Common use of By Tenant Clause in Contracts

By Tenant. Xxxxxx agrees to carry commercial general liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property Group, Inc., and the property management company as additional insureds with terms and companies satisfactory to Landlord, on an Occurrence form with a limit of not less than $1,000,000.00 for any one (1) occurrence. Tenant shall also carry Umbrella or Excess insurance in an amount of not less than $2,000,000.00. Tenant’s insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. Tenant shall provide notice to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal or cancellation of the policies required under this Lease. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All Risk” policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial general liability policy of insurance shall in no way limit or diminish Tenant’s liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease TermTerm hereof, covering the Tenant and naming the Landlord, Simon Property GroupLandlord's mortgagee, Inc., Landlord's agents and the property management company beneficiaries and such other parties as may be reasonably requested by Landlord as additional named insureds with terms and companies reasonably satisfactory to Landlord, on an Occurrence form with a limit Landlord for limits of not less than $1,000,000.00 2,000,000 for bodily injury, including death, and personal injury for any one (1) occurrence. Tenant shall also carry Umbrella , $1,000,000 property damage insurance or Excess insurance in an amount combined single limit of not less than $2,000,000.002,000,000. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and and/or completed operations liability. , sprinkler damage insurance and shall provide that Landlord and Tenant shall provide be given a minimum of thirty (30) days' written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a included in standard “All Risk” policy of property fire and extended coverage insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in for the Premises (including store fronts), in amounts not less than the actual replacement costfull insurable value, covering Tenant's leasehold improvements constructed or installed by Tenant, all of Tenant’s 's merchandise, trade fixtures, furnishingfurnishings, wall coveringcoverings, plate glass, floor coveringcoverings, carpeting, drapesdrapes and window coverings, equipment and all items of personal property of Tenant located on or within the Premises. Upon At the Commencement Date and annually thereafterDate, Tenant shall provide Landlord with certificates or, at Landlord’s request, copies of the policies, policies or certificates evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and Tenant's insurance obligation shall be subject to increase additional and/or different types of insurance at any time, and from time to time, after during the commencement of the fifth (5th) year of the Lease Term hereof if Landlord Landlord, in the exercise of its reasonable judgment judgment, shall deem same necessary for adequate protectionprotection hereunder. Within thirty twenty (3020) days after Tenant's receipt of written demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it such demand has been complied with and further provided that such demand. Prior to the Commencement Date, Tenant’s additional and/or different types of insurance coverage shall be governed by reasonable and customary for restaurant uses in mixed use developments in the provisions of Exhibit “B”geographic area in which the Project is located. Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the rightright to maintain any coverage required pursuant to this Section 11.2 under any of its blanket insurance policies, so long as a condition to such consentblanket policies provide for the coverages, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million in the amounts, required herein, and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from so long as such policies list the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated conditionspecifically.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property GroupSimox XxXxxxxxx Xxxup, Inc. and M.S. Management Associates, Inc., and the property management company as additional insureds named insured, with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than $1,000,000.00 [***] for bodily injury, including death, and personal injury for any one (1) occurrence. Tenant shall also carry Umbrella , [***] property damage insurance or Excess insurance in an amount a combined single limit of not less than $2,000,000.00[***]. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of thirty (30) days written notice by the insurance company prior to Landlord immediately upon receipt cancellation or termination of any notice received by Tenant from its insurance carrier advising of non-renewal or cancellation of the policies required under this Leasesuch insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “"All Risk” " policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s 's request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty ten (3010) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.

By Tenant. Xxxxxx Tenant agrees to carry commercial general liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property DeBartolo Group, Inc., and the property management xxx xxxxxxxx xanagement company as additional insureds with terms and companies reasonably satisfactory to Landlord, on an Occurrence form with a limit of not less than $1,000,000.00 for any one (1) occurrence. Tenant shall also carry , together with primary, Umbrella or Excess insurance in an amount of not less than $2,000,000.00. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of thirty (30) days written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All "All-Risk” " (i.e. "Special Form"), which may be a blanket policy, policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance or self-insurance covering all plate glass in the Premises (including store fronts), in amounts not less than 80% of the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s 's request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512endorsements. The minimum limits of the commercial general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase increase, not to exceed a maximum limit of $3,000,000.00 combined single limit, at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s 's insurance coverage shall be governed by the provisions of Exhibit “"B”". Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s 's prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.

By Tenant. Xxxxxx agrees to carry commercial general liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property Group, Inc., and the property management company as additional insureds with terms and companies satisfactory to Landlord, on an Occurrence form with a limit of not less than $1,000,000.00 for any one (1) occurrence. Tenant shall also carry Umbrella or Excess insurance in an amount of not less than $2,000,000.00. Tenant’s insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. Tenant shall provide notice to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal or cancellation cancelation of the policies required under this Lease. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All Risk” policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial general liability policy of insurance shall in no way limit or diminish Tenant’s liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property GroupSimox XxXxxxxxx Xxxup, Inc. and M.S. Management Associates, Inc., and the property management company as additional insureds named insured, with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than $1,000,000.00 5,000,000.00 for bodily injury, including death, and personal injury for any one (1) occurrence. Tenant shall also carry Umbrella , $1,000,000.00 property damage insurance or Excess insurance in an amount a combined single limit of not less than $2,000,000.005,000,000.00. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of sixty (60) days written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All "All-Risk” " policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty ten (3010) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property Group, Inc., Ground Lessor and Owner of the property management company Hotel Parcel as an additional insureds named insured with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than $1,000,000.00 5,000,000.00 for bodily injury, including death, and personal injury for any one (1) occurrence. Tenant shall also carry Umbrella , $1,000,000.00 property damage insurance or Excess insurance in an amount a combined single limit of not less than $2,000,000.005,000,000.00. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of thirty (30) days written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All "All-Risk” " policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon Tenant may self-insure for any loss or damage of the Commencement Date and annually thereaftertype covered by standard all risk insurance with respect to Tenant's property described in the preceding sentence, provided that the net worth of Tenant, or Tenant's parent is never less than $8,000,000.00. Tenant shall provide Landlord with certificates or, at Landlord’s 's request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase every fifth (5th) year based on customary amounts of liability insurance then maintained by tenants in the Las Vegas metropolitan area at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty ten (3010) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior Notwithstanding anything to the Commencement Datecontrary contained within this Lease, Tenant’s 's obligation to carry the insurance coverage provided herein may be maintained by Tenant under a blanket policy or policies provided, however, that Landlord shall be governed named as an additional named insured thereunder as its interest may appear and that the minimum amount of total insurance afforded by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general liability insurance such blanket policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends which shall be allocable to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of be no less than Five Million the amounts of insurance required by this Section 11.2 and 00/100 Dollars ($5,000,000.00) and the protection afforded to purchase environmental impairment liability insurance with coverage of Landlord under such policy shall be no less than Five Million and 00/100 Dollars ($5,000,000.00) with that which would have been afforded under a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) separate policy or policies relating only to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated conditionPremises.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property Group, Inc., and the property management company Landlord as an additional insureds named insured with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than $1,000,000.00 l,000,000.00 for bodily injury, including death, and personal injury for, any one (1) occurrence. Tenant shall also carry Umbrella , $500,000.00 property damage insurance or Excess insurance in an amount a combined single limit of not less than $2,000,000.00. 1,000,000.00 Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of THIRTY (30) days written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All "All-Risk” " policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates or, at Landlord’s 's request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general public liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, right to require Tenant to purchase additional public liability insurance, and supply Landlord with certificates of insurance reflecting the additional insurance, with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 00/l00 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 00/l00 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated noncontaminated condition.

By Tenant. Xxxxxx Tenant agrees to carry commercial general public liability insurance on the Premises during the Lease Term, covering the Tenant and naming the Landlord, Simon Property Group, Inc., and the property management company Landlord as an additional insureds named insured with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than $1,000,000.00 2,000,000.00 for bodily injury, including death, and personal injury for any one (1) occurrence. Tenant shall also carry Umbrella , $1,000,000.00 property damage insurance or Excess insurance in an amount a combined single limit of not less than $2,000,000.00. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and completed operations liability. liability and providing that Landlord and Tenant shall provide be given a minimum of sixty (60) days written notice by the insurance company prior to Landlord immediately upon receipt of any notice received by Tenant from its insurance carrier advising of non-renewal cancellation, termination or cancellation of the policies required under this Leasechange in such insurance. Tenant also agrees to carry insurance against fire and such other risks as are from time to time required by Landlord, including, but not limited to, a standard “All "All-Risk” " policy of property insurance protecting against all risk of physical loss or damage, including without limitation, sprinkler leakage coverage and plate glass insurance covering all plate glass in the Premises (including store fronts), in amounts not less than the actual replacement cost, covering all of Tenant’s 's merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of Tenant located on or within the Premises. Upon the Commencement Date and annually thereafterthereof, Tenant shall provide Landlord with certificates or, at Landlord’s 's request, copies of the policies, evidencing that such insurance is in full force and effect and stating the terms thereof, including all endorsements at the following address (or such other address as Landlord may notify Tenant): Xxxxxx X. Xxxxxx Company, Ltd., 0000 Xxxxxx Xxxxxx, Xxxxxxxx, Ohio 44512endorsements. The minimum limits of the commercial comprehensive general liability policy of insurance shall in no way limit or diminish Tenant’s 's liability under Section 11.6 hereof and shall be subject to increase at any time, and from time to time, after the commencement of the fifth (5th) year of the Lease Term if Landlord in the exercise of its reasonable judgment shall deem same necessary for adequate protection. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to the Commencement Date, Tenant’s insurance coverage shall be governed by the provisions of Exhibit “B”. Notwithstanding the above mentioned commercial general public liability insurance policy limit for Tenant, if Tenant after obtaining Landlord’s 's prior written consent, does or intends to bring, possess, use, store, treat or dispose any Hazardous Material (herein defined) in excess of legally permissible limits in or upon the Premises or Center, Landlord shall have the right, as a condition to such consent, to require Tenant to purchase additional public liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) and to purchase environmental impairment liability insurance with coverage of no less than Five Million and 00/100 Dollars ($5,000,000.00) with a deductible of no greater than Fifty Thousand and 00/100 Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be removed from the Premises and/or the Center, and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.