenance and repair described above (including painting, maintenance, repair and replacement of covered walkways, planters, and all portions of the roof of the Building other than the structural members) shall be arranged by Landlord, included in Common Area Maintenance Costs and paid by Tenant pursuant to Article 12 or, at Landlord's election, paid directly by Tenant to the extent relating to the Premises. Landlord shall maintain electrical and plumbing service to the Premises (excluding the service panels) but is not liable to Tenant for interruption of such service. Landlord shall warrant the major components of Landlord's Common Area Costs shall carry public liability insurance work for a period of one (with contractual liability endorsements1) year (excluding glazing, light bulbs, plugged sinks or toilets, etc.), and naming after which time Tenant shall assume responsibility for Tenant's obligations listed below. Landlord shall have no obligation to make any repairs or replacements hereunder until the tenants expiration of ten (10) days following written notice from Tenant to Landlord of the Project as additional insuredsneed therefor. Should Landlord not make a repair or replacement subsequent to the ten (10) day period noted above, on and such repair or replacement is the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required responsibility of Landlord under this Section 9.1, then Tenant may make the provisions hereof, then, necessary and reasonable repairs and bill Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with cost of such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) repairs provided Tenant notifiex Xxndlord in writing of their intent to make such repairs two days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination the commencement of work or change in such insurancethe incurring of costs for which Tenant will seek reimbursement.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants on those portions of the Project as additional insureds, on the Common Areas included in Landlord's Tract providing coverage for each such area of not less than $2,000,000.00 3,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.003,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in the Project on Landlord's Tract, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord , such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "D" and "D-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "D"; Tenant agrees thatto pay Landlord, within twenty as additional rent, thirty cents (20$.30) days following request per year for each square foot of Tenant thereforStore Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, Landlord will provide Tenant with evidence as Tenant's share of the existence cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given a minimum adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of thirty (30) days' written notice the premiums paid by the Landlord for such insurance company prior to cancellation, termination or change in such insurancecoverage.

By Landlord. A. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants on those portions of the Project as additional insureds, on the Common Areas providing included in and around the Complex, including coverage for each such area any accident resulting in personal injury, bodily injury or death of any person and consequential damages arising therefrom, including comprehensive property damage insurance, in an amount of not less than three million dollars ($2,000,000.00 against liability for 3,000,000) combined single-limit coverage with respect to personal or bodily injury including or death and personal injury for to any one occurrence or more persons and $1,000,000.00 property with respect to damage insuranceto property, or a combined single limit insurance in such other amount an may be agreed by Landlord and Ground Lessor pursuant to the amount Ground Lease or as may be required by the holder of $2,000,000.00any mortgage on the Complex. If it becomes customary, Tenant shall be named as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of an additional insured on Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's with respect to the Common Area Costs, Areas only. B. Landlord shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements required by Ground Lessor and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in comprising the Project Complex, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof but in no event less than the full replacement cost thereof, with such deductibles as are allowed by the Ground Lease, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit C as Tenant's Work (excluding wall coverings, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit C. Tenant shall be named as a loss payee with respect to such insurance coverage as respects those portions of Tenant's Work set forth in the preceding sentence. C. Landlord deems reasonably advisable. Landlord shall carry Business Interruption Insurance as required by Ground Lessor and all other insurance now or in the future required by Ground Lessor. D. Tenant agrees thatto pay Landlord, within twenty (20) days following request of Tenant thereforas Additional Rent, Landlord will provide Tenant with evidence its Proportionate Share of the existence cost of the premiums for such insurance described above in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insurance15.1.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants on those portions of the Project as additional insureds, on the Common Areas included in the Center providing coverage for each such area of not less than $2,000,000.00 5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.005,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in on the Project Center, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the with full insurable value thereof, replacement cost endorsement with such deductibles as Landlord deems reasonably advisable. Landlord , such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees thatto pay Landlord, within twenty as additional rent, the lesser of (20a) days following request of Tenant therefor, Landlord will provide Tenant with evidence Tenant's pro rata share per year of the existence actual cost of Landlord's insurance premiums for the insurance described above or (b) thirty cents (3Oc) per year ------------------ for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given a minimum adjusted upward or downward in direct ratio to the increase or decrease in the cost of thirty (30) days' written notice the premiums paid by the Landlord for such insurance company prior to cancellation, termination or change in such insurancecoverage.

By Landlord. Landlord shall have the right to place, maintain and repair all utility equipment of any kind in, upon, around and under the Leased Premises as part may be necessary for the service of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements)the Leased Premises and other portions of the Property, and naming Landlord (for itself and other tenants in the tenants Property) hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires, utilities and structural elements leading through, under and over the Leased Premises in locations which will not unreasonably interfere with Tenant’s use thereof so long as same are installed below the finished floor, within or along a wall or column, or above or along the finished ceiling. Landlord shall also have the right to enter the Leased Premises at all reasonable times to inspect or to exhibit the same to prospective purchasers, mortgagees, ground lessors and tenants, and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. Landlord shall be allowed to take all material in, to and upon the Leased Premises that may be required in connection with such repairs, additions, alterations or improvements without the same constituting an eviction of Tenant in whole or in part. If the Leased Premises contain means of access to the roof or basement, Landlord shall have the right to enter the Leased Premises at all reasonable times to gain access to said roof or basement to inspect same and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. Landlord may erect such alterations, additions, or improvements to the Property as Landlord in its sole discretion deems reasonably necessary or appropriate for the proper maintenance, operation or expansion or improvement of the Project as additional insuredsProperty; provided, on the Common Areas providing coverage for each however, that no such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurancealterations, additions, or a combined single limit insurance in improvements shall materially and adversely affect (i) access or visibility to the amount Leased Premises or (ii) visibility to Tenant’s signs upon the Building and the Property relating to the Leased Premises and Tenant’s business thereat or (iii) the proximity of $2,000,000.00. If it becomes customary, as reasonably determined by the Leased Premises to adequate customer parking or (iv) subject to Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which ’s right to relocate the Premises is located to carry and maintain insurance policies as set forth in this Lease, diminish the size or usable square feet, or alter the configuration, of the Leased Premises. In connection with higher limits or different coverages than is required of Landlord under the provisions hereof, thenLandlord’s rights set forth herein, Landlord will provide Tenant and its contractors shall not interfere unreasonably with evidence Tenant’s use and occupancy of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Leased Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice promptly repair any damages caused by the insurance company prior to cancellation, termination or change in such insuranceits activities hereunder.

By Landlord. Through the Lease Term and any extensions or renewal thereof, Landlord will (subject to Tenant’s reimbursement obligations, to the extent applicable), keep, maintain, and repair (including replacements, if necessary), maintain or cause to be maintained the structural portions of the roof, foundations, floors and exterior walls of the Office Building, as part of Landlord's well as the Office Building Common Area Costs shall carry public liability insurance and the Common Area, provided, however, that Tenant will pay the cost of repairs for any damage occasioned by Tenant’s use of the Leased Premises, Office Building, or the Common Area (with contractual liability endorsementsother than ordinary wear and tear), or any act or omission of Tenant or Tenant’s representatives or invitees, to the extent (if any) not covered by Landlord’s property insurance, (as set forth in Article 6.3). Tenant will immediately report in writing to Landlord any defective condition in the Leased Premises known to Tenant which Landlord is required to repair. Throughout the term of this Lease, Landlord shall provide such maintenance and naming services as typically provided for Class A office buildings in the tenants Minneapolis-St. Xxxx metropolitan area. Landlord hereby reserves the right, at any time and from time to time, at Landlord’s sole expense and without liability to Tenant, and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant’s obligations under this Lease: (i) to make alterations, additions, repairs, improvements to or in or to decrease the size of area of, all or any party of the Project as additional insuredsOffice Building, the fixtures and equipment therein, and the systems; (ii) to change the Office Building’s name or street address; (iii) to install and maintain any and all signs on the Common Areas providing coverage for each such area exterior or interior of not less than $2,000,000.00 against liability for bodily injury the Office Building; (iv) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including death the Parking Garage) and personal injury for other tenancies and premises in the Project and to create additional rentable areas through use or enclose of common areas; and (v) if any one occurrence and $1,000,000.00 property damage insuranceGovernmental Authorities promulgate or revise any law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking with the Project, to comply with said controls, whether mandatory or voluntary, or a combined single limit insurance in make any alterations to the amount Project related thereto. Notwithstanding the foregoing, Landlord shall not cause or permit any of $2,000,000.00the foregoing to materially adversely affect Tenant’s use or enjoyment of, or access to and from, the Leased Premises, and Landlord shall not thereby cause or permit Operating Costs payable by Tenant to materially increase. If it becomes customaryLandlord will provide janitorial service to the Leased Premises five (5) days per week, as reasonably determined which cost for said service will be reimbursed to Tenant by Landlord, during the Term as Additional Rent, along with Tenant’s payment of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Operating Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insurance.

By Landlord. Landlord shall, subject to reimbursement under Exhibit C, keep the Building’s Structure (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), the Building’s Systems serving the Common Areas, and the roof of the Premises in good repair. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, contractors, employees, subtenants, invitees, customers, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be subject to the casualty and condemnation provisions of this Lease. In addition, Landlord shall, at Tenant’s cost and expense, enter into a regularly scheduled preventive maintenance/service and repair contract with a maintenance contractor for servicing all HVAC systems and equipment serving the Premises. Notwithstanding the foregoing, if the HVAC needs to be replaced sooner than it would otherwise be required to be replaced due to Tenant’s excessive use of such HVAC or due to Tenant’s negligence or willful misconduct, then Tenant shall be responsible at its sole cost and expense for replacing such HVAC component(s). Except as part set forth in the preceding sentence, Landlord shall be solely responsible for the cost of Landlord's replacing the HVAC (or any constituent components thereof) when such replacement becomes necessary. Tenant shall reimburse Landlord for Tenant’s Proportionate Share (as defined in the Basic Lease Information) of the cost for such maintenance/service and repair contract concurrently with Tenant’s payment of Common Area Maintenance Costs (as defined in Exhibit C). In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall carry public liability insurance (with contractual liability endorsements), give immediate written notice thereof to Landlord and naming Landlord shall have a reasonable time after receipt by Landlord of such written notice in which to make such repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the tenants of Premises or in the Project as additional insuredspursuant to Landlord’s rights and obligations under the Lease. In addition, on Landlord shall maintain the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death the Project, subject to reimbursement as set forth in Exhibit C. To the extent allowed by law, Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and personal injury for any one occurrence 1942 of the California Civil Code, and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during right to terminate the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part 1932(1) of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the PremisesCalifornia Civil Code, and all leasehold improvements constructed any other laws, statutes or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request ordinances now or hereafter in effect of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insurancelike import.

By Landlord. Tenant shall have the right to participate in all negotiations of tax assessments against the Taxable Premises. Tenant shall have the right to contest the validity or the amount of any tax or assessment levied against the Taxable Premises and, with Landlord's consent which consent shall not be unreasonably withheld or delayed, the Tax Parcel or the Shopping Center by such appellate or other proceedings as may be appropriate in the jurisdiction in which such properties lie and may defer payment of such obligations, pay same under protest or take such other steps as Tenant may deem appropriate; provided, however, Tenant shall take no action which will cause or allow the institution of any foreclosure proceedings or similar action against the Taxable Premises, the Tax Parcel or the Shopping Center. Landlord as part shall cooperate, at Xxxxxx's expense, in the institution and prosecution of any such proceedings initiated by Xxxxxx and will execute any documents required therefor. Notwithstanding the aforesaid, if Tenant is paying a Proportionate Share of real estate taxes, Landlord shall have the first right to contest such real estate taxes and only if Landlord elects to not so contest such taxes may Tenant proceed to protest same. Should Landlord institute proceedings to contest the validity or the amount of any tax or assessment levied against the Taxable Premises, the Tax Parcel or the Shopping Center, Tenant, at Landlord's expense, will cooperate in such proceedings but Tenant shall have no obligation to disclose any financial or other information in such proceeding. Should any of the proceedings referred to in the preceding two paragraphs of this Article 5 result in reducing the total annual real estate tax and assessment liability against the Taxable Premises or the Tax Parcel, Tenant, after deducting any out of pocket expenses incurred by Landlord, shall be entitled to receive Tenant's Proportionate Share of such refunds attributable to the Taxable Premises paid by the taxing authorities. After payment of all of Landlord's and Xxxxxx's out of pocket expenses incurred in any proceeding pertaining to the Tax Parcel in which a refund is paid, Landlord shall pay to Tenant, Xxxxxx's proportionate share of such refund. Any balance of said refund remaining after such payment to Tenant shall belong to Landlord. If no refund shall be secured in any given proceeding, the party instituting the proceeding shall bear the entire cost. The term "Taxable Premises", as used in this lease, shall mean the Demised Premises, together with the land underneath the Demised Premises and if the Taxable Premises may be separately assessed, the Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants which is a part of the Project as additional insureds, on the Common Areas providing coverage for each such area of not less than $2,000,000.00 against liability for bodily injury including death and personal injury for any one occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements owned by Landlord in the Project including the Common Areas and the Premises, and all leasehold improvements constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance described in this Section 11.1. Landlord's insurance will include contractual liability coverage recognizing this Lease and shall provide that Landlord and Tenant shall be given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or change in such insuranceseparately assessed parcel.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants on those portions of the Project as additional insureds, on the Common Areas included in Landlord's Tract providing coverage for each such area of not less than $2,000,000.00 5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.005,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and windstorm, extended coverage, vandalism, malicious mischief mischief, flood and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in the Project on Landlord's Tract, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord , such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "D" and "D-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "D"; Tenant agrees thatto pay Landlord, within twenty as additional rent, thirty cents (2030 cents) days following request per year for each square foot of Tenant thereforStore Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, Landlord will provide Tenant with evidence as Tenant's share of the existence cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given a minimum adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of thirty (30) days' written notice the premiums paid by the Landlord for such insurance company prior to cancellation, termination or change in such insurancecoverage.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public commercial general liability insurance (with contractual liability endorsements), and naming either through the tenants purchase of the Project as additional insureds, insurance or a self-insurance plan) on those portions of the Common Areas included in Landlord's Tract providing coverage for each such area of not less than $2,000,000.00 5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of $2,000,000.005,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry "all risk" insuranceinsurance for fire, including fire and extended coverage, vandalism, malicious mischief and such other endorsements and/or coverages considered reasonable and customary for similar properties in the downtown Chicago areadeemed advisable by Landlord, insuring all improvements owned by Landlord in the Project on Landlord's Tract, including the Common Areas and the Premises, Premises and all leasehold improvements constructed or installed by Landlord thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord , such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "B" and "B-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "B"; Tenant agrees thatto pay Landlord, within twenty (20) days following request as additional rent, the Insurance Charge set forth in Article I, payable in equal installments on the first day of Tenant thereforevery calendar month during the Lease Term, Landlord will provide Tenant with evidence prorated for partial months and partial Lease Years, as Tenant's share of the existence cost of the premiums for such insurance described above in this Section 11.1sentence. Landlord's insurance will include contractual liability coverage recognizing this At the end of the first Partial Lease Year and shall provide that Landlord and each Lease Year thereafter, the amount thus to be paid by Tenant shall be given a minimum adjusted from time to time as required (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of thirty the premiums paid by Landlord for such insurance coverage. Notwithstanding the foregoing provision, in no event shall the increase in Tenant's Insurance Charge for the second full calendar year following the Commencement Date and any subsequent calendar year exceed six percent (306%) days' written notice by of Tenant's Insurance Charge for the insurance company prior to cancellation, termination or change in such insurancepreceding calendar year.