Common use of Fire and Extended Coverage Property Insurance Clause in Contracts

Fire and Extended Coverage Property Insurance. Tenant shall, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord and Tenant and any Leasehold Mortgagee, a policy of insurance against loss or damage by fire, earthquake, flood and such other perils as are covered under the broadest form of the "extended coverage" or "all risk" endorsement available in the State of Nebraska including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord shall be named as an additional insured on such policy of insurance, and the Leasehold Mortgagee shall be named as required by its loan documents. Any insurance proceeds shall be applied in the manner as set forth in this Secondary Sublease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premises, in such amounts as may be reasonably acceptable to Tenant from time to time during the Term of this Secondary Sublease or any Extended Term except that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During the period of construction of the Building, Tenant shall provide builders' risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than the full insurable value of the Building and materials supplied in connection with the Building. The builders' risk insurance policy shall be primary and noncontributing with any insurance which may be carried by Landlord. If requested in writing by Landlord, a certificate of insurance together with proof of payment of the premium thereof, shall be delivered to Landlord prior to the commencement of construction of the Building, to be effective from and after the date of the commencement of construction of the Building. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty (30) days prior to the renewal date of any insurance policy during the Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If Tenant fails to timely pay any premium when due, Landlord shall be authorized to do so, and may charge all costs and expenses thereof, including the premium, to Tenant, to be paid by Tenant as additional rent hereunder.

Fire and Extended Coverage Property Insurance. Tenant shall, at its cost and expense and at all times during the Term, maintain in force, force for the joint benefit of Landlord and Tenant Tenant, and any Leasehold Mortgageeholder of a mortgage on the Ground Leased Premises, a policy of insurance insuring all improvements located on the Ground Leased Premises against loss or damage by firefire and lightning, earthquake, flood and such other perils as are covered under the broadest form of the "“extended coverage" ” or "“all risk" endorsement available ” provisions of policies generally in the State of Nebraska includingforce on comparable improvements in Raleigh, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsementsNorth Carolina. Landlord shall be named as an additional insured on such policy of insurance, insurance and the Leasehold Mortgagee shall be named as required by its loan documents. Any any insurance proceeds shall be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall be carried and maintained for in amounts sufficient to provide coverage of the purpose estimated full replacement cost of repairing and restoring the improvements in the event (exclusive of damage to the Premisesland, in excavations, foundations, and other items unusually excluded from such amounts as may be reasonably acceptable to Tenant from time to time coverage); provided however, that during the Term of this Secondary Sublease or any Extended Term except that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During the period of construction of the Buildingconstruction, Tenant shall provide or cause to be provided in lieu thereof builders' ’ risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than to the full insurable value of the Building and materials supplied in connection with the Buildingreplacement costs thereof. The builders' risk Such insurance policy or policies shall be stated to be primary and noncontributing with any insurance which may be carried by Landlord. If requested in writing by LandlordIn addition, a the deductible for such insurance shall not exceed $25,000.00. A certificate of insurance said insurance, together with proof of payment of the premium thereof, shall be delivered to Landlord prior to on the commencement of construction of the BuildingLease Commencement Date, to be effective from and after the date of the commencement of construction of the BuildingLease Commencement Date. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty fifteen (3015) days prior to the renewal date of any such insurance policy policies during the Term and any Extended Term. The Such insurance shall be cancelable only after thirty (30) days' ’ prior written notice to Landlord, Tenant Landlord and any Leasehold MortgageeTenant. If In the event Tenant fails to timely pay any premium when due, Landlord shall be authorized to do so, and may charge all costs and expenses thereof, including the premiumpremium and interest at the maximum rate allowed by law, to Tenant, to be paid by Tenant as additional rent hereunder.

Fire and Extended Coverage Property Insurance. Tenant shall, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord and Tenant and any Leasehold Mortgagee, a policy of insurance against loss or damage by fire, earthquake, flood and such other perils as are covered under the broadest form of the "extended coverage" or "all risk" endorsement available in the State of Nebraska including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord shall be named as an additional insured on such policy of insurance, and the Leasehold Mortgagee shall be named as required by its loan documents. Any insurance proceeds shall be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premises, in such amounts as may be reasonably acceptable to Tenant from time to time during the Term of this Secondary Sublease Lease or any Extended Term except that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During the period of construction of the Building, Tenant shall provide builders' risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than the full insurable value of the Building and materials supplied in connection with the Building. The builders' risk insurance policy shall be primary and noncontributing with any insurance which may be carried by Landlord. If requested in writing by LandlordXxxxxxxx, a certificate of insurance together with proof of payment of the premium thereof, shall be delivered to Landlord prior to the commencement of construction of the Building, to be effective from and after the date of the commencement of construction of the Building. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty (30) days prior to the renewal date of any insurance policy during the Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If Tenant fails to timely pay any premium when due, Landlord shall be authorized to do so, and may charge all costs and expenses thereof, including the premium, to Tenant, to be paid by Tenant Xxxxxx as additional rent hereunder.

Fire and Extended Coverage Property Insurance. Tenant Lessee shall, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord and Tenant and any Leasehold Mortgagee, a policy of insurance against loss or damage by firefire and lightning, earthquake, flood and such other perils as are covered under the broadest form of the "“extended coverage" ” or "“all risk" endorsement ” endorsements available in the State of Nebraska Texas, including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord Any holder of a mortgage on the Refinery Site shall be named as an additional insured on such policy of insurance, and the Leasehold Mortgagee shall be named as required by its loan documents. Any insurance proceeds shall be applied in the manner as set forth in this Secondary Sublease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premisesextent of full (actual) replacement cost of the Relevant Assets and the Additional Improvements. Lessor shall, in such amounts as may be reasonably acceptable to Tenant from time to time at its cost and expense and at all times during the Term Term, maintain in force, a policy of this Secondary Sublease insurance against loss or any Extended Term except that at no time shall said coverage be less than Seven Million damage by fire and No/100 Dollars ($7,000,000.00). During lightning, and such other perils as are covered under the period of construction broadest form of the Building“extended coverage” or “all risk” endorsements available in Texas, Tenant including, but not limited to, damage by wind storm, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Any holder of a mortgage on the Premises shall provide builders' risk be named as an additional insured on such policy of insurance. Waiver of Subrogation. Lessor and Lessee and all parties claiming under them mutually release and discharge each other from all claims and liabilities arising from or a similar type of caused by any casualty or hazard covered or required hereunder to be covered in whole or in part by the casualty and liability insurance policy covering to be carried on the construction of Refinery Site, the Building, in an amount not less than the full insurable value of the Building and materials supplied Premises or in connection with any improvements HOU03:1337014 on or activities conducted in or on the BuildingPremises or the Refinery Site, and waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof, and evidence such waiver by endorsement to the required insurance policies, provided that such release shall not operate in any case where the effect is to invalidate or increase the cost of such insurance coverage (provided that in the case of increased cost, the other Party shall have the right, within 30 days following written notice, to pay such increased cost, thereby keeping such release and waiver in full force and effect). The builders' risk insurance policy shall be primary HOU03:1337014 Exhibit A Description of Premises See attached. Exhibit B Refinery Site HOU03:1337014 THE FOLLOWING DESCRIBED TRACTS OF LAND AS DEFINED IN THE XXXXX COUNTY CENTRAL APPRAISAL DISTRICT ACCOUNT DETAIL RECORDS AS: CITY OF TYLER BLOCK 672: XXX 00, 00, 00 (XXX # 000000); CITY OF TYLER BLOCK 674: XXX 0X, 0X, 0X, 0X, (XXX # 061157); CITY OF TYLER BLOCK 674: XXX 00 (XXX # 000000); CITY OF TYLER BLOCK 675: XXX 00X, 00X, (00X XX 000-X) (XXX # 000000); AND ABST X0000 X XXXXXXXXXX XXXXX 00-00, 20, 21 (PIN # 015606); BEING OUT OF AND A PART OF THOSE TRACTS OF LAND AS DESCRIBED IN EXHIBIT "A" APPENDED TO SPECIAL WARRANTY DEED RECORDED IN VOLUME 7780, PAGE 817, (CLERK'S FILE NO. 2005-R020957), OF THE OFFICIAL PUBLIC RECORDS OF XXXXX COUNTY, TEXAS. HOU03:1337014 B-1 Exhibit C Memorandum of Lease HOU03:1337014 C-1 MEMORANDUM OF LEASE Dated: July 26, 2013 MEMORANDUM OF LEASE Between BETWEEN DELEK REFINING, LTD., AS LESSOR AND DELEK MARKETING & SUPPLY, LP AS LESSEE Record and noncontributing with any insurance return to: Delek US Holdings, Inc. 0000 Xxxxxxxx Xxx Xxxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxx Xxxxxxxx Telecopy No.: (000) 000-0000 HOU03:1337014 C-2 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this “Memorandum”) is made and entered into as of July 26, 2013 to reflect the existence of а Lease and Access Agreement dated of even date herewith, by and between DELEK REFINING, LTD., а Texas limited partnership, having an office address at 0000 Xxxxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxx 00000 (“Lessor”), and DELEK MARKETING & SUPPLY, LP, а limited partnership organized and existing under the laws of Delaware, having an office address at 0000 Xxxxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxx 00000 (“Lessee”). Such Lease and Access Agreement is herein referred to as the “Ground Lease.” Lessor and Lessee are collectively referred to as the “Parties” and individually as а “Party.” RECITALS A. Lessor is the owner of those certain tracts or parcels of land and appurtenant rights on which may be carried the Relevant Assets (as defined below) are situated (“Lessor’s Property”). B. Pursuant to the terms of that certain Asset Purchase Agreement (the “Purchase Agreement”), dated July 26, 2013, by Landlordand between Lessor, as Seller, and Lessee, as Buyer, Lessee acquired certain assets (the “Relevant Assets”) located on the real property more particularly described on Exhibit A annexed hereto and made а part hereof (the “Premises”). If requested in writing by Landlord, a certificate of insurance together with proof of payment X. Xxxxxx has leased the Premises to Lessee pursuant to the terms of the premium thereof, shall be delivered Ground Lease. X. Xxxxxx has granted to Landlord prior Lessee certain rights of access and use to the commencement those portions of construction Lessor’s Property that are not part of the Building, Premises (the “Refinery and Terminal Site”). X. Xxxxxx and Lessee have entered into the Ground Lease and desire to be effective from and after the date give public notice of the commencement existence of construction certain of their rights and agreements thereunder. Capitalized terms which are used but not defined herein shall have the meanings given to them in the full text of the Building. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty (30) days prior to the renewal date of any insurance policy during the Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If Tenant fails to timely pay any premium when due, Landlord shall be authorized to do so, and may charge all costs and expenses thereof, including the premium, to Tenant, to be paid by Tenant as additional rent hereunderGround Lease.

Fire and Extended Coverage Property Insurance. Tenant shall, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord and Tenant and any Leasehold Mortgagee, a policy of insurance against loss or damage by fire, earthquake, flood and such other perils as are covered under the broadest form of the "extended coverage" or "all risk" endorsement available in the State of Nebraska including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord shall be named as an additional insured on such policy of insurance, and the Leasehold Mortgagee shall be named as required by its loan documents. Any insurance proceeds shall be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premises, in such amounts as may be reasonably acceptable to Tenant from time to time during the Term of this Secondary Sublease Lease or any Extended Term except that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During the period of construction of the Building, Tenant shall provide builders' risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than the full insurable value of the Building and materials supplied in connection with the Building. The builders' risk insurance policy shall be primary and noncontributing with any insurance which may be carried by Landlord. If requested in writing by Landlord, a certificate of insurance together with proof of payment of the premium thereof, shall be delivered to Landlord prior to the commencement of construction of the Building, to be effective from and after the date of the commencement of construction of the Building. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty (30) days prior to the renewal date of any insurance policy during the Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If Tenant fails to timely pay any premium when due, Landlord shall be authorized to do so, and may charge all costs and expenses thereof, including the premium, to Tenant, to be paid by Tenant as additional rent hereunder.

Fire and Extended Coverage Property Insurance. Tenant shall, at its cost and expense and at all times during the Term and any Extended Term, maintain in force, for the joint benefit of Landlord and Tenant Tenant, and any Leasehold Mortgageeholder of a mortgage on the Ground Leased Premises, a policy of insurance against loss or damage by firefire and lightning, earthquake, flood and such other perils as are covered under the broadest form of the "“extended coverage" ” or "“all risk" endorsement ” endorsements available in the State of Nebraska _________________ including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord shall be named as an additional insured on such policy of insurance, and the Leasehold leasehold Mortgagee shall be named as required by its loan documents. Any , and subject to terms of the loan documents any insurance proceeds shall be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premisesextent of full (actual) replacement cost of the improvements, in such amounts as may be reasonably acceptable to Tenant Landlord from time to time during the Term of this Secondary Sublease or Lease and any Extended Term except Term; provided however, that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During during the period of construction of the Buildingconstruction, Tenant shall provide or cause to be provided in lieu thereof builders' ’ risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than to the full insurable value of the Building and materials supplied in connection with the Buildingreplacement costs thereof. The builders' risk Such insurance policy or policies shall be stated to be primary and noncontributing with any insurance which may be carried by Landlord. If requested in writing by LandlordIn addition, a the deductible for such insurance shall not exceed $25,000.00. A certificate of said insurance together with proof of payment of the premium thereof, shall be delivered to Landlord prior to on the commencement of construction of the BuildingLease Commencement Date, to be effective from and after the date of the commencement of construction of the BuildingLease Commencement Date. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord not less than thirty (30) days prior to the renewal date of any such insurance policy policies during the Term and any Extended Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If In the event Tenant fails to timely pay any premium when due, Landlord shall be authorized authorized, but not obligated, to do so, and may charge all costs and expenses thereof, including the premiumpremium and interest at the Default Rate, to Tenant, to be paid by Tenant as additional rent hereunder. Landlord shall have no obligation to obtain insurance for the benefit of Tenant.

Fire and Extended Coverage Property Insurance. Tenant shallwill, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord and Owner, Tenant and any Leasehold Mortgageeall Recognized Interest Holders, a policy of insurance against loss or damage to the Project by firefire and lightning, earthquake, flood and such the other perils as are covered under a “Cause of Loss-Special Form” policy or equivalent together with the broadest form of the "“extended coverage" ” or "“all risk" endorsement ” endorsements, or equivalent, available in the State of Nebraska including, but not limited to, Idaho including damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such any other risks as are normally covered by such the endorsements. Landlord shall Owner will be named as an additional insured on such the policy of insurance, and the Leasehold Mortgagee shall any Recognized Interest Holder will be named as required by its loan documents. Any the Sublease or Leasehold Mortgage, and subject to terms of the Sublease or Leasehold Mortgage any insurance proceeds shall will be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall will be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premisesextent of full (actual) replacement cost of the Project; provided however, in such amounts as may be reasonably acceptable to Tenant from time to time that during the Term of this Secondary Sublease or any Extended Term except that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During the period of construction of the Buildingconstruction, Tenant shall will provide or cause to be provided in lieu thereof builders' ’ risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than to the full insurable value of the Building and materials supplied in connection with the Buildingreplacement costs thereof. The builders' risk insurance policy shall or policies will be stated to be primary and noncontributing with any insurance which may be carried by LandlordOwner. If requested in writing by Landlord, a certificate Evidence of said insurance together with proof of payment of the premium thereof, shall will be delivered to Landlord prior to Owner on the commencement Commencement Date. Evidence of construction of the Building, to be effective from and after the date of the commencement of construction of the Building. Any renewal certificates and proof of payment of premium therefor shall will be delivered to Landlord Owner not less than thirty fifteen (3015) days prior to the renewal date of any insurance policy policies during the Term. The insurance shall be cancelable only after thirty (30) days' prior written notice to Landlord, Tenant and any Leasehold Mortgagee. If In the event Tenant fails to timely pay any premium when due, Landlord shall Owner will be authorized authorized, but not obligated, to do so, and may charge all costs and expenses thereof, including the premiumpremium and interest at Owner’s Interest Rate, to Tenant, to be paid by Tenant Xxxxxx as additional rent hereunder. Owner will have no obligation to obtain insurance for the benefit of Tenant.

Fire and Extended Coverage Property Insurance. Tenant Lessee shall, at its cost and expense and at all times during the Term, maintain in force, for the joint benefit of Landlord Lessor and Tenant Lessee, and any Leasehold Mortgageeholder of a mortgage on the Ground Leased Premises, a policy of insurance against loss or damage by firefire and lightning, earthquake, flood and such other perils as are covered under the broadest form of the "extended coverage" or "all risk" endorsement endorsements available in the State of Nebraska Arizona, including, but not limited to, damage by wind storm, hurricane, lightning, explosion, smoke, sprinkler leakage, vandalism, malicious mischief and such other risks as are normally covered by such endorsements. Landlord Lessor shall be named as an additional insured on such policy of insurance, and the Leasehold Mortgagee leasehold mortgagee shall be named as required by its loan documents. Any , and subject to terms of the loan documents any insurance proceeds shall be applied in the manner as set forth in this Secondary SubleaseLease. The insurance shall be carried and maintained for the purpose of repairing and restoring the improvements in the event of damage to the Premisesextent of full (actual) replacement cost of the improvements, in such amounts as may be reasonably acceptable to Tenant Lessor from time to time during the Term of this Secondary Sublease or any Extended Term except Lease; provided however, that at no time shall said coverage be less than Seven Million and No/100 Dollars ($7,000,000.00). During during the period of construction of the Buildingconstruction, Tenant Lessee shall provide or cause to be provided in lieu thereof builders' risk or a similar type of insurance policy covering the construction of the Building, in an amount not less than to the full insurable value of the Building and materials supplied in connection with the Buildingreplacement costs thereof. The builders' risk Such insurance policy or policies shall be stated to be primary and noncontributing with any insurance which may be carried by LandlordLessor. If requested in writing by LandlordIn addition, a the deductible for such insurance shall not exceed $5,000.00. A certificate of insurance said insurance, together with proof of payment of the premium thereof, shall be delivered to Landlord prior to Lessor on the commencement of construction of the BuildingLease Commencement Date, to be effective from and after the date of the commencement of construction of the BuildingLease Commencement Date. Any renewal certificates and proof of payment of premium therefor shall be delivered to Landlord Lessor not less than thirty fifteen (3015) days prior to the renewal date of any such insurance policy policies during the Term. The Such insurance shall be cancelable only after thirty (30) days' prior written notice to LandlordLessor, Tenant Lessee, and any Leasehold Mortgageeholder of a mortgage on the Ground Leased Premises. If Tenant In the event Lessee fails to timely pay any premium when due, Landlord Lessor shall be authorized to do so, and may charge all costs and expenses thereof, including the premium, to TenantLessee, to be paid by Tenant Lessee as additional rent hereunder.