Common use of Casualty Insurance Clause in Contracts

Casualty Insurance. a. Tenant shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such loss.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall, at all of its machinerytimes during the Term, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in carry as an amount equal to one hundred percent (100%) Operating Expense of the full insurable value thereof on Building a replacement cost basis policy of insurance which insures the Building, including the Premises, against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceand endorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant’s operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 5 hereof or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 10(c) hereof are substantially different from the Tenant Improvements described in Exhibit “D” and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Building, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as Additional Rent after being billed therefore. Tenant agrees that shall, at all times during the Term, carry at its own expense property insurance covering its personal property, trade fixtures installed by or paid for by Tenant, or any additional improvements which Tenant may construct on the Premises, which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.

Casualty Insurance. a. Tenant Borrower shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements the Collateral properly housed and other property under shall keep the care, custody, or control of Tenant Collateral insured against such risks and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature amounts as are nowcustomarily insured against by Persons engaged in businesses similar to that of Borrower with such companies, in such amounts and under policies in such form as shall be reasonably satisfactory to LaSalle. Originals or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality certified copies of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance have been or shall permit releases be delivered to LaSalle within fifteen (15) days after the Closing Date, together with evidence of liability as provided herein and/or waiver payment of subrogation clause as all premiums therefor, and shall contain an endorsement, in form and substance acceptable to LandlordLaSalle, showing loss under such insurance policies payable to LaSalle. Tenant hereby waives Such endorsement, or an independent instrument furnished to LaSalle, shall provide that the insurance company shall give LaSalle at least thirty (30) days written notice before any such policy of insurance is altered or canceled and releases all claimsthat no act, liabilities and causes whether willful or negligent, or default of action against Landlord and its agents, servants and employees for Borrower or any other Person shall affect the right of LaSalle to recover under such policy of insurance in case of loss or damage todamage. Borrower hereby directs all insurers under such policies of insurance to pay all proceeds payable thereunder directly to LaSalle. Borrower irrevocably, makes, constitutes and appoints LaSalle (and all officers, employees or agents designated by LaSalle) as Borrower's true and lawful attorney (and agent-in-fact) for the purpose of making, settling and adjusting claims under such policies of insurance, endorsing the name of Borrower on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and making all determinations and decisions with respect to such policies of insurance, provided, however, that LaSalle shall exercise such rights only upon the occurrence and during the continuance of an Event of Default. The proceeds of any insured loss shall be paid to LaSalle and shall be applied by LaSalle (i) with respect to insurance proceeds from Collateral consisting of Equipment, Fixtures, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other real property, whether that of Tenant or of others in, upon or about to the Premises resulting from fire, explosion or sums owed in connection with the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employeesTerm Loan, and Tenant agrees (ii) with respect to look insurance proceeds from any other Collateral, to sums owed in connection with the Revolving Loans, provided that at any time during which an Event of Default has occurred and is continuing, LaSalle may apply the whole or any part of such proceeds to the insurance coverage only Obligations, in such order of application as determined by LaSalle, unless LaSalle permits the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss use thereof to repair or damage to, replace damaged or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such loss.destroyed Collateral;

Casualty Insurance. a. Tenant Landlord shall keep maintain standard fire and extended coverage insurance on the Project (excluding leasehold improvements) and on all of its machineryBuilding standard leasehold improvements, equipment, furniture, fixtures, leasehold improvements and other property under in the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to not less than one hundred percent (100%) of the their full insurable value thereof on replacement cost. Said insurance shall be issued by and binding upon an insurance company authorized to do business in Texas with a replacement cost basis against loss or damage by fire Best's rating of not less than A-, XI, in amounts which are reasonable and such other risk or risks customary for landlords of a similar or dissimilar nature as are now, or may first-class office projects in the future beGreenway Plaza and Galleria areas, customarily covered under so-called “all risk” and at the expense of Landlord (but with the same to be included in the Operating Expenses, subject to any limitations set forth in Section 2.4) and payments for losses thereunder shall be made solely to Landlord. Tenant shall maintain at its expense standard fire and extended coverage insurance(including water damage and sprinkler leakage) insurance on all of its personal property, includingincluding removable trade fixtures, but without limiting located in the generality Leased Premises and on its non-Building standard leasehold improvements and all other additions and improvements (including fixtures) made by Tenant and not required to be insured by Landlord above, in the amount not less than one hundred percent (100%) of the foregoingtheir full replacement cost. Said insurance shall be issued by and binding upon an insurance company authorized to do business in Texas with a Best's rating of not less than A-, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotionXI, and such other coverage as Tenant may deem appropriate provide that contemporaneous notice of cancellation or necessary. Tenant agrees that such policy or policies of insurance nonrenewal shall permit releases of liability as provided herein and/or waiver of subrogation clause as be given to Landlord. Said insurance shall name Landlord as additional insured. Tenant hereby waives and releases all claimsshall provide Landlord a certificate of such insurance prior to the Commencement Date. If the annual premiums to be paid by Landlord shall exceed the standard rates because of Tenant's operations or contents within the Leased Premises or because the improvements to the Leased Premises are above Building standard, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Tenant shall promptly pay the excess amount of the machinerypremiums upon request by Landlord (and, equipmentif necessary, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage Landlord may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to allocate the insurance coverage only in costs of the event of such lossProject to give effect to this sentence). Landlord hereby waives acknowledges and releases all claimsagrees that Tenant's current operations, liabilities contents and causes improvements within the Leased Premises do not require the payment by Landlord of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage an additional insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losspremium.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant’s Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy Which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, maintain or cause to be maintained All Risk property insurance on (a) the entire Project (excluding leasehold improvements and other the personal property under of tenants) and on the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant Building Standard Improvements (defined in Exhibit I) in an amount equal to one hundred percent (100%) of not less than the full insurable value thereof (on a replacement cost basis against loss basis) thereof above the foundation, and (b) if Tenant furnishes written notice to Landlord thirty (30) days in advance ("Insurance Request") and as to the Leased Premises only, the Leasehold Improvements to the extent the Restored Condition exceeds the Building Standard Improvements. With respect to the insurance described in subsection (b) above, Landlord shall only be obligated to insure those Leasehold Improvements in. excess of the Building Standard Improvements as such Leasehold Improvements are identified on then existing record plans and specifications furnished to Landlord on or damage prior to the date of the Insurance Request. If Tenant shall request that Landlord provide the coverage described in subsection (b) above, Landlord shall provide such coverage by fire purchasing, at Tenant's cost and expense, a separate policy of insurance which Tenant shall approve in writing as to all matters pertaining to such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurancepolicy, including, but without limiting limitation, matters regarding the generality scope of coverage and the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies amount of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, deductibles and Tenant agrees to look to shall reimburse Landlord within ten (10) days after Landlord's request for the insurance coverage only in the event cost of such lossinsurance, which cost shall be solely Tenant's obligation. Landlord hereby waives shall renew such insurance coverages requested by Tenant on the same terms and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of conditions unless otherwise specified in writing by Tenant. Upon the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents or employees, and Landlord agrees to look to a copy of a duly executed certificate of insurance reflecting Landlord's maintenance of the insurance coverage only required under this Section 6.4 and Section 6.5 below shall be delivered to Tenant. Said insurance shall be maintained at the expense of Landlord (which expense is to be included in Operating Expenses, except for the event insurance in clause (b) which shall be paid separately by Tenant as provided above) with a reputable and financially sound insurance company selected by Landlord that is authorized to do business in Texas. All payments for losses thereunder shall be made solely to Landlord, the holder of any mortgage or deed of trust, or any escrow agent as required by the REA. If the annual premiums paid by Landlord for such losscasualty insurance exceed the standard premium rates because of the nature of Tenant's operations, contents or improvements beyond Building Standard Improvements or because the same result in extra hazardous exposure, then Tenant shall upon receipt of copies of appropriate premium invoices promptly reimburse Landlord for such increases in such premiums.

Casualty Insurance. a. Tenant (a) If the Premises or any common areas of the Property providing access thereto shall keep all be damaged by fire or other casualty, and except as otherwise provided in this Article 10, Landlord shall restore the same to the Base Building improvements, but in no event shall Landlord be obligated to expend any sums in excess of its machineryinsurance proceeds available to Landlord or which should have been available if Landlord was adequately insured pursuant to Article 11 (e) of this Lease. Such restoration shall be to substantially the condition prior to the casualty, except for modifications required by zoning and building codes and other Laws or by any Mortgagee or Ground Lessor, any other modifications to the common areas deemed reasonably desirable by Landlord and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment, furnitureor any alterations or improvements, fixtures, leasehold improvements and other property under the care, custody, additions or control of Tenant and business interests which may be located in, upon, alterations made by or about the Premises insured for the benefit on behalf of Tenant in an amount equal the Premises, including improvements performed by Tenant or Landlord pursuant to one hundred percent the Workletter, if any. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof. However, Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof (100%unless Tenant or its employees or agents caused the damage). Notwithstanding anything contained in this Article 10 to the contrary, Landlord may elect to terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of damage (such termination notice to include a termination date providing at least ninety (90) days for Tenant to vacate the Premises), if the Property shall be materially damaged by Tenant or its employees or agents, or if the Property shall be damaged by fire or other casualty or cause such that: (i) repairs to the Premises and access thereto or to the Building cannot reasonably be completed within 120 days after the casualty without the payment of overtime or other premiums, (ii) more than 25% of the full insurable value thereof on a replacement cost basis against loss or damage Premises is affected by fire the damage, and such other risk or risks of a similar or dissimilar nature as are nowfewer than 24 months remain in the Term, or may in any material damage occurs to the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting Premises during the generality last 12 months of the foregoingTerm, windstorms(iii) any Mortgagee or Ground Lessor shall require that the insurance proceeds or any portion thereof be used to retire the Mortgage debt (or shall terminate the Ground Lease, hailas the case may be), explosionsor the damage is not fully covered by Landlord's insurance policies, vandalismor (iv) the cost of the repairs, theftalterations, malicious mischiefrestoration or improvement work would exceed 25% of the replacement value of the Building, civil commotion, and or the nature of such other coverage as Tenant may deem appropriate or work would make termination of this Lease necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as Landlord's obligation to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employeesrestore, and Tenant agrees to look to the insurance coverage only abatement of Rent provided herein, shall be Tenant's sole recourse in the event of such loss. Landlord hereby damage, and waives and releases all claims, liabilities and causes any other rights Tenant may have under any applicable Law to terminate the Lease by reason of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of to the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in Property. In the event of termination of this Lease pursuant to this Article 10, Rent shall be apportioned on a per diem basis and be paid to the date of termination. Tenant acknowledges that this Article represents the entire agreement between the parties respecting damage to the Premises or Property. In the event of damage to the Premises or to the Building which Landlord is obligated to or elects to repair pursuant to this Article, if Landlord shall not have commenced such lossrepairs within one hundred eighty (180) days of the date of the casualty or, once commenced, Landlord fails to restore the Premises (to a state whereby Tenant can commence its work) within twelve (12) months, Tenant may elect to terminate this Lease upon thirty (30) days prior written notice to Landlord.

Casualty Insurance. a. During the term of this Lease, Tenant shall keep purchase and maintain, at Tenant's sole cost and expense, property damage insurance, written on an "all risk" of its machineryphysical loss or damage basis, equipment, furniture, fixtures, leasehold improvements to cover all loss or damage to or destruction of any portion of the Leased Premises and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant Personal Property (defined in Section 4.04) in an amount equal to one hundred of not less than eighty percent (10080%) of the full insurable value thereof cost to replace the Buildings and other structures located on a replacement cost basis the Leased Premises (including all Personal Property necessary to maintain Tenant's business operations on the Leased Premises but excluding foundations). Such amounts shall meet any co-insurance clause of Tenant's policies. Landlord and Tenant each hereby waives its respective right of recovery against loss the other and each releases the other from any claim arising out of loss, damage or damage by fire and such other risk destruction to any improvements located in or risks of a similar or dissimilar nature as are now, or may on the Leased Premises (in the future becase of Tenant) and to any improvements located in or on the IBM Property (in the case of Landlord), customarily covered under so-called “including all risk” fire Personal Property on either property, to the extent such party actually receives full and extended coverage insurancecomplete payment or reimbursement (excepting deductible amounts) for any such loss, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of under an insurance policy required to be carried hereunder but notwithstanding the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding fact that such loss, claim, expense damage or damage destruction may have been caused by be attributable to the negligence of either party or Landlord's Agents (but defined in Article 7) or Tenant's Agents (defined in Section 2.04). Each casualty insurance policy shall include a waiver of the insurer's rights of subrogation against the party hereto who is not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to an insured under said policy. Each party shall look first to the proceeds of its respective casualty insurance coverage only in policy (and to its own funds to the event of extent it is self-insured) to compensate it for any such loss, damage or destruction. Landlord hereby waives This waiver and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a release applies to any self-insured (deductible) portion of the Premises resulting from fireloss, explosion damage or other perils included in standard extended destruction, and such waiver and release is fully effective and enforceable notwithstanding the fact that Tenant or Landlord failed to purchase and maintain insurance coverage insurance notwithstanding that required herein which may have reimbursed it for such loss, claim, expense damage or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such lossdestruction.

Casualty Insurance. a. Tenant 14.a Lessor shall keep at all times during the term of this Lease, at its machineryexpense, equipment, furniture, fixtures, leasehold improvements and other property under maintain a policy or policies of insurance with premiums paid in advance issued by an insurance company licensed to do business in the care, custody, or control State of Tenant and business interests which may be located in, upon, or about Minnesota insuring the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Building against loss or damage by fire fire, explosion or other insurance hazards and such other risk contingencies for the full replacement value, provided that Lessor shall not be obligated to insure any furniture, equipment, machinery, goods or risks supplies not covered by this Lease which Lessee may bring upon the Demised Premises or any additional improvements which Lessee may construct or install on the Demised Premises. b. Lessee shall not carry any stock of a similar goods or dissimilar nature as are nowdo anything in or about the Demised Premises which will in any way impair or invalidate the obligation of the insurer under any policy of insurance required by this Lease. x. Xxxxxx hereby waives and releases all claims, liability and causes of action against Lessee and its agents, servants and employees for loss or damage to, or may destruction of, the Premises or any portion thereof, including the buildings and other improvements situated thereon, resulting from fire, explosion and other perils included in the future be, customarily covered under so-called “all risk” fire and standard extended coverage insurance, includingwhether caused by the negligence of any of said persons or otherwise. Likewise, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant Lessee hereby waives and releases all claims, liabilities and causes of action against Landlord Lessor and its agents, servants and employees for loss or damage to, or destruction of, any of the machineryimprovements, fixtures, equipment, furnituresupplies, fixtures, leasehold improvements merchandise and other property, whether that of Tenant Lessee or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such lossinsurance, claim, expense or damage may have been whether caused by the negligence (but of any of said persons or otherwise. The waiver shall remain in force whether or not gross negligence or willful acts) the Lessee's insurer shall consent thereto. d. In the event that the use of Landlordthe Demised Premises by Lessee increases the premium rate for insurance carried by Lessor on the improvements of which the Demised Premises are a part, its agents or employeesLessee shall pay Lessor, and Tenant agrees to look upon demand, the amount of such premium increase. If Lessee installs any electrical equipment that overloads the power lines to the insurance coverage only in building or its wiring, Lessee shall, at its own expense, make whatever changes are necessary to comply with the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion requirements of the Premises resulting from fireinsurance underwriter, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, rating bureau and Landlord agrees to look to the insurance coverage only in the event of such lossgovernmental authorities having jurisdiction.

Casualty Insurance. a. Tenant shall Ground Lessee will keep the Premises, and all Improvements thereon, insured in the name of its machineryGround Lessor and Ground Lessee (as their interests may appear with each as a named insured, equipmentadditional insured or loss payee, furnitureas applicable, fixtures, leasehold improvements and other property under to provide each with the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%best position) of the full insurable value thereof on a replacement cost basis against loss or damage by fire fire, windstorm and such other risk or risks of a similar or dissimilar nature hazards, casualties and contingencies which are covered by what is commonly referred to as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage or “Causes of Loss Special Form” insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage contingencies, “additional coverage” and types of casualty as Tenant Ground Lessor or its lender may deem appropriate or necessaryrequire. Tenant agrees that such policy or policies of Unless otherwise specified by Ground Lessor, all insurance required hereunder shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees be for loss or damage to, or destruction of, any 100% of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion full replacement cost of the Premises resulting from firewith a deductible amount not to exceed $50,000.00. Each policy of casualty insurance shall (a) provide that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Ground Lessee which might otherwise result in forfeiture of said insurance, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused (c) contain a waiver by the negligence insurer of all rights of setoff, counterclaim or deduction against Ground Lessor, (but not gross negligence or willful actsd) of Tenant, its agents or employeesinclude an agreed amount endorsement and a replacement cost endorsement, and Landlord agrees (e) include a broad form boiler and machinery endorsement if any fired pressure vessels or piping or machinery of 10 or more horsepower is located on the Land. The insurance required to look be carried by Ground Lessee under this Section shall be evidenced by a certificate of insurance (issued on XXXXX 28 or equivalent form) from Ground Lessee’s insurer, authorized agent or broker. Upon request, Ground Lessee shall name the holder of any mortgage on the Premises pursuant to a standard mortgagee, additional insured or loss payee clause as such holder shall elect with respect to the foregoing property insurance, provided such holder agrees with Ground Lessee in writing to disburse such insurance coverage only proceeds to Tenant for, and periodically during the course of, repair and restoration of the Improvements as set forth in this Lease. Any such insurance proceeds not required for the event repair and restoration of such lossthe Premises shall belong to Ground Lessor.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant’s Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under a blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. At all times during the term hereof, Tenant shall keep maintain in effect policies of casualty insurance covering (i) all of its machineryimprovements in, equipmenton or to the Premises (including any Building Standard furnishings, furnitureand any alterations, additions or improvements as may be made by Tenant), and (ii) trade fixtures, leasehold improvements merchandise and other personal property under the care, custody, or control of Tenant and business interests which may be located from time to time in, upon, on or about upon the Premises insured for the benefit of Tenant Premises. Such policies shall include coverage in an amount equal to not less than one hundred percent (100%) of the full insurable value thereof on a actual replacement cost basis thereof from time to time during the term of this Lease. Such policies shall provide protection against loss or damage by fire any peril included within the classification "Fire and such other risk or risks of a similar or dissimilar nature as are nowExtended Coverage", or may in the future be, customarily covered under so-called “all risk” fire against vandalism and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalismmalicious mischief, theft, malicious mischiefsprinkler leakage, civil commotionearthquake sprinkler leakage, and against flood damage (and including cost of demolition and debris removal). Replacement cost for purposes hereof shall be determined by an accredited appraiser selected by Landlord or otherwise by mutual agreement. The proceeds of such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases be used for the repair or replacement of liability the property so insured. Upon termination of this Lease following a casualty as provided herein and/or waiver of subrogation clause as set forth in Article 18, the proceeds under item (ii), above, shall be paid to LandlordTenant. Tenant hereby waives and releases all claimsAdditionally, liabilities and causes of action against upon such termination, the proceeds under item (i), above, shall be divided between Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Tenant based upon their proportionate contributions to the cost of the machineryinitial improvements to the Premises, equipment, furniture, fixtures, leasehold improvements and other property, whether provided that of Tenant or of others in, upon or about (a) in no event shall Landlord be paid less than the Premises resulting from fire, explosion or unamortized amount (based on a straight-line amortization over the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful actsinitial Term) of Landlord, its agents or employees's initial contribution to such improvements, and (b) in no event shall Tenant agrees to look to be paid more than the insurance coverage only in unamortized amount (based on a straight-line amortization over the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful actsinitial Term) of Tenant's initial contribution to such improvements. If Tenant fails to deliver to Landlord, its agents or employeeswithin sixty (60) days after the substantial completion of such initial improvements, and evidence reasonably satisfactory to Landlord agrees to look of Tenant's contribution to the insurance coverage only in the event cost thereof, Tenant shall have no right to receive any amount of such lossproceeds. 17.3.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant's Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant's operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy Which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, upon, or about insuring the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Building against loss or damage by fire or other insurable hazards and such other risk or risks of a similar or dissimilar nature contingencies as are now, or may covered in a standard “all risks” property insurance policy for the full replacement cost thereof (including the Tenant Improvements in the future beLeased Premises and excluding footings, customarily covered under so-called “all risk” fire foundations and extended underground installations), subject to such deductibles as Landlord or its mortgagee shall from time to time require; provided, that Landlord shall not be obligated to insure any Tenant’s Property that Tenant may keep or maintain in the Leased Premises. The replacement cost insurance policy for the Tenant Improvements in the Leased Premises shall be based on coverage insurance, including, but without limiting the generality amounts of which Tenant from time to time notifies Landlord (with such supporting information as may be reasonably requested by Landlord’s insurer to support such coverage amounts) as Tenant’s estimate of the foregoingreplacement cost thereof (or such higher amounts as Landlord may from time to time estimate for the replacement cost of the Tenant Improvements), windstormsit being understood that the actual insurance proceeds for an insured claim shall be based on the replacement cost of the damaged Tenant Improvements in accordance with the terms and conditions of such replacement cost insurance policy. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate operations results in extra-hazardous exposure or necessary. Tenant agrees that such policy or policies because the level of insurance shall permit releases of liability as for Tenant Improvements hereunder exceeds the level generally provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against by Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only tenants’ premises in the event Building, then Tenant shall, within thirty (30) days after receipt of appropriate premium invoices, reimburse Landlord for such lossincreases in premium as Additional Rent. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) Upon request of Tenant, its agents or employees, and Landlord agrees to look to shall provide reasonable evidence that the insurance coverage only required to be maintained hereunder is in the event of such lossfull force and effect.

Casualty Insurance. a. Tenant shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for For the benefit of Tenant the landlord and any mortgagee, tenant shall, at its sole expense, keep all improvements on the premises insured, with a responsible insurance company or companies “A-VII” rated or better by A.M. Best rating agency duly admitted to do business in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Kentucky, against loss or damage by fire and such other risk or risks hazards and risks, casualties, and contingencies whether of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurancenature, including, but without limiting limitation, extended coverage hazards, earthquake, and boiler explosions or contraction, as shall be customarily covered with respect to improvements similar in construction, general location, use, and occupancy to the generality improvements for the uses permitted by section V(A) of this lease, in an amount equal to not less than 100% of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessaryreplacement cost of the improvements located upon the premises. Tenant agrees that such policy or shall make available to landlord via online portal copies of any policies of insurance (including, without limitation, evidence of insurance certificates) required of tenant under section XI(A) and article XXII. All policies of insurance provided for in section XI(A) and article XXII shall permit releases include landlord as an additional insured via a blanket additional insured endorsement. The terms and conditions set forth in sections XXII (C) through (G) of liability this lease are incorporated by reference in this section XI(A). (B) Damage to improvements on premises If the premises is partially damaged or destroyed by fire, explosion, or any other casualty, tenant shall diligently commence and continue, at the sole expense of tenant, repairs to the premises required to be covered by tenant's insurance hereunder and regardless of whether tenant has maintained such insurance in effect, and tenant, at its sole expense, shall thereafter diligently continue its repair obligations to completion, until the premises has been restored to substantially the same condition as existed before such damage. The proceeds of any insurance provided herein for in section XI(A) shall be applied to the cost of such repair and/or waiver of subrogation clause reconstruction, and tenant shall complete such repair or reconstruction obligations as to Landlordpromptly as practicable. Tenant hereby waives and releases all claims, liabilities and causes shall have the right to carry business interruption or other similar insurance. There shall be no abatement of action against Landlord and its agents, servants and employees for loss or rent on account of such partial damage to, or destruction of, any or during such period of repair or reconstruction and this lease shall continue in full force and effect. If the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that above-referenced repairs as reasonably estimated by landlord cannot be completed within one hundred eighty (180) days after the occurrence of Tenant such casualty or of others in, upon if the premises is substantially damaged or about the Premises resulting from destroyed by fire, explosion or any other casualty, such that the other perils included in standard extended coverage insurance notwithstanding that such losspremises is rendered wholly untenantable during the last year of the term, claim, expense or damage tenant may have been caused by the negligence terminate this lease upon thirty (but not gross negligence or willful acts30) of Landlord, its agents or employeesdays prior written notice to landlord, and Tenant agrees to look neither party shall have any further obligations or liabilities to the other, except for those obligations or liabilities which survive the expiration or earlier termination of this lease. Provided however, in such event, all casualty insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look proceeds with respect to the insurance coverage only in premises shall go to landlord and/or landlord’s mortgagee fee and clear of any claim by tenant (exclusive of any proceeds used by tenant for removal of debris from the event of such losssite).

Casualty Insurance. a. Tenant During the Lease Term, Landlord shall keep all maintain policies of its machineryinsurance covering loss of or damage to the Demised Premises in such amount or percentage of replacement value as Landlord deems reasonable in relation to the age, equipmentlocation, furniture, fixtures, leasehold improvements type of construction and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) physical condition of the full insurable value thereof on a replacement cost basis Demised Premises and the availability of such insurance at reasonable rates. Such policies shall provide protection against loss or damage by fire and such other risk or risks all perils included within the classification of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insuranceand any other perils which Landlord deems necessary. Landlord may obtain insurance coverage for Tenant's fixtures, includingequipment or building improvements installed by Tenant in or on the Demised Premises. Tenant shall at Tenant's expense, but without limiting the generality of the foregoingmaintain such primary or additional insurance on its fixtures, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, equipment and such other coverage building improvements as Tenant may deem appropriate or necessarydeems necessary to protect its interest. Tenant agrees that shall not do or permit to be done anything which invalidates any such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlordpolicies. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other propertyDemised Premises, whether that of Tenant such damage or of others ininjury is caused by or results from: (a) fire, upon steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects or pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising on or about the Demised Premises resulting or upon other portions of any building of which the Demised Premises is a part, or from fire, explosion other sources or places; or (d) any act or omission of any other tenant of any building of which the Demised Premises is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the other perils included in standard extended coverage insurance notwithstanding that means of repairing such lossdamage or injury are not accessible to Tenant. The provisions of this Section 6.08 shall not, claimhowever, expense or damage may have been caused by the negligence (but not exempt Landlord from liability for Landlord's gross negligence or willful acts) of Landlordmisconduct. ARTICLE SEVEN: PROPERTY CONDITION, its agents or employeesMAINTENANCE, and Tenant agrees to look to the insurance coverage only in the event of such lossREPAIRS AND ALTERATIONS 7.01. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such lossProperty Conditions. Intentionally omitted.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall at all times during the Term carry, as an Operating Expense of its machinerylire Building, equipmenta policy of insurance which insures the Building, furnitureincluding the Premises, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceendorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant's operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 6(a) hereof, if any, or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 11(c) hereof are substantially different from the Tenant Improvements described in Exhibit "B" and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Building, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as additional rent after being billed therefore. Tenant agrees that shall at all times during the Term, carry, at its own expense, property insurance covering its personal property, trade fixtures Installed by or paid for by Tenant or any additional improvements which Tenant may construct on the Premises which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall at all of its machinerytimes during the Term carry, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in as an amount equal to one hundred percent (100%) Operating Expense of the full insurable value thereof on Project, a replacement cost basis policy of insurance which insures the Project, including the Premises, against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceendorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant’s operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 5(a) hereof or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 11(c) hereof are substantially different from the Tenant Improvements described in Exhibit ”C” and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Project, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as additional rent after being billed therefore. Tenant agrees that shall at all times during the Term, carry, at its own expense, property insurance covering its personal property, trade fixtures installed by or paid for by Tenant or any additional improvements which Tenant may construct on the Premises which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.