Common use of Fire and Extended Coverage Insurance Clause in Contracts

Fire and Extended Coverage Insurance. Each party shall, if possible, during the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s Facility. Landlord shall, upon receipt of such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policy.

Fire and Extended Coverage Insurance. Each party shall, if possible, during the term hereof, Landlord agrees to keep in full force policies of fire and effect extended coverage insurance which shall insure the Building against such perils or loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) may deem appropriate including vandalism and malicious mischief, in an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s FacilityBuilding and the improvements installed by the Landlord. Landlord shall, upon receipt of such sums, apply the same Pursuant to Paragraph 4 Tenant is obligated to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum of Landlord’s it's proportionate share of any such costs. Tenant agrees to maintain and keep in force, at its expense and throughout the premium paid term hereof, insurance against fire and such other risks as are from time-to-time included in standard extended coverage endorsements including vandalism and malicious mischief, insuring Tenant's stock-in-trade, trade fixtures, furniture, furnishings, floor and wall coverings, special equipment and all other items of personal property of Tenant located on or within the Premises and all such other improvements as are made by Tenant for such insurance, plus (ii) any amount previously paid by the Tenant to the Premises. Landlord as Tenant’s proportionate share of and Tenant hereby mutually release and discharge the annual premium for other from loss or damage to the period for which Landlord has failed described Premises or the contents, including any improvements and betterments located in or on the described Premises, to obtain the extent such loss or damage is insured by the described fire and extended coverage insurance. Tenant’s policy of insurance shall be delivered Both Landlord and Tenant agree to furnish the Leasehold Mortgagee and other a certificate of such policy shall be delivered to Landlord, insurance evidencing the required fire and Landlord’s policy shall be delivered to Landlord extended coverage insurance and a giving the certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without holder thirty (30) days prior written notice of intent to cancel, non-renew or amend such insurance. If Tenant elects to satisfy this condition by self insuring, it may do so provided it provides Landlord and Landlord's insurance agent with (1) documentation establishing values of Tenant installed fixtures, furnishings, equipment, inventory and process equipment or other material used in Tenant's operation; (2) provide Landlord with financial statements and other information evidencing Tenant's financial ability to maintain the Leasehold Mortgagee Premises and contents as self insured and (3) that Landlord's attorney shall prepare an agreement regarding subrogation of claims in the case event of a casualty loss of Tenant’s policy's fixtures, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyfurnishings and/or inventory.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay, if possible, during the term subject to reimbursement from Tenant as provided in Section 4 hereof, keep in full force for fire and effect insurance against loss casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or damage by fire or improvements thereto other casualty under the ISO Causes than Tenant’s personal property, trade fixtures and equipment (all of Loss - Special Form policy. The amounts of such insurance which shall be not less than one hundred insured by Tenant), equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost of the thereof Except for Tenant’s Facilityuse of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within twenty (20) days after receipt of such sumsdemand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, apply including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same to pay the applicable premium for policies coverage of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, risks and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall benefits which would be afforded in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and event Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such procured insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and from a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policythird-party insurer.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay, if possible, during the term subject to reimbursement by Tenant as provided in Section 4 hereof, keep in full force for fire and effect insurance against loss or damage by fire or other casualty under special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred Building equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within five (5) days after receipt of such sumsdemand. Tenant shall maintain and pay for all fire and extended coverage insurance on all trade fixtures, apply equipment, machinery, merchandise or other personal property located in the same to pay Premises and belonging to, or in the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlordcustody of, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In addition, at all times during the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both FacilitiesTerm, Tenant shall obtain procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance and Landlord shall immediately be indebted to Tenant in an amount equal policies or certificates of insurance (XXXXX 28 only) evidencing the required coverage prior to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant Commencement Date and thereafter prior to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s each policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyrenewal date.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay for fire and casualty special form "all risk" insurance, if possiblewith extended coverage, during covering the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred Building equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extrahazardous on account of fire and Tenant shall not use the Premises or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. 's Invitees,the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within five (5) days after receipt of such sumsdemand. So long as Tenant uses the Premises in compliance with the terms and conditions of this Lease, apply such operations will not cause an increase in Landlord's insurance premiums. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, successors and assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same to pay the applicable premium for policies coverage of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, risks and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall benefits which would be afforded in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and event Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such procured insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and from a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policythird- party insurer.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay, subject to reimbursement by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building (but not any of Tenant’s furniture, fixtures, equipment, personal property or other removable property or any Alterations or any other improvements in the Premises, and excluding costs for excavation, foundation, footings and other items typically excluded from similar policies carried by owners of Comparable Buildings) in amounts not less than the Building’s full replacement cost. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire (it being expressly acknowledged and agreed that office use shall not, without more, be deemed extra hazardous on account of fire pursuant to the terms of this Section 10(a)) and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof (it being expressly acknowledged and agreed that Tenant’s use of the Premises for office use shall not, without more, be deemed to cause an increase in the premium rate for any insurance in effect on the Building or a part thereof pursuant to the terms of this Section 10(a)). If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if possibleLandlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within five (5) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on the Tenant Improvements and on all trade fixtures, equipment, machinery, merchandise or other personal property located in the Premises and belonging to, or in the custody of, Tenant. In addition, at all times during the term hereofTerm, keep Tenant shall procure and maintain business income and extra expense coverage in full force and effect insurance against such amounts as will reimburse Tenant for direct or indirect loss or damage earnings attributable to any loss caused by fire or other casualty under the ISO Causes or cause including, but not limited to, vandalism, theft and water damage of Loss - Special Form policyany type. The amounts of such insurance Tenant shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay furnish to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s Facility. Landlord shall, upon receipt of such sums, apply the same to pay the applicable premium for policies certificates of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable evidencing the required coverage prior to Landlord, Tenant, each applicable Premises Portion Commencement Date and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such thereafter prior to each policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyrenewal date.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain, if possible, during the term subject to reimbursement by Tenant as provided in Section 4 hereof, keep in full force fire and effect insurance against loss or damage by fire or other casualty under special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than Building equal to at least one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s Facilitythereof. Landlord shallAdditionally, upon receipt of such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay keep in force during the portion term of this Lease insurance in such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears amounts and coverages as Landlord deems appropriate from time to the total value of Tenant’s Facility and Landlord Facility on such policy determined time, subject to reimbursement by Tenant as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities4 hereof, Tenant shall obtain not do or cause to be done or permit on the Premises or in the Building anything deemed hazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall immediately be indebted to demand that Tenant remedy the condition which caused any such increase in an amount equal insurance premium rate, Tenant shall remedy such condition within five (5) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant Commencement Date and thereafter prior to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insuranceeach policy renewal date. Tenant’s policy of insurance shall be delivered Notwithstanding anything herein to the Leasehold Mortgagee contrary, Landlord reserves the right for itself, successors and a certificate assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of such policy shall self-insurance affords the same coverage of risks and benefits which would be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee afforded in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyevent Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and ------------------------------------ pay, if possible, during the term subject to reimbursement by Tenant as provided in Section 4 hereof, keep in full force for fire and effect insurance against loss or damage by fire or other casualty under special form "all risk" insurance, with extended coverage (including boiler and machinery coverage), covering the ISO Causes structural components of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred the Building (i.e. these items identified as Landlord's Work on Exhibit C --------- attached hereto) and the Common Areas equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extrahazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy or commence to remedy such condition within five (5) days after receipt of such sumsdemand and diligently proceed to cure same if such condition cannot reasonably be remedied within five (5) days. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, apply including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess custody of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In addition, at all times during the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both FacilitiesTerm, Tenant shall obtain procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage. Tenant shall first furnish to Landlord certificates of insurance and Landlord shall immediately be indebted to Tenant in an amount equal evidencing the required coverage prior to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant Commencement Date and thereafter prior to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insuranceeach policy renewal date. Tenant’s policy of insurance shall be delivered Notwithstanding anything herein to the Leasehold Mortgagee contrary, Landlord reserves the right for itself, successors and a certificate assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of such policy shall self-insurance affords the same coverage of risks and benefits which would be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee afforded in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyevent Landlord procured insurance from a third- party insurer.

Fire and Extended Coverage Insurance. Each party shallThe Landlord agrees to carry policies insuring the improvements in the Shopping Center against such perils or loss, if possibleas the Landlord may deem appropriate (including, during the term hereofbut without limitation, keep in full force fire, vandalism, rent, boiler and effect insurance against loss or sprinkler damage and malicious mischief and such other perils covered by fire or other casualty under the ISO Causes of Loss - Special Form policyextended coverage endorsements). The amounts of such insurance Landlord's fire and extended coverage policy shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s Facility. Landlord shall, upon receipt of such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum replacement cost of such improvements and shall include Tenant’s Improvements (except any floor and wall coverings, trade fixtures, furnishings, ceiling- hung chandeliers and other adornments, special equipment, and personal property of the Tenant), whether the same have been paid for entirely or partially by the Tenant. The Tenant agrees to pay to Landlord as a component of the Common Area Charge for that portion of the cost of said insurance, which shall be determined by multiplying the Landlord's total premium expense [excluding the amount thereof attributable to insuring the Common Areas for which provision has been made in Subsection 4(C.)(i)] by the Tenant’s proportionate share Prorata Share. Tenant shall have no rights in said policy or policies maintained by the Landlord and shall not, by reason of such reimbursement, be entitled to be a named insured thereunder. The Tenant agrees (a) that the Tenant will furnish the Landlord within sixty (60) days after the Tenant opens for business within the Demised Premises a written certified statement of the actual cost incurred in making all the Tenant's Improvements in order to assist the Landlord in providing for adequate coverage thereof, and (b) that copies of the premium paid notices sent to the Landlord by Tenant its insurers for such insurance, plus (iithe policies carried by the Landlord under this Subsection 8(B.) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share shall be conclusive of the annual premium for amount of the period for which Landlord has failed premiums to obtain insurancebe apportioned as set forth above. Should the Tenant’s policy 's certified statement of insurance shall cost not be delivered to the Leasehold Mortgagee Landlord within (15) days after the same shall be due, the Tenant shall become liable to the Landlord for and shall pay to the Landlord the sum of Ten and no/100 ($10.00) Dollars for each day thereafter until such certified statement is so delivered, the foregoing to be considered liquidated damages and to be in addition to any other remedies provided for herein. In addition to the foregoing, the Tenant agrees to carry, at its expense, insurance against fire and such other risks as are, from time to time, included in standard extended coverage endorsements, insuring (i) the Tenant's stock-in-trade, trade fixtures, furniture, furnishings, ceiling-hung chandeliers and other adornments, special equipment, floor and wall coverings and all other items of personal property of the Tenant located on or within the Demised Premises and (ii) alterations and improvements made by the Tenant pursuant to Section 9 hereof to the extent the same are not covered by the Landlord's fire and extended coverage insurance, such coverage to be in an amount equal to the replacement cost thereof. Prior to the Commencement Date of this Lease, the Tenant shall furnish the Landlord with a certificate evidencing such coverage. The Landlord agrees to cause a waiver of such policy shall subrogation to be delivered to Landlordincluded in its policies of fire and extended coverage insurance, if obtainable from its insurers, and Landlord’s policy shall be delivered the Landlord hereby waives any right of recovery against the Tenant for losses to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The extent covered by its policies of insurance of both Landlord fire and Tenant required under this Lease extended coverage insurance; provided that such waiver shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyvoid such policies nor prohibit recovery thereunder.

Fire and Extended Coverage Insurance. Each party shallIn addition to the insurance which Tenant is required to maintain pursuant to this Lease, if possibleTenant agrees to pay directly to the appropriate insurer promptly upon receipt of invoices from such insurer the total premium to be paid for fire, during extended coverage and rental insurance (including so-called "extended coverage and/or all risk endorsement") upon Landlord's buildings and improvements in the term hereofBuilding Complex. Landlord agrees to reimburse Tenant for that portion of the total premium paid by Tenant which bears the same ratio to the total premiums as the square feet area in the premises utilized by Optometric Eye Care Center, keep P.A. bears to the total square feet of leasable space in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policyBuilding Complex. The amounts amount of such fire insurance to be maintained by Tenant shall not be not less than one hundred ninety percent (10090%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less more than one hundred percent (100%) of the replacement cost value of Landlord's buildings and improvements in the Building Complex as such value may exist from time to time. Tenant will xxxx the Landlord annually for its proportionate share accompanied by copies of the Tenant’s Facilityappropriate bills and Landlord will remit within ten (10) days to Landlord. Landlord shallagrees to permit Tenant to be named as an additional insured on any such insurance policy. Tenant agrees that it will not keep, use sell or offer for sale in or upon receipt the Premises any article which may be prohibited by the standard form of such sums, apply the same fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage insurance that may be charged during the applicable premium for policies term of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and this Lease on the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies amount of such insurance so obtainedwhich may be carried by Landlord on said Premises or the building of which they are a part, resulting from the type of merchandise sold by Tenant in the Premises, whether or not Landlord has consented to the same. In determining whether increased premiums are the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant in an amount equal to the sum result of Landlord’s proportionate share Tenant's use of the premium paid Premiums, a schedule, issued by Tenant for such insurancethe organization making the insurance rate on the Premises, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of showing the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate various components of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damagerate, shall be payable as provided in this Article. The policies conclusive evidence of the several items and charges which make up the fire insurance of both Landlord and Tenant required under this Lease shall not be cancelable by rate on the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyPremiums.

Fire and Extended Coverage Insurance. Each party shallTenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extrahazardous on account of fire and Tenant shall not use the Premises or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or its agent(s), contractor(s), employee(s), invitee(s), licensee(s), servant(s), subcontractor(s) or subtenant(s) the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if possibleLandlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, during Tenant shall remedy such condition within five (5) days after receipt of such demand. Tenant shall maintain and pay for the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the equivalent of ISO Causes of Loss - Special Form policy. The amounts Property Insurance covering the personal property (including fixtures, leasehold improvements, machinery, merchandise, equipment and other personal property belonging to or in the custody of such insurance shall be not less than one hundred percent (100%Tenant) of located in the reasonable replacement of the respective Facilities of each party. The insurance companies Premises, providing such insurance shall be subject protection to the reasonable approval extent of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (100%) of the replacement cost of the Tenant’s Facility. Landlord shallsuch property, upon receipt of such sumsless a commercially reasonable deductible, apply the same not to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenantexceed $25,000.00, and such other property insurance against such other perils and in such amounts as Landlord may from time to time reasonably require upon not less than ninety (90) days’ prior written notice, such requirement to be made on the Leasehold Mortgagee, as their interests may appear. Landlord shall pay basis that the portion required insurance is customary at the time for prudent tenants of such premium in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be properties similar to the Building in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) area of the policies of city where the Building is located. Tenant further agrees that such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, shall include extra expense coverage and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted to Tenant Business Interruption coverage in an amount equal sufficient to cover the sum Annual Rental and other sums payable under this Lease for a period of Landlord’s proportionate share twelve (12) months commencing with the date of the premium paid by Tenant for loss. Each such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered with company(ies) admitted to do business in the state in which the Premises is located and with a Best Rating of not less than A-IX and naming as additional insured the Landlord. Tenant shall first furnish to Landlord copies of policies or certificates of insurance evidencing the required coverage prior to the Leasehold Mortgagee Commencement Date and thereafter prior to each policy renewal date. All policies required of Tenant hereunder shall contain a certificate of such policy shall be delivered provision whereby the insurer is not allowed to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but cancel or change materially the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers coverage without first giving thirty (30) days prior days’ written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policy.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay, if possible, during the term subject to reimbursement by Tenant as provided in Section 4 hereof, keep in full force for fire and effect insurance against loss or damage by fire or other casualty under special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred Building equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within five (5) days after receipt of such sumsdemand, apply provided that if the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion nature of such premium condition is such that it cannot be cured in excess of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates five (satisfactory to Tenant5) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilitiesdays, Tenant shall obtain have a reasonable time beyond such insurance and Landlord shall immediately be indebted five (5) day period (not to Tenant in exceed an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without additional thirty (30) days prior written notice days) to effect such remedy. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance (XXXXX 28 only) evidencing the required coverage prior to the Commencement Date and the Leasehold Mortgagee in the case of Tenant’s policy, and thereafter prior to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyeach policy renewal date.

Fire and Extended Coverage Insurance. Each party shallLandlord shall maintain and pay for fire and casualty special form “all risk” insurance, if possiblewith extended coverage (including boiler and machinery coverage), during covering the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred Building equal to at least eighty percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (10080%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises anything deemed extrahazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within five (5) days after receipt of such sumsdemand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, apply including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in excess custody of Tenant’s proportionate share. Tenant’s portion of such premiums shall be in the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In addition, at all times during the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both FacilitiesTerm, Tenant shall obtain procure and maintain business income and extra expense coverage in such insurance amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and Landlord shall immediately be indebted to Tenant in an amount equal water damage of any type. Notwithstanding anything herein to the sum contrary, Landlord reserves the right for itself, successors and assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of Landlord’s proportionate share self-insurance affords the same coverage of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for risks and benefits which Landlord has failed to obtain insurance. Tenant’s policy of insurance shall would be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee afforded in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyevent Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Each party shall, if possible, during Landlord throughout the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall obtain such insurance covering both Landlord’s Facility and the Tenant’s Facility, and Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement shall maintain and pay for fire and casualty special form "all risk" insurance, with extended coverage (for so long as Landlord maintains such insurance) an amount including boiler and machinery coverage), covering the Building equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred least ninety five percent (10095%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Common Areas or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Facility. 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord shallon demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, upon Tenant shall remedy such condition within five (5) days after receipt of such sumsdemand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, apply including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the same to pay the applicable premium for policies custody of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay have no liability to Tenant for any direct or indirect loss of earnings or other expense due to any casualty or cause, including, but not limited to, vandalism and theft, and Tenant may insure against the portion of same if Tenant elects to do so. Throughout the term Landlord agrees to carry a flood insurance policy for the Building and to cover damages to the Building and/or such premium in excess of Tenant’s proportionate share. Tenant’s portion 's contents in the Building as Tenant has listed on a schedule delivered to Landlord at the commencement of such premiums the Term, which shall be in the same proportion that the value of Tenant’s Facility shown on conclusive as to such policy bears to the total value of Tenant’s Facility and Landlord Facility on covered contents unless Tenant updates such policy determined as provided in Section 6.1schedule every two years. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with respect to its respective Facility only, and Landlord fails to obtain or to maintain insurance for both Facilities, Tenant shall obtain such insurance and Landlord shall immediately be indebted first furnish to Tenant in an amount equal each other copies of insurance policies or certificates of insurance evidencing the required coverage prior to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant Commencement Date and thereafter prior to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s each policy of insurance shall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall not be cancelable by the insurance carriers without thirty (30) days prior written notice to Landlord and the Leasehold Mortgagee in the case of Tenant’s policy, and to Tenant and the Leasehold Mortgagee in the case of Landlord’s policyrenewal date.