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 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 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 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 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 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.

By Tenant. Xxxxxx A. 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 Groupthe Ground Lessor, Inc.the Agency, and the property management company as City of San Jose xx additional named insureds with terms and companies satisfactory to Landlord, on an Occurrence form with a limit for limits of not less than Five Million Dollars ($1,000,000.00 for any one (15,000,000.00) occurrence. Tenant shall also carry Umbrella or Excess insurance in an amount of not less than $2,000,000.00per occurrence combined single limit. Tenant’s 's insurance will include contractual liability coverage recognizing this Lease, products and and/or 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 Landlordincluded in standard Fire and Extended Coverage insurance, 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 for the Premises (including store fronts), in amounts not less than the actual replacement costfull insurable value, 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. Subject to Section 15.3 below, 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 protection15.6 hereof. Within thirty (30) days after demand therefor therefore by Landlord, Tenant shall furnish Landlord with evidence that it has complied with such demand. Prior to . B. If Tenant uses, stores, handles, processes or disposes of hazardous materials, then Tenant shall maintain in full force and effect through the Commencement DateTerm of this Lease and or any renewal thereof, 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 limits of no not less than Five Million $1,000,000, providing coverage for bodily injury, property damage or injury or damage of actual, alleged or threatened emission, hazardous materials, discharge, dispersal, seepage, release or escape of including any loss, cost or expense incurred as a result of any cleanup of hazardous materials or in the investigation, settlement or defense of any claim, suit, or proceedings against the property owner or management company arising from the Tenant's use, storage, handling, processing or disposal of hazardous materials. C. Before any alterations, additions, improvements or construction may be undertaken by or on behalf of Tenant, Tenant shall require any contractor performing work on the Premises to obtain, carry and 00/100 maintain, at no expense to Landlord: (i) worker's compensation insurance and employer's liability as required by the jurisdiction in which the Complex is located; (ii) builder's risk insurance with a deductible no greater than Ten Thousand Dollars ($5,000,000.0010,000), in the amount of the full replacement cost of the Tenant's Work and (iii) with Commercial General Liability Insurance providing on an occurrence basis a deductible minimum combined single limit of no greater than Fifty Thousand and 00/100 One Million Dollars ($50,000.001,000,000) per occurrence (and Two Million Dollars ($2,000,000) general aggregate, if applicable). If the contractor fails or is unable to insure that anything contaminated with or by acquire the Hazardous Material be removed from the Premises and/or the Centerabove-mentioned insurance, Tenant shall provide such insurance (except worker's compensation insurance and that the Premises and/or the Center be restored to a clean, neat, attractive, healthy, sanitary employer's liability) at its sole cost and non-contaminated conditionexpense.

By Tenant. Xxxxxx agrees to (a) Tenant shall carry commercial general liability the following insurance on the Premises during the Lease Term, covering which amounts may be increased at any time during the Lease Term after sixty (60) days prior notice to Tenant, if and to the extent Applicable Law requires such increases: (i) Worker's Compensation and Employer's Liability Insurance ("Worker's Insurance") in compliance with Applicable Law. (ii) Commercial general liability insurance (including contractual liability coverage) against claims for bodily injury, death or property damage by Tenant and naming with respect to the LandlordPremises ("Liability Insurance"), Simon Property Group, Inc., and the property management company as additional insureds with terms and companies satisfactory such insurance to Landlord, on an Occurrence form with a limit afford minimum protection of not less than (x) $3,000,000 in respect of bodily injury or death in respect of any one occurrence, and (y) $500,000 for property damage for any one occurrence. In the event that alcoholic beverages are served at the Premises, the commercial general liability insurance shall include Liquor Liability or a Separate Liquor Liability Policy (the "Liquor Liability Policy") - Bodily injury and property damage $1,000,000.00 for any one (1) occurrenceeach occurrence and $1,000,000 aggregate. Tenant shall also carry Umbrella or Excess insurance in an amount At the election of not less than $2,000,000.00. Tenant’s insurance will include contractual liability coverage recognizing this Lease, products the Liquor Liability Policy may be provided by Tenant's food and completed operations liability. Tenant shall provide notice to Landlord immediately upon receipt beverage concessionaire instead of any notice received directly by Tenant from its insurance carrier advising of non-renewal or cancellation Tenant, provided that all of the policies required under other provisions of this Lease. Tenant also agrees to carry Lease concerning such Liquor Liability Policy are complied with. (iii) Property insurance against loss or damage by fire and such other risks as are from time to time required by Landlord, including, but not limited to, covered under a standard “All "All-Risk” " policy of property insurance protecting against to include the Tenant's Work (and all risk of physical loss or damage, including without limitation, sprinkler leakage coverage replacements and/or modifications thereto) and plate glass insurance covering all plate glass Tenant's property located in the Premises (including store frontswith commercially reasonable deductibles) for the full replacement value of such improvements and property, without any deduction being made for depreciation, or such greater amount as shall be necessary so as to preclude Tenant from being treated as a co-insurer with respect to any covered loss (Casualty Insurance), in amounts not less than . (b) During any period of construction (commencing with the actual replacement cost, covering all performance of Tenant’s merchandise, trade fixtures, furnishing, wall covering, floor covering, carpeting, drapes, equipment and all items of personal property of 's Work) Tenant located on or within the Premises. Upon the Commencement Date and annually thereafter, Tenant shall provide Landlord with certificates orshall, at Landlord’s requestits own cost and expense, copies of the policiesmaintain, evidencing that such insurance is or cause to be maintained, in full force and effect effect, until completion of construction, a policies of builders' risk insurance insuring (on a non reporting and stating completed value basis) 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 rightimprovements, 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 the same are constructed ($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 conditionConstruction Period Insurance).

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., 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 covenants and agrees to carry commercial general liability insurance on that from and after the Premises Delivery Date, and 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 Term 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 Tenant will carry and completed operations liability. maintain, at its sole cost and expense, the following types of insurance, naming as insureds Tenant, Landlord, Landlord’s lenders (to the extent Landlord notifies 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 identities of such lenders in writing) and such other risks parties with an insurable interest as are from time to time required designated 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 amount specified and in the form hereinafter provided for with insurance companies authorized to do business in the state in which the Premises (including store fronts), is located and rated A-/VIII or better in amounts not less than the actual replacement cost, covering all most current edition of TenantBest’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, Insurance Report. A. Tenant shall provide Landlord with certificates or, at Landlord’s request, copies of the policies, evidencing that such insurance is keep 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 insurance, which shall include broad form property damage liability coverage, extended bodily injury coverage, advertising injury liability coverage, contractual liability coverage and independent contractors coverage, in the amount not less than two million dollars ($2,000,000.00), adjusted annually for inflation, written on a combined single limit per occurrence basis for property damage, personal injury and bodily injury or death of one or more persons. B. If Tenant sells, serves or furnishes alcoholic beverages in the ordinary course of its business at the Premises, then Tenant shall maintain and keep in full force and effect throughout the Term of this Lease, Liquor Liability Insurance in an amount not less than $1,000,000 written on a combined single limit per occurrence basis. C. Tenant shall at all times during the Term hereof maintain in full force and effect a policy(s) of all risk insurance shall in no way limit including coverage for sprinkler damage, vandalism and malicious mischief, covering all Tenant personal property, including alterations, improvements and betterments to the Premises now existing or diminish Tenant’s liability under Section 11.6 hereof and shall to be subject added, to increase at any time, and the extent of their full replacement costs as updated from time to timetime during the Term of this Lease. Tenant shall maintain a policy covering such items of personal property that were purchased by Tenant with funds from the Construction Allowance (the “Allowance Policy”), after and a separate policy covering all such other items of personal property (the commencement “Non-Allowance Policy”). Landlord shall be the named loss payee under the Allowance Policy, and Tenant shall be the named loss payee under the Non-Allowance Policy. D. Tenant may maintain any of its required insurance coverages under blanket policies of insurance covering said Premises and any other premises of Tenant, or companies affiliated with Tenant, provided that the coverage afforded will not be reduced or diminished by reason of the fifth (5th) year use 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 conditionblanket policy.