Common use of Fire and Casualty Insurance Clause in Contracts

Fire and Casualty Insurance. Landlord at all times during the term of this Lease, shall cause all buildings and other improvements excluding Tenant's trade fixtures; personal and other property, located within the Development to be insured against loss or damage by fire, lightning earthquake, wind and such other risks as are from time to time included in extended coverage endorsements in the State of Kansas, in an amount and form so that the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them the total of the minimum annual rent and other Rent hereunder calculated for a one (1) year period. In addition to and not in lieu of any other Rent due hereunder, Tenant shall pay to Landlord as additional rent within thirty (30) days after Tenant's receipt from Landlord of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurer, then Tenant shall have the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, Tenant shall pay to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as insurance proceeds are held and disbursed hereunder. Tenant may, at any time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses for the Premises. In the event of a Recapture from and after the effective date of such event, Tenant shall only be responsible for payment of Tenant' s pro rata share of the insurance costs. Tenant's pro rata share shall be determined by dividing the leaseable Floor Area of the Premises retained by Tenant by the leaseable Floor Area constructed on the Development. Should the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjusted.

Fire and Casualty Insurance. Landlord at all times during It shall be the term responsibility of this Leasethe Tenant to insure his equipment, shall cause all buildings furniture, fixtures and other personal property. Tenant shall insure and keep insured his leasehold improvements excluding against the perils of fire, lightning, the "Extended Coverage's", vandalism and malicious mischief in an amount sufficient to provide recovery of not less than ninety percent (90%) of the replacement value of the Tenant's trade fixtures; personal leasehold improvements, such insurance shall be made payable to Landlord and other propertyMortgagee (if any) as their interests may appear. Tenant shall be responsible for any damage to Premises as a result of forced entry, located within into his space or burglary thereof. Such insurance provided for hereunder shall be in a company or companies acceptable to Landlord and shall be procured and paid for by Tenant and said policy or policies will be delivered to Landlord. Such insurance may, at Tenant's election, be carried under any General Blanket Insurance Policy of Tenant: provided. however, that a satisfactory Certificate of Insurance, together with proof of payment of the Development premium shall be deposited with Landlord. Upon Landlord's written request, Tenant agrees to be insured against re-invest all insurance proceeds received from the loss or damage by fireor destruction of said leasehold improvements to rebuild said improvements in a manner satisfactory to Landlord, lightning earthquake, wind and such other risks as are from time regardless of whether or not Tenant elects to time included in extended coverage endorsements in the State of Kansas, in an amount and form so that the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of terminate this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them the total of the minimum annual rent and other Rent hereunder calculated for a one (1) year period. In addition to and not in lieu of any other Rent due hereunder, Tenant shall pay to Landlord as additional rent within thirty (30) days after Tenant's receipt from Landlord of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurer, then Tenant shall have the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, Tenant shall pay to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as insurance proceeds are held and disbursed hereunder. Tenant may, at any time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses for the Premisesprovided. In the event of a Recapture from Tenant elects to terminate this Lease as provided in Paragraph 16, and after the effective date of such eventproviding said leasehold improvements are not rebuilt, Tenant does hereby assume all of his right, title and interest in the insurance proceeds covering leasehold improvements to Landlord. Landlord shall only be responsible for payment insure the Premises (as a Basic Cost) exclusive of Tenant' s pro rata share 's leasehold improvements against the perils of fire, lightning, the insurance costs. Tenant's pro rata share shall be determined by dividing the leaseable Floor Area "Extended Coverage's", vandalism and malicious mischief in an amount sufficient to provide recovery of the Premises retained by Tenant by the leaseable Floor Area constructed on the Development. Should the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjustednot less than ninety percent (90%) of replacement value.

Fire and Casualty Insurance. Landlord Tenant agrees to maintain at all times during from and after the Commencement Date through the expiration of the term of this Lease, shall cause all buildings hereof standard fire and other improvements excluding Tenant's trade fixtures; personal and other property, located within the Development to be insured against loss or damage by fire, lightning earthquake, wind and such other risks as are from time to time included in extended coverage endorsements in insurance covering the State of Kansas, in an amount and form so that the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within on the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them less - 28 - 29 than the total full "replacement cost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils covered by fire and extended coverage insurance policies, and against vandalism, malicious mischief, flood and special extended perils (i.e., "all risks" as such term is used in the insurance industry), such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the State of Texas for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. Subject to the provisions of paragraph 12 below, such insurance shall be for the sole benefit of Landlord and/or any Lien Holder (as defined below) and under Landlord's sole control. Certified copies of such policies, together with receipts evidencing payment of premiums therefor, shall be delivered to Landlord prior to the Commencement Date. If Tenant fails to deliver such policies or certificates on or before the Commencement Date, Landlord shall have no duty to deliver possession of the minimum annual rent and Premises to Tenant until such policies or certificates are provided, but such failure by Tenant shall not delay the Commencement Date or have any effect on Tenant's other Rent hereunder calculated for a one obligations hereunder, including, without limitation, the obligation to pay Rent. Not less than fifteen (115) year period. In addition days prior to and not in lieu the expiration date of any other Rent due hereundersuch policies, Tenant certified copies of the renewals thereof (bearing notations evidencing the payment of renewal premiums) shall pay be delivered to Landlord as additional rent within Landlord. Such policies shall further provide that not less than thirty (30) days after Tenant's receipt from written notice shall be given to Landlord before such policy may be canceled or changed to reduce insurance provided thereby. If Tenant fails to obtain or maintain such policy of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurerinsurance, then Tenant shall in addition to any other remedy Landlord may have for such default, Landlord may obtain the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current required insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, Tenant shall pay to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as insurance proceeds are held and disbursed hereunder. Tenant may, at any time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses reimburse Landlord, on demand, for the Premises. In cost associated therewith, together with interest on the event amount paid by Landlord at the rate of a Recapture ten percent (10%) per annum from and after the effective date of such event, Tenant shall only payment by Landlord until payment by Tenant. Any payment to be responsible for payment of Tenant' s pro rata share of made pursuant to this subparagraph A with respect to the insurance costs. Tenant's pro rata share calendar year in which this Lease terminates shall be determined by dividing the leaseable Floor Area of the Premises retained prorated. Such policy or policies shall be procured by Tenant by the leaseable Floor Area constructed on the Development. Should the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjustedfrom reputable insurance companies satisfactory to Landlord.

Fire and Casualty Insurance. Landlord Tenant, at all times its sole cost and expense, shall keep the Improvements insured for the mutual benefit of Landlord, Tenant and Landlord's Mortgagee during the term of this Lease, shall cause all buildings and other improvements excluding Tenant's trade fixtures; personal and other property, located within the Development to be insured against loss or damage by fire or other physical damage to the Improvements, including but not limited to fire, lightning earthquakelightning, wind vandalism, malicious mischief, flood, boiler and machinery and sprinkler leakage damages and against loss or damage by other risks now or hereafter embraced by the form of "Extended Coverage" (or similar) endorsement available in the State where the applicable Property is located and customarily obtained in connection with insurance policies of the type herein described and, subject to the last sentence of this Section 5.2, against such other risks as are commonly insured by operators of similar Improvements, in an amount not less than 100% of their then full insurable value. For the purposes hereof, "full insurable value" shall mean the actual replacement costs of all Improvements on said Property. Such full insurable value shall be determined from time to time included in extended coverage endorsements in (but not less frequently than once every two years) at the State request of KansasLandlord by an appraiser, in an amount engineer, architect or contractor or qualified insurance company representative, designated by Tenant and form so that the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them the total of the minimum annual rent and other Rent hereunder calculated for a one (1) year period. In addition to and not in lieu of any other Rent due hereunder, Tenant shall pay to Landlord as additional rent within thirty (30) days after Tenant's receipt from Landlord of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained reasonably approved by Landlord (provided, that periodic re-determinations of the full insurable value will not be required if the applicable policy(s) contains an agreed amount endorsement reasonably determined by acceptable to Landlord), and (iv) at a lower cost, as evidenced in writing paid for by Tenant's insurer, then Tenant shall have the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, failure to request a determination or redetermination of full insurable value shall not relieve Tenant shall pay of its obligation to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as insurance proceeds are held and disbursed hereunder. Tenant may, at any time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses for the Premises. In the event of a Recapture from and after the effective date of such event, Tenant shall only be responsible for payment of Tenant' s pro rata share of maintain the insurance costsrequired by the terms hereof. Tenant's pro rata share additional coverages or insurance against other insurable risks hereunder shall be determined by dividing the leaseable Floor Area of the Premises retained at a minimum that which Tenant typically maintains on retail developments owned or operated by Tenant under the insurance program then generally maintained by the leaseable Floor Area constructed FMI on the Development. Should the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjustedall its and its affiliates' properties.

Fire and Casualty Insurance. Landlord Tenant agrees to maintain at all times during from and after the Commencement Date through the expiration of the term of this Lease, shall cause all buildings hereof standard fire and other improvements excluding Tenant's trade fixtures; personal and other property, located within the Development to be insured against loss or damage by fire, lightning earthquake, wind and such other risks as are from time to time included in extended coverage endorsements in insurance covering the State of Kansas, in an amount and form so that improvements on the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage premises in an amount not more them less than the total full "replacement cost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils covered by fire and extended coverage insurance policies, and against vandalism, malicious mischief, flood and special extended perils (i.e., "all risks" as such term is used in the insurance industry), such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the State of Texas for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. Subject to the provisions of paragraph 12 below, such insurance shall be for the sole benefit of Landlord and under Landlord's sole control. Copies of such policies, or certificates of insurance, together with receipts evidencing payment of premiums therefor, shall be delivered to Landlord prior to the Commencement Date. If Tenant fails to deliver such policies or certificates on or before the Commencement Date, Landlord shall have no duty to deliver possession of the minimum annual rent and Premises to Tenant until such policies or certificates are provided, but such failure by Tenant shall not delay the Commencement Date or have any effect on Tenant's other Rent hereunder calculated for a one obligations hereunder, including, without limitation, the obligation to pay Rent. Not less than fifteen (115) year period. In addition days prior to and not in lieu the expiration date of any other Rent due hereundersuch policies, Tenant copies of the renewals thereof (bearing notations evidencing the payment of renewal premiums) shall pay be delivered to Landlord as additional rent within Landlord. Such policies shall further provide that not less than thirty (30) days after Tenant's receipt from written notice shall be given to Landlord before such policy may be canceled or changed to reduce insurance provided thereby. If Tenant fails to obtain or maintain such policy of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurerinsurance, then Tenant shall in addition to any other remedy Landlord may have for such default, Landlord may obtain the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current required insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, Tenant shall pay to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as insurance proceeds are held and disbursed hereunder. Tenant may, at any time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses reimburse Landlord, on demand, for the Premises. In the event of a Recapture from and after the effective date of such eventcost associated therewith, Tenant shall only be responsible for payment of Tenant' s pro rata share of the insurance costs. Tenant's pro rata share shall be determined by dividing the leaseable Floor Area of the Premises retained by Tenant by the leaseable Floor Area constructed together with interest on the Development. Should amount paid by Landlord at the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjusted.rate of ten

Fire and Casualty Insurance. Landlord at all times during It shall be the term responsibility of this LeaseTenant to insure its equipment, shall cause all buildings furniture, fixtures and other personal property. Tenant shall insure and keep insured its leasehold improvements excluding Tenant's trade fixtures; personal and other property, located within against the Development to be insured against loss or damage by perils of fire, lightning earthquakelightning, wind the "Extended Coverages," vandalism and such other risks as are from time to time included in extended coverage endorsements in the State of Kansas, malicious mischief in an amount and form so that the proceeds thereof are sufficient to provide for actual replacement in full recovery of not less than ninety percent (90%) of the buildings and improvements within the Premises not including replacement value of Tenant's trade fixtures leasehold improvements. Such insurance shall be made payable to Landlord and mortgagee (if any) as their interests may appear. Tenant shall be responsible for any damage to premises as a result of forced entry into its space or personal propertyburglary thereof. Such insurance provided for hereunder shall be in a company or companies acceptable to Landlord and shall be procured and paid for by Tenant, (and said amount may exclude foundation and excavation costs and costs policy or policies will be delivered to Landlord. Such insurance may, at Tenant's election, be carried under any General Blanket Insurance Policy of underground flues pipes and drains)Tenant; such coverage to include "Comprehensive Boiler and Machinery" coverageprovided, if applicablehowever, as part that a satisfactory Certificate of one or more policies Insurance, together with proof of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them the total payment of the minimum annual rent and other Rent hereunder calculated for premium, shall be deposited with Landlord. If a one (1) year period. In addition to and satisfactory Certificate of Insurance is not in lieu of any other Rent due hereunder, Tenant shall pay provided to Landlord as additional rent within thirty (30) 30 days after Tenant's receipt from Landlord of a bill for sxxx, the cost of the insurance premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the contrary, which names written request to Tenant. Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurer, then Tenant shall have the right to obtain said Replacement Insurance secure adequate insurance as stated above and xxxx Tenant for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date cost of the current insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premisessecuring said insurance. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Upon Landlord's prior written approval. Upon any insured lossrequest, Tenant shall pay agrees to Landlord an amount equal to the deductible amount which sum shall be held and disbursed in the same manner as reinvest all insurance proceeds are held and disbursed hereunder. received from the loss or damage or destruction of said leasehold improvements to rebuild said improvement in a manner satisfactory to Landlord, regardless of whether or not Tenant may, at any time, elect elects to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises terminate this Lease as called for herein and Tenant shall resume paying Landlord for such insurance expenses for the Premisesprovided. In the event of a Recapture from Tenant elects to terminate this Lease as provided-in Section III, Paragraph 13, and after the effective date of such eventproviding said leasehold improvements are not rebuilt, Tenant does hereby assign all of.its right, title and interest in the insurance proceeds covering leasehold improvements to Landlord. Landlord shall only be responsible for payment insure the premises exclusive of Tenant' s pro rata share 's leasehold improvements against the perils offire, lightning, the "Extended Coverages," vandalism and malicious mischief in an amount sufficient to provide recovery of the insurance costs. Tenant's pro rata share shall be determined by dividing the leaseable Floor Area not less than ninety percent (90%) of the Premises retained by Tenant by the leaseable Floor Area constructed on the Development. Should the leaseable Floor Area constructed on the Development change, Tenant's pro rata share shall be appropriately adjustedreplacement value.