Common use of Insurance and Indemnity Clause in Contracts

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, A. Landlord's Insurance Landlord shall keep maintain in full force and effect during the PropertyLease Term (including any extensions or renewals thereof): the insurance services office Special Property Form of property damage ("all risk") insurance for the Buildings, the Common Area Facilities and the Land and all improvements on the Land, including the base Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage improvements, in the amount amounts of the full replacement cost of values thereof, as the Building values may exist from time to time; Boiler and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring inMachinery Insurance; Commercial General Liability Form Insurance, including contractual liability, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies occurrence basis with limits in amounts of not less than One Million Dollars ($1,000,000.00) 5,000,000 per occurrence; Worker's compensation and Employer's Liability Insurance for injury all of Landlord's agents, employees and contractors; Automobile Liability Insurance for any automobiles or death vehicles operated by Landlord, its agents, employees or contractors in connection with the operation or maintenance of any one person the Buildings, the Common Area Facilities and the Land, with limits of not less than One Million Dollars ($1,000,000.00) for damages 1,000,000. Landlord's insurance shall be issued by insurance companies licensed to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages do business in the aggregatestate where the Buildings is situated, with a general policyholder surplus rating of at least A- and a financial rating of at least VIII in the most current Best Insurance Report available at the time of execution of this Lease. Such If the Best's ratings are changed or discontinued, Landlord and Tenant shall agree to an equivalent method of rating insurance companies. Landlord shall provide Tenant with applicable certificates of insurance if so requested by Tenant. Landlord reserves the right to self-insure or to insure with a blanket policy of insurance the liabilities and casualties specified in this Lease. Therefore, Landlord shall not be required to provide Tenant with any certificates or policies of insurance insurance; however, Landlord shall provide that the coverage Tenant with a letter confirming such insurance, if requested by Tenant. Landlord's insurance policies shall be primary irrespective in the event of any an injury, damage, loss, claim or liability insurance provided by Landlord pursuant in the Common Area Facilities which is not due to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of LandlordTenant, its agents agents, contractors, employees or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leaseinvitees.

Insurance and Indemnity. Subject The Tenant shall indemnify, save and hold harmless the Landlord from and against any and all claims, or liability for injury or damage to Paragraph 4(d) aboveany person or property occurring in or about the premises occurring during the term of this Lease, Landlord when such injury or damage shall keep be caused in whole or in part by the Propertyact, Building neglect, fault of or omission of any duty of same by Tenant, its agents, servants, employees and Improvements insured with an insurance company rated by A.M. Best as A- or better against invitees. The Tenant shall, at its own expense, procure, and at all times during the followingterm of this Lease continue in force and effect: (a) “All Risk” coverage in the amount of the full replacement cost of the Building Broad form comprehensive general liability insurance including: (i) premises/operations, (ii) products/completed operations hazard, (iii) broad form contractual, and improvements. (biv) public personal injury, including death. This general liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. include limits of liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) combined single limits for bodily injury or death and property damage. (b) Worker’s compensation insurance with statutory limits of any one person and not less than One Million Dollars liability. ($1,000,000.00c) for damages Such additional insurance which Landlord may require, in its discretion, from time to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregatetime. Such policies Certificates of insurance in form acceptable to Landlord shall be provided to Landlord at the commencement of the term. The insurance policies shall name the Landlord and Tenant as insured and shall provide that the coverage shall policies may not be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, canceled or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory materially altered until at least thirty (30) days’ prior written notice has been given to the Landlord. If Tenant The insurance carriers providing such insurance shall fail have no less than “A” rating according to A. M. Best’s rating and shall be authorized to do so, business in Florida. Nothing contained herein shall absolve Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss for any injuries or damage caused by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant Landlord’s negligence or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord’s agents, its agents servants or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leaseemployees.

Insurance and Indemnity. Subject ENGINEER agrees to Paragraph 4(d) abovemaintain Worker’s Compensation Insurance to cover all its own personnel engaged in performing services for CLIENT under this Agreement. ENGINEER also agrees to maintain Commercial General Liability insurance that will protect the ENGINEER and CLIENT from claims for damages because of bodily injury, Landlord shall keep personal injury, sickness, disease or death and insurance that will protect the PropertyENGINEER and CLIENT from claims for damages to or destruction of tangible property of others, Building and Improvements insured with an including loss of use thereof. The minimum policy limits of liability for this line of insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars (should be: $1,000.000.00) on a combined single limit basis. All such policies 1,000,000.00 Occurrence Limit $2,000,000.00 General Aggregate $2,000,000.00 Products/Completed Operations Aggregate $1,000,000.00 Contractual Liability This line of insurance shall be payable to Landlord or endorsed naming CLIENT as Landlord specifiesan Additional Insured for both ongoing and completed operations and shall provide a Wavier of Subrogation in favor of CLIENT. Tenant shall indemnify Landlord against Commercial/Business Automobile Liability insurance that will protect the ENGINEER and save Landlord harmless CLIENT from any. liability or claim claims for damages which may be asserted against Landlord by reason arising out of the maintenance, operation, or use of any accident owned, non-owned or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use hired vehicles. The minimum policy limits of liability for this line of insurance coverage for bodily injury and occupancy property damage combined shall not be less than $1,000,000.00 per each occurrence. This line of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, insurance shall obtain public liability insurance for the benefit of itself and Landlord and be endorsed naming Landlord CLIENT as an additional party insured Additional Insured for both ongoing and loss payee on the policies completed operations and shall provide a Wavier of Subrogation in favor of CLIENT. Professional liability (errors and omissions) insurance with minimum coverage limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars (3,000,000.00 per claim, $1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages 3,000,000.00 in the aggregate. Such The insurance policies of insurance shall provide contain a provision or endorsement that the coverage shall afforded will not be primary irrespective of any liability insurance provided by Landlord pursuant cancelled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this LeaseOWNER.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord A. Tenant shall keep maintain in full force and effect during the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount Term a policy of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage under which Landlord is named additional insured. The minimum combined limit of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All liability of such policies of insurance shall be payable to Landlord or as Landlord specifies$2,000,000.00. This limit shall apply per location. Said insurance shall also provide for contractual liability coverage by endorsement. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim further provide for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability business interruption insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts to cover a period of not less than One Million Dollars six ($1,000,000.006) for injury months. Tenant agrees to deliver a duplicate copy of said policy or death a certificate of insurance evidencing such coverage to Landlord prior to occupancy. Such policy shall contain a provision requiring thirty (30) days written notice to Landlord before cancellation of, material change or failure to renew the policy. All insurance shall be with companies and in form reasonably acceptable to Landlord. Tenant further covenants and agrees to indemnify and hold Landlord and Landlord's manager of the Building harmless from any claim, loss or damage, including reasonable attorney's fees, suffered by Landlord, Landlord's manager or Landlord's other tenants caused by; (i) any act or omission by Tenant, Tenant's employees or anyone claiming through or by Tenant in, at, or around the Premises or the Building; (ii) the conduct or management of any one person work or thing whatsoever done by Tenant in or about the Premises; or (iii) Tenant's failure to comply with any and not less than One Million Dollars ($1,000,000.00) for damages all governmental laws, rules, ordinances or regulations applicable to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in Tenant's use of the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the LandlordPremises. If Tenant shall fail to do sonot comply with its covenants made in this Article 10, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantmay, at its expenseoption upon five (5) days written notice by Landlord to Tenant and failure to cure by Tenant during said period of time (unless expiration of such insurance is imminent, in which case no notice or opportunity to cure need be given), cause insurance as aforesaid to be issued, and in such event Tenant agrees to pay the premium for such insurance promptly upon Landlord's demand. B. Landlord shall keep all of its furnishings, equipment carry and other personal property located cause to be in full force and effect a fire and extended coverage insurance policy on the Leased Premises fully insured against loss Building but not contents owned, leased to or damage by fire and those risks covered by ‘‘extended coverage” as provided otherwise in a Michigan standard fire insurance policypossession of Tenant. Such policy The cost of such insurance shall be payable to Tenant or an Operating Expense as Tenant specifies. defined in Article 5 of this Lease Agreement. C. Landlord and Tenant hereby releases Landlord release the other from any and all liability for any damage to or loss of such personal property from any cause whatsoever except responsibility to the extent such other or anyone claiming through or under them by way of subrogation or otherwise for nay loss or damage is the result to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of Landlordthe other party, or anyone for whom such party may be responsible, provide, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party's policies shall contain a clause or endorsement to the effect that any such release would not adversely affect or impair said policies or prejudice the right of the releasing party to recover thereunder. Landlord and Tenant agree that they will request their insurance carriers to include in their policies such a clause or endorsement. If extra cost shall be charged therefore, each party shall advise the other of the amount of the extra cost, and the other party, at its agents or employees and is election, may pay the same, but shall not otherwise covered by insurance required be obliged to be carried by Tenant under this Leasedo so.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep the Property, Building and Improvements insured with an maintain or cause to be maintained All-Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvementsother improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the Building and except for buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All-Risk insurance will be in the amounts required by the Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect to the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, with limits of not less than $6,000,000 for bodily injury or death and $3,000,000 for property damage, including water damage, sprinkler leakage legal liability, independent contractors, premises operation, products and completed operations, (b) public All-Risk insurance in respect to Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs, and all other property of Tenant in the Demised Premises, in any amounts required by any Superior Lessor or any Superior Mortgagee but not less than 90% of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies; (c) workers' compensation insurance; (d) rental insurance in an amount equal to not less than one (1) year's Fixed Rent and Additional Rent, which shall be automatically renewable annually; (e) Business Loss insurance and (f) any other insurance required for compliance with the Insurance Requirements. Landlord, any manager of the Building and any Superior Lessors or Superior Mortgagees shall be named as insureds in all said policies of insurance and shall be protected against all liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisoccasioned by an occurrence insured against. All such policies of insurance shall be payable to be: (i) written as "occurrence" policies; (ii) written as primary policy coverage and not contributing with or in excess of any coverage which Landlord or as Landlord specifiesany Superior Mortgagee or Superior Lessor may carry; and (iii) issued by insurance company reasonably satisfactory to Landlord. Tenant shall deliver to Landlord and any other insured(s) certificates for such fully paid-for policies at least ten (10) days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other insured(s) certificates therefor at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in the State of Washington and all such policies shall contain a provision whereby the insurer shall provide written notice to Landlord and any additional insured(s) at least twenty (20) days prior to cancellation or modification of such policies. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant's business in `any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect to the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Use. Landlord shall give Tenant written notice in the event Landlord becomes aware of Tenant's breach of the provisions of this Section 13.03. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord against Landlord, Superior Lessors and save Landlord the Superior Mortgagees, and hold Landlord, Superior Lessors and Superior Mortgagees harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases of premiums on any insurance, including, without limitation, rent insurance1 resulting from any such breach. 13.04. Subject to Section 13.03 and to the extent not covered by Tenant's insurance, Tenant shall indemnify, defend and hold harmless Landlord, Superior Mortgagee and all Superior Lessors and their respective partners, joint venturers, directors, officers, agents, servants and employees from and against any and all claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any business therein or any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, caused by Tenant, or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents employees representatives or contractors: (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents, employees or contractors: (c) any accident, injury or damage whatever (unless and to the extent caused by Landlord's negligence) occurring in the Demised Premises, caused by Tenant, or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers agents, employees or contractors; and (d) any breach or default by Tenant in the full and prompt payment and performance of Tenant's obligations under this Lease. liability Tenant's obligation to indemnify shall also include all costs, expenses and liabilities incurred in or in connection with each such claim for damages which may be asserted or action or proceeding brought thereon, including without limitation, all attorney's fees, expert fees and expenses. In case any action or proceeding is brought against Landlord Landlord, Superior Mortgagee and/or any Superior Lessor and/or its or their partners, joint venturers, directors, officers, agents and/or employees by reason of any accident or casualty occurring insuch claim, on or about the Leased Premises or otherwise arising Tenant upon notice from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expenseSuperior Mortgagee and/or such Superior Lessor, shall obtain public liability insurance for the benefit of itself resist and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury defend such action or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided proceeding by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies counsel reasonably satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep maintain All Risk insurance in respect of the Property, Building and Improvements insured other improvements on the Land normally covered by such' insurance (except for the property Tenant is required to cover under Section 13.02) for the benefit of Landlord and any other parties Landlord may designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by. any Superior Lessor or any Superior Mortgagee. The All Risk insurance will be in amounts not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, with Landlord (and its designees) as an additional named insured(s), with limits of not less than $3,000,000 for bodily injury or death to any one person and $5,000,000 for bodily injury or death to any number of persons in any one occurrence, and $500,000 for property damage, including water damage and sprinkler leakage legal liability, and (b) All Risk insurance in respect of Tenant's stock in trade, fixtures, and all other personal property of Tenant in the Demised Premises in not less than 80% of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Tenant shall deliver to Landlord certificates for such fully paid-for policies at least 10 days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance before the expiration thereof, and Tenant shall deliver to Landlord certificates therefor at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be cancelled unless Landlord and any additional insured(s) are given at least thirty (30) days' prior written notice of such cancellation. 13.03. Tenant shall not do or permit anything to be done in respect of the Demised Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company rated whereby any insurance then in effect in respect to the Land and Building shall become void or suspended or whereby any premiums in respect of insurance maintained by A.M. Best as A- or better against Landlord shall be higher than those which would normally have been in effect for the following:occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) “All Risk” coverage in the amount indemnify Landlord and hold Landlord harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of the full replacement cost of the Building such breach by Tenant and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable pay to Landlord or as Landlord specifiesany and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04. Tenant shall indemnify Landlord against and save hold Landlord harmless from any. liability or claim for damages which may be asserted and against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for claims arising from or in connection with (a) the conduct of Tenant's business, or any work done, or any condition created in the Demised Premises (b) any act, omission or negligence of Tenant or any of its subtenants or licensees; (c) any accident, injury or damage to or loss of such personal property from any cause whatsoever whatever (except to the extent caused by Landlord's negligence) occurring in the Demised Premises; together with all costs, expenses and liabilities incurred in or in connection with each such loss claim or damage is the result of the negligence of Landlordaction or proceeding brought thereon, its agents or employees including, without limitation, all attorneys' fees and is not otherwise covered by insurance required to be carried by Tenant under this Leaseexpenses.

Insurance and Indemnity. Subject to Paragraph 4(d) aboveSECTION 9.1 INSURANCE BY TENANT. Tenant will, Landlord shall keep at its cost and expense, obtain and maintain at all times during the PropertyLease Term, Building and Improvements insured commercial general liability insurance with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability a combined personal injury and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.001,000,000) for injury or death of any one person each occurrence and not less than One Two Million Dollars ($1,000,000.002,000,000) in the aggregate for damages to property resulting from one casualtythis location, insuring against all liability of Tenant and its representatives arising out of and in connection with Tenant’s use, maintenance or occupancy of the Premises and all areas appurtenant thereto. Landlord, and One Million Dollars ($1,000,000.00) property damages other parties designated by Landlord and having an interest in the aggregateBuilding, will be named as additional insured. Tenant will increase its insurance coverage as may be required from time to time if, in the reasonable opinion of Landlord or Landlord’s mortgagee, the amount of public liability coverage at that time is not adequate. The limits of such insurance will not, however, limit the liability of Tenant hereunder. Tenant will furnish Landlord a certificate evidencing such insurance, prepared on the XXXXX 27 form or other form reasonably acceptable to Landlord. Such policies of insurance shall provide that will contain provisions or endorsements preventing their cancellation, discontinuance or alteration without at least thirty (30) days’ prior written notice to Landlord. The insurance secured by Tenant will insure performance by Tenant of the indemnity provisions of this Lease to the extent of claims for bodily injury and property damage, will be considered primary and not in excess of coverage shall be primary irrespective Landlord may carry, and will afford coverage after the termination of any liability insurance provided by Landlord pursuant to this LeaseLease for all claims based on acts, omissions, injury or otherwise. Tenant shall keep such insurance damage which occurred or arose in force whole or in part during the term of this Lease Lease. The insurance secured by Tenant will apply on a primary basis to Landlord, even if Landlord has other liability coverage. Tenant will at its expense obtain and deliver certificates of maintain all-risks property and casualty insurance to Lessor showing such coverage coverage, written at replacement cost value and with replacement cost endorsement, covering all Tenant’s personal property in companies satisfactory the Premises and all improvements, alterations or additions made to the Premises by Tenant, but excluding improvements constructed by Landlord as part of Landlord’s Work, which improvements shall be insured under Landlord’s all-risk insurance policy. All insurance required under this section will be issued by insurance companies licensed to do business in the jurisdiction where the Building is located. Such companies will have a policyholder rating of at least “A” and be assigned a financial size category of at least “Class X” as rated in the most recent edition of “Best’s Key Rating Guide.” If Tenant shall fail fails to do socomply with the aforesaid requirements, Landlord may obtain the such insurance and charge keep the same in force and effect and Tenant will pay Landlord the cost to Tenant thereof, on demand, as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this LeaseAdditional Rent.

Insurance and Indemnity. Subject 11.01. Sublandlord or Superior Lessor shall maintain or cause to Paragraph 4(d) abovebe maintained at reasonably competitive rates, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage Risk Insurance in the amount of the full replacement cost respect of the Building and improvements. other improvements (bexcept for property Subtenant is required (or may elect) public liability and property damage to cover with insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring inunder Article 11.02), on or about the Leased Premises or otherwise arising from Tenant’s use Land and occupancy of the Leased Premises except Building normally covered by such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself Subtenant, Superior Lessor and Landlord Superior Mortgagee, in an amount equal to the replacement value of the Building, and naming Landlord rent insurance equivalent to the aggregate amount of one year's Fixed Rent, and Real Estate Taxes pursuant to this Sublease. Sublandlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. Commencing with the * Commencement Date, forty-three percent (43%) of the cost of such insurance carried by Sublandlord hereunder, shall be paid by Subtenant in advance upon presentation of a paid invoice or other evidence of payment by Sublandlord. The annual cost of such insurance shall be paid by Subtenant in monthly or quarterly assessments, at Sublandlord's option upon receipt by Subtenant of a paid invoice or other written evidence of charges. Sublandlord shall deliver to Subtenant and any additional insureds, certificates for such fully paid for policies required by Article 11.01, before the Commencement Date and Sublandlord shall deliver to Subtenant and any additional insured certificates of renewal at least thirty (30) days before expiration. 11.02. Subtenant shall pay for and maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the operation of business therein, with Sublandlord and its Superior Lessor and Superior Mortgagee, as an additional party insured and loss payee on the policies insureds, with limits in amounts of not less than One Million Dollars $1,000,000 for single coverage and $2,000,000 umbrella coverage, ($1,000,000.00b) All Risk insurance for injury or death the sole benefit of Subtenant in respect of Subtenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, and all other property of Subtenant in the Demised Premises in any one person amounts not less than 80% of the full insurable value of the property covered and not less than One Million Dollars the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Subtenant shall deliver to Sublandlord and any additional insured(s) certificates for such fully paid-for policies required by Article 11.02(a), before the Commencement Date and Subtenant shall deliver to Sublandlord and any additional insured(s) certificates therefor at least thirty ($1,000,000.0030) for damages days before the expiration of any existing policy. 11.03. All policies required pursuant to property resulting from one casualtyArticle 11 shall be issued by companies licensed to do business in New Jersey and rated B+ or better by A.M. Best or some other reputable company that rates insurance companies, and One Million Dollars all such policies shall contain a provision whereby the same cannot be canceled unless Sublandlord and any additional insured(s) are given at least thirty ($1,000,000.0030) property damages in the aggregatedays' prior written notice of such cancellation. 11.04. Such policies of insurance shall provide that the coverage Neither party shall be primary irrespective liable or responsible for and each party hereby releases the other party from, all liability to such party and any person claiming by, through or under such party, by way of subrogation or otherwise, for any liability insurance provided by Landlord injury, loss or damage ---------------------- * Rent to any person or property in or around the Demised Premises or to Subtenant's business and Sublandlord and Subtenant shall require each other's insurers to include in all of the policies to be issued pursuant to this LeaseSublease, a clause or otherwise. Tenant shall keep such insurance in force during endorsement waiving the term insurers rights of this Lease subrogation against the other party and deliver certificates of insurance to against the Superior Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this LeaseSuperior Mortgagee.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies1. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenantshall, at its own cost and expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the Lease term of this Lease keep the building and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located improvements on the Leased Premises fully insured against loss or damage by fire and those risks such other contingencies covered by ‘‘extended coverage” a special form or all-risk insurance policy in an amount of not less than the full replacement cost of the building and improvements without provision for co-insurance or deductible in excess of $1,000.00. Said policy shall provide, subject to the rights of the holder of any mortgage of the fee of the Leased Premises (the "Mortgagee") if any, that all proceeds payable thereunder shall be paid directly to Landlord or the party designated by Landlord. Said policy shall also include business interruption or loss-of-rent insurance to insure, without provision for deductible or co-insurance, the payment of rent under Article III of this Lease, the payment of taxes and assessments under Article IV of this Lease, and the payment of insurance premiums under this Article V for a period of not less than twelve (12) months in the event of a casualty as provided contemplated by Article IX of this Lease. 2. Tenant shall, at its own cost and expense, during the Lease term carry commercial general liability insurance with respect to the Leased Premises and the business operated by Tenant in a Michigan standard fire the Leased Premises and including contractual liability for the indemnification obligations of Tenant contained in this Lease in an amount of not less than Three Million Dollars ($3,000,000.00) combined single limit per occurrence, or such greater limit as Landlord may reasonably determine in accordance with prudent real estate management practices. 3. Tenant shall, at its own cost and expense, during the Lease term carry boiler and machinery insurance policyin the amount of not less than the replacement value of the building and improvements on the Leased Premises, on any steam boilers, pressure vessels and pressure piping installed in the Leased Premises. Such policy All proceeds of such insurance shall be payable directly to Tenant or as Tenant specifiesLandlord. 4. Tenant hereby releases shall, at its own cost and expense, during the Lease term carry insurance against fire, vandalism, malicious mischief and such other perils as are from time to time included in a standard extended coverage endorsement, insuring any betterments and improvements made by Tenant to the Leased Premises and all merchandise, furniture, trade fixtures and other items of personal property located at the Leased Premises. 5. All insurance policies required hereunder shall be written by an insurance company or companies acceptable to Landlord and in the name of Landlord, Tenant, Mortgagee, if any, and any other party designated by Landlord, as their interests appear. Such insurance shall be written as primary policy coverage and not contributing with or in excess of any coverage which Landlord may carry and shall be non-cancelable and non-amendable without thirty (30) days written notice to all such parties. The original policies or evidence thereof shall be furnished to Landlord with evidence of timely payment of the premium therefor prior to the commencement of the Lease term and not less than thirty (30) days prior to the expiration of any coverage. Landlord may at any time and from time to time inspect and/or copy any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance policies required to be carried procured by Tenant under this Lease. 6. Notwithstanding the foregoing provisions of the Article, if the provisions of any mortgage of the fee of the Leased Premises require deposits for insurance premiums next due be made with the Mortgagee, Tenant shall make such deposits with Mortgagee. 7. Tenant hereby agrees to indemnify and hold Landlord harmless against and from any and all claims by or on behalf of any person arising from the conduct or management of or from any work or thing whatsoever done in or about the Leased Premises, or arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Lease, or arising from any act or negligence of Tenant, or any occupant of the Leased Premises or any part thereof, or of its or their agents, contractors, employees, guests, invitees, licensees or customers, or arising from any accident, injury or damage whatsoever caused to any person or property occurring during the term of this Lease in or about the Leased Premises, and from and against all judgments, costs, expenses and liabilities incurred in or about any such claim. Tenant, upon notice from Landlord, shall resist or defend such action or proceeding by counsel reasonably satisfactory to

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease commercial general liability insurance with a combined single limit for personal injury and deliver certificates property damage in an amount not less than $2,000,000, and employer's liability and workers' compensation insurance as required by law. Tenant's commercial general liability insurance policy shall be endorsed to provide that (1) it may not be cancelled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, (2) Landlord is named as additional insured, (3) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to subparagraph (b) below, and (4) such insurance is primary with respect to Lessor showing Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the opinion of Xxxxxxxx's insurance adviser, based on a substantial increase in recovered liability claims generally, the specified amounts of coverage are no longer adequate, within 30 days following Landlord's request, such coverage shall be appropriately increased. Tenant shall also obtain and maintain insurance ("Personal Property Insurance") covering leasehold improvements paid for by Tenant and Xxxxxx's personal property and fixtures from to time in, on, or at the Premises, in companies satisfactory an amount not less than 100% of the full replacement cost, without deduction for depreciation, providing protection against events protected under "All Risk Coverage," as well as against sprinkler drainage, vandalism, and malicious mischief. Any proceeds from the Personal Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions herein, Landlord shall receive any proceeds from the Personal Property Insurance allocable to Tenant's leasehold improvements. Tenant shall obtain and maintain business interruption insurance in an amount adequate to provide for payment of Base Rent and other amounts due Landlord under this Lease during a one year interruption of Tenant's business by fire or other casualty. Prior to the Landlordcommencement of the term, Tenant shall deliver to Landlord duplicates of such policies or certificates thereof with endorsements, and at least 30 days prior to the expiration of such policy or any renewal thereof, Tenant shall deliver to Landlord replacement or renewal binders, followed by duplicate Policies or certificates within a reasonable time thereafter. If Tenant shall fail fails to do soobtain such insurance or to furnish Landlord any such duplicate policies or certificates as herein required, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantmay, at its expenseelection, after written notice to Tenant (except that notice shall keep not be required if coverage has lapsed or threatens to lapse) but without any obligation so to do, procure and maintain such coverage and Tenant shall reimburse Landlord on demand as additional rent for any premium so paid by Landlord. Tenant shall have the right to provide all of insurance coverage required herein to be provided by Tenant pursuant to blanket policies so long as such coverage is expressly afforded by such policies. (b) Landlord hereby waives all claims against Xxxxxx, and Xxxxxx' s trustees, and its furnishingsand their officers, equipment directors, partners, employees, agents and other personal property located on the Leased Premises fully insured against representatives for loss or damage by fire to the extent that such loss or damage is insured against under any valid and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire collectable insurance policy. Such policy of insurance shall be payable to Tenant insuring Landlord or as Tenant specifies. Tenant hereby releases Landlord from any and all liability would have been insured against but for any deductible amount under any such policy, and Tenant waives all claims against Landlord including Landlord's trustees, and its and their officers, directors, partners, employees, agents and representatives (collectively, "Landlord's Parties") for loss or damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents insured against under any valid and collectable insurance policy insuring Tenant or employees and is not otherwise covered by insurance required to be carried maintained by Tenant under this Lease, or would have been insured against but for any deductible amount under any such policy. (c) As insurance is available to protect it, and as long as such waiver does not violate public policy, Tenant hereby waives all claims against Landlord and Landlord's Parties for damage to any property or injury to or death of any person in, upon or about the Premises, the Building or the Property arising at any time and from any cause, and Tenant shall hold Landlord and Landlord's Parties harmless from and defend Landlord and Landlord's Parties against (i) all claims for damage to any property or injury to or death of any person arising in or from the use of the Premises by Xxxxxx, except as to Landlord or any of Landlord's Parties such as is caused by the sole negligence or willful misconduct of Landlord or that of Landlord's Parties otherwise entitled to indemnification, or (ii) arising from the negligence or willful misconduct of Tenant, its employees, agents or contractors in, upon or about those portions of the Building other than the Premises. The foregoing indemnity obligation of Tenant shall include attorneys' fees, investigation costs and all other costs and expenses incurred by Landlord or any of Landlord's Parties from the first notice that any claim or demand is to be made or may be made. The provisions of this paragraph shall survive the expiration or termination of this Lease with respect to any damage, injury or death occurring prior to such time.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force maintain during the term of this Lease commercial general liability insurance with a combined single limit for personal injury and deliver certificates property damage in an amount not less than $2,000,000, and employer's liability and workers' compensation insurance as required by law. Tenant's commercial general liability insurance policy shall be endorsed to provide that (1) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without 30 days' prior written notice to Landlord, (2) Landlord is named as additional insured, (3) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to subparagraph (b) below, and (4) such insurance is primary with respect to Lessor showing Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the reasonable opinion of Landlord's insurance adviser, based on a substantial increase in recovered liability claims generally, the specified amounts of coverage are no longer adequate, within 30 days following Landlord's request, such coverage shall be appropriately increased. Tenant shall also obtain and maintain insurance ("Personal Property Insurance") covering leasehold improvements paid for by Tenant and Tenant's personal property and fixtures from time to time in, on, or at the Premises, in companies satisfactory an amount not less than 100% of the full replacement cost, without deduction for depreciation, providing protection against events protected under "All Risk Coverage," as well as against sprinkler damage, vandalism, and malicious mischief. Any proceeds from the Personal Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions herein, Landlord shall receive any proceeds from the Personal Property Insurance allocable to Tenant's leasehold improvements. Tenant shall obtain and maintain business interruption insurance in an amount not less than the greater of Tenant' s annual gross revenue or an amount adequate to provide for payment of Base Rent and other amounts due Landlord under this Lease during a one year interruption of Tenant's business by fire or other casualty. Prior to the Landlord. If commencement of the term, Tenant shall fail deliver to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss duplicates of such personal property from any cause whatsoever except policies or certificates thereof with endorsements, and at least 30 days prior to the extent expiration of such loss policy or damage is the result of the negligence of Landlordany renewal thereof, its agents Tenant shall deliver to Landlord replacement or employees and is not otherwise covered renewal binders, followed by insurance required to be carried by Tenant under this Lease.duplicate policies or certificates within a reasonable time

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies..10.1. Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force maintain during the term of this Lease commercial general liability insurance with a combined single limit for personal injury and property damage in an amount not less than $500,000 and employer’s liability and workers’ compensation insurance as required by law. Tenant’s commercial general liability insurance policy shall be endorsed to provide that (1) it may not be cancelled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice to Landlord, (2) Landlord is named as additional insured, (3) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to Section 10.2 below, and (4) such insurance is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. Tenant shall also obtain and maintain insurance (“Personal Property Insurance”) covering leasehold improvements paid for by Tenant and Xxxxxx’s personal property and fixtures in, on, or at the Premises, in an amount not less than one hundred percent (100%) of the full replacement cost, without deduction for depreciation, providing protection against events protected under “All Risk Coverage,” as well as against sprinkler damage, vandalism, and malicious mischief. Any proceeds from the Personal Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions herein, Landlord shall receive any proceeds from the Personal Property Insurance allocable to Tenant’s leasehold improvements. Tenant shall deliver to Landlord duplicates of such policies or certificates of insurance to Lessor showing such coverage in companies satisfactory thereof with endorsements, and at least thirty (30) days prior to the Landlord. If expiration of such policy or any renewal thereof, Tenant shall fail deliver to do soLandlord replacement or renewal binders, followed by duplicate policies or certificates within a reasonable time thereafter. This clause may be waived for single offices without regular client traffic at discretion of the landlord. ..10.2. Landlord may obtain the insurance hereby waives all claims against Xxxxxx and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against Xxxxxx’s Representatives for loss or damage by fire to the extent that such loss or damage is insured against under any valid and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire collectable insurance policy insuring Landlord or would have been insured against but for any deductible amount under any such policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases waives all claims against Landlord from any and all liability Landlord’s Representatives for any loss or damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents insured against under any valid and collectable insurance policy insuring Tenant or employees and is not otherwise covered by insurance required to be carried maintained by Tenant under this Lease, or would have been insured against but for any deductible amount under any such policy. ..10.3. As such waiver does not violate public policy and insurance is available to protect it, Landlord and Tenant each hereby waives all claims against the other and the other’s representatives for damage to any property or injury to or death of any person in, upon or about the Premises, the Building, or the Project arising at any time and from any cause, and Landlord and Tenant shall each hold the other and the other’s representatives harmless from and defend the other and the other’s representatives against (i) all claims and liabilities for damage to any property or injury to or death of any person arising in or from the use of the Premises by the other, except as to the other and the other’s representatives such claims or liabilities as are caused by the gross negligence or willful misconduct of the person or entity otherwise entitled to indemnification, or (ii) arising from the negligence or willful misconduct of the other, its employees, agents, or contractors in, upon, or about those portions of the Building or the Project other than the Premises. The foregoing indemnity obligations of Landlord and Tenant shall include attorneys’ fees, investigation costs, and all other costs and expenses incurred by the other or by any of the other’s representatives from the first notice that any claim or demand is to be made or may be made. The provisions of this Section 10.3 shall survive the expiration or termination of this Lease with respect to any damage, injury, or death occurring prior to such time.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” Lessor shall carry public liability insurance on the common areas providing coverage of not less than One Million Dollars ($1,000,000.00) against liability for bodily injury including death and personal injury for any one occurrence and Two Hundred Fifty Thousand Dollars ($250,000.00) property damage insurance or combined single limited insurance in the amount of One Million Dollars ($1,000,000.00). Lessor shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Lessor insuring all improvements on Lessor's property including the premises and all leasehold improvements thereon and appurtenances thereto (excluding Lessee's personal property, trade fixtures, furnishings, equipment, and excluding glass) for the full replacement cost of the Building and improvementsinsurable value thereof, with such deductibles as Lessor deems advisable. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance Lessee shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain carry public liability insurance for on the benefit of itself and Landlord premises during the term hereof, covering Lessee and naming Landlord Lessor as an additional party named insured and loss payee on with companies satisfactory to the policies with Lessor, for limits in amounts of not less than One Million Dollars ($1,000,000.00) for bodily injury or including death of and personal injury for any one person and not less than occurrence, Two Hundred Fifty Thousand Dollars ($250,000.00) property damage insurance or a combined single limit of One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate). Such policies of Lessee's insurance shall provide that Lessor be given a minimum of ten (10) days written notice by the coverage insurance company of cancellation, termination or change in such insurance. Lessee shall be primary irrespective carry insurance against fire and a standard "Risk" policy of any liability property insurance provided protecting against all covered risks or perils of physical loss or damage, including by Landlord pursuant not limited to this Leasesprinkler leakage and plate glass insurance in amounts not less than the actual cost of replacing Lessee's merchandise, equipment, fixtures and furnishings with reasonable deductibles. Lessee shall provide Lessor at Lessor's request, copies of the policies or otherwise. Tenant shall keep certificates evidencing that such insurance is in full force during and effect. The minimum limits of the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such comprehensive liability policy of insurance shall be payable to Tenant in no way limit or as Tenant specifies. Tenant hereby releases Landlord diminish Lessee's liability under Article XV(c) hereof. (c) Lessee shall indemnify, save harmless and at Lessor's option, defend Lessor, its agents, employees and mortgagee, if any, from and against any and all liability for liability, liens, claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any damage and every kind and nature arising or growing out of in anyway connected to Lessee's use, occupancy or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result control of the negligence premises or Lessee's operations, conduct or activities at the leased premises. The obligations contained in this Article to indemnify Lessor and hold Lessor harmless shall survive the termination of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above[NOTE: SUBJECT TO REVIEW BY RISK MANAGEMENT.] SECTION 9.1 INSURANCE BY TENANT. Tenant will, Landlord shall keep at its cost and expense, obtain and maintain at all times during the PropertyLease Term, Building and Improvements insured commercial general liability insurance with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability a combined personal injury and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.001,000,000) for injury or death of any one person each occurrence and not less than One Two Million Dollars ($1,000,000.002,000,000) in the aggregate for damages to property resulting from one casualtythis location, insuring against all liability of Tenant and its representatives arising out of and in connection with Tenant’s use, maintenance or occupancy of the Premises and all areas appurtenant thereto. Landlord, and One Million Dollars ($1,000,000.00) property damages other parties designated by Landlord and having an interest in the aggregateBuilding, will be named as additional insured. Tenant will increase its insurance coverage as may be required from time to time if, in the reasonable opinion of Landlord or Landlord’s mortgagee, the amount of public liability coverage at that time is not adequate. The limits of such insurance will not, however, limit the liability of Tenant hereunder. Tenant will furnish Landlord a certificate evidencing such insurance, prepared on the XXXXX 27 form or other form reasonably acceptable to Landlord. Such policies of insurance shall provide that will contain provisions or endorsements preventing their cancellation, discontinuance or alteration without at least thirty (30) days’ prior written notice to Landlord. The insurance secured by Tenant will insure performance by Tenant of the indemnity provisions of this Lease to the extent of claims for bodily injury and property damage, will be considered primary and not in excess of coverage shall be primary irrespective Landlord may carry, and will afford coverage after the termination of any liability insurance provided by Landlord pursuant to this LeaseLease for all claims based on acts, omissions, injury or otherwise. Tenant shall keep such insurance damage which occurred or arose in force whole or in part during the term of this Lease Lease. The insurance secured by Tenant will apply on a primary basis to Landlord, even if Landlord has other liability coverage. Tenant will at its expense obtain and deliver certificates of maintain all-risks property and casualty insurance to Lessor showing such coverage coverage, written at replacement cost value and with replacement cost endorsement, covering all Tenant’s personal property in companies satisfactory the Premises and all improvements, alterations or additions made to the Premises by Tenant, but exclucing improvements constructed by Landlord as part of Landlord’s Work, which improvements shall be insured under Landlord’s all-risk insurance policy. All insurance required under this section will be issued by insurance companies licensed to do business in the jurisdiction where the Building is located. Such companies will have a policyholder rating of at least “A” and be assigned a financial size category of at least “Class X” as rated in the most recent edition of “Best’s Key Rating Guide.” If Tenant shall fail fails to do socomply with the aforesaid requirements, Landlord may obtain the such insurance and charge keep the same in force and effect and Tenant will pay Landlord the cost to Tenant thereof, on demand, as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this LeaseAdditional Rent.

Insurance and Indemnity. Subject 12.1 Tenant shall, at Tenant's expense, obtain and keep in force during the Lease Term, a special form policy of commercial general liability insurance, with contractual liability broad form general liability endorsement, with general liability and general aggregate amount and per occurrence limits of at least $3,000,000.00, covering any and all claims for injuries to Paragraph 4(d) abovePersons in or upon the Leased Premises, insuring the indemnity provisions set forth in this Article. Landlord shall have the right, exercisable in its sole judgment, at any time by giving prior written notice thereof to Tenant, to require Tenant to: (i) increase the limit and coverage amount of any insurance Tenant is required to maintain pursuant to this Section to an amount that Landlord or Landlord’s Lender may, in its sole judgment, deem sufficient; or (ii) purchase other insurance and/or endorsements in such amounts or types as Landlord or Landlord’s Lender may require from time to time. 12.2 Tenant shall, at Xxxxxx's expense, obtain and keep in force during the PropertyLease Term, Building a policy or policies of property damage liability insurance, with limits of not less than $300,000.00, together with broad form all peril coverage for the full replacement value of Tenant's property, including, but not limited to, inventory, trade fixtures, furnishings and Improvements insured with an other personal property. 12.3 Tenant shall, at Tenant’s expense, obtain and keep in force during the Lease Term the following property insurance company rated by A.M. Best as A- or better against policy insuring the followingLeased Property against: (a) Loss or damage commonly covered by a “All RiskSpecial Form” coverage policy insuring against physical loss or damage to the improvements and personal property, including but not limited to, risk of loss from fire and other hazards, collapse, transit coverage, vandalism, malicious mischief, theft, (if the Leased Property is in earthquake zone 1 or 2) and sinkholes (if usually recommended in the area of the Leased Property). The policy shall be in the amount of the full replacement value of the improvements (currently covered in the amount of $3,268,525.00) and personal property and shall contain a deductible amount acceptable to Landlord. The policy shall include a stipulated value endorsement or agreed amount endorsement and endorsements for contingent liability for operations of building laws, demolition costs and increased cost of the Building and improvementsconstruction. (b) public liability If applicable, loss or damage by explosion of steam boilers, pressure vessels, or similar apparatus, now or hereafter installed on the Leased Property, in commercially reasonable amounts acceptable to Landlord. (c) Consequential loss of rents and property income coverage insuring against all “Special Form” risk of physical loss or damage insurance with coverage limits and deductible amounts acceptable to Landlord covering risk of loss during the first twelve (12) months of reconstruction, and containing an endorsement for extended period of indemnity of at least One Million Dollars six ($1,000.000.006) on months, and shall be written with a combined single limit basis. All such policies stipulated amount of coverage if available at a reasonable premium. (d) If the Leased Property is located, in whole or in part, in a federally designated 100-year flood plain area, flood insurance for the improvements in an amount equal to the lesser of: (i) the full replacement value of the improvements; or (ii) the maximum amount of insurance available for the Improvements under all federal and private flood insurance programs. (e) Loss or damage caused by the breakage of plate glass in commercially reasonable amounts acceptable to Landlord. (f) Loss or damage commonly covered by blanket crime insurance including employee dishonesty, loss of money orders or paper currency, depositor’s forgery, and loss of property of patients accepted by Tenant for safekeeping, in commercially reasonable amounts acceptable to Landlord. (g) Loss or damage commonly covered by a, so called, environmental liability policy in commercially reasonable amounts acceptable to Landlord. 12.4 Tenant shall, at Tenant's expense, obtain and keep in force the following insurance: (a) business income insurance covering all insurable risks in an amount equal to one (1) year's Rent; (b) Worker's Compensation Insurance covering all Persons employed, directly or indirectly in connection with any work, repair, or alteration performed by Tenant and all Employees and agents of Tenant as required by Applicable Law; (c) special form insurance insuring against physical loss or damage to Xxxxxx’s personal property, fixtures, and equipment; and (d) in connection with any construction by Tenant, a builder’s completed value risk policy of insurance in a non-reporting form insuring against all “special form” risk of physical loss or damage to the improvements, including endorsements providing coverage for building materials and supplies and temporary premises. The builder’s risk policy shall be payable in the amount of full replacement value of the improvements and shall contain a deductible in commercially reasonable amounts acceptable to Landlord or as Landlord specifies. Landlord. 12.5 Tenant shall shall, and does hereby, indemnify Landlord against and save hold Landlord harmless from any. liability and against all claims, loss, cost, damage or claim for damages which may be asserted against expense arising, unless due to the gross negligence or willful misconduct of Landlord or its agents and employees, from: (a) Tenant's use of the Leased Premises or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by reason of any accident or casualty occurring inTenant, on its agents, contractors, employees, invitees, licensees, sub-tenants and guests, in or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of elsewhere; (b) the utilities located within or under the Leased Premises except causing injury to any Persons or property whomsoever or whatsoever; (c) any act or omission of Tenant, its agents, contractors, employees, invitees, licensees, subtenants and guests; and (d) any breach of this Lease by Tenant. This indemnity includes all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such as arise from claim or any action or proceeding brought thereon, and shall, at Landlord's election, either defend Landlord with counsel acceptable to Landlord or pay the negligence cost of Landlord's counsel when due. 12.6 Landlord shall not be liable to Tenant for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of, nor to Tenant, Tenant's agents, contractors, employees, invitees, licensees, subtenants and guests, or any other Person in or about the Leased Premises, whether the damage or injury results from a condition existing or arising in the Leased Premises, or from other sources or places, unless due to the gross negligence or willful misconduct of Landlord or its agents or employees. Tenant. 12.7 Tenant hereby releases Landlord, at its expenseofficers, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtydirectors, shareholders, employees, agents, contractors, and One Million Dollars invitees ($1,000,000.00“Landlord Parties”) property damages from any and all claims or causes of action whatsoever which Tenant might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the aggregate. Such policies of insurance shall provide that the coverage shall deductible and/or uninsured portion thereof, maintained and/or required to be primary irrespective of any liability insurance provided maintained by Landlord Tenant pursuant to this Lease, or otherwise. Tenant shall keep such cause its insurance and extended coverage policies in force during respect of Tenant's property to contain a waiver of subrogation provision. 12.8 Any insurance policies required to be maintained by Tenant hereunder shall name Landlord and Landlord’s Lender as additional insureds and loss payees as their interests may appear. Additional insured status on the term of this Lease and deliver certificates of commercial general liability insurance to Lessor showing such coverage in companies shall be by an endorsement satisfactory to the Landlord or provided on ISO Form 2026 or its equivalent, without modification, as elected by Landlord and Landlord’s Lender. 12.9 Such insurance policies may not be modified or terminated without thirty (30) days prior written notice to Landlord and Xxxxxxxx’s Lender. If Tenant Insurance required hereunder shall fail be issued by reputable and independent insurers permitted to do so, Landlord may obtain business in the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on State in which the Leased Premises fully insured against loss is located and rated in Best's Insurance Guide, or damage by fire and those risks covered by ‘‘extended coverage” any successor thereto (or, if there be none, an organization having a national reputation) as provided in having a Michigan standard fire insurance policygeneral policyholder rating of A-V or better. Such policy policies or duly executed certificates of insurance insurance, reflecting all the requirements of this Article, shall be payable promptly delivered to Tenant or Landlord and Landlord’s Lender and renewals thereof as Tenant specifies. Tenant hereby releases required shall be delivered to Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except Landlord’s Lender at least thirty (30) days prior to the extent such loss or damage is the result expiration of the negligence of Landlord, its agents or employees and is not otherwise covered by respective policies. 12.10 Each policy evidencing the insurance required to be carried by Tenant under this LeaseLease shall contain a clause that such policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord Lessor shall keep the Property, Building pay all ad valorem and Improvements insured with an insurance company rated by A.M. Best as A- or better other taxes assessed against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building above described building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force leased premises during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant lease; provided, Lessee shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep pay all taxes upon all of its furnishings, equipment and other Lessee's personal property located on the Leased Premises fully insured against leased premises. Lessor shall carry and maintain such fire and extended coverage insurance on the building, fixtures and leased premises as Lessor may determine advisable, at the expense of the Lessor, and in the event of any loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such destruction, all of the proceeds of any such policy of insurance shall be payable to Tenant the Lessor alone. Lessee shall carry such insurance as Lessee may deem advisable, at the expense of Lessee, on any and all improvements, stock, merchandise, fixtures or other personal property of Lessee contained in the building, and the proceeds of any loss thereunder shall be payable to Lessee alone. In the event any activity of Lessee or any approve improvement made by Lessee to the leased premises results in an increased fire insurance rate, then in addition to the above stipulated rental, the Lessee shall pay the increase in the fire insurance premiums caused by such activity, change or improvement. During the term hereof, Lessee shall maintain in full force and effect at all times, for the benefit of Lessee and Lessor, as Tenant specifiestheir respective interest may appear, public liability and property damage insurance issued by a fully qualified insurance company or companies for the leased premises, with limits of at lease $100,000.00 with respect to death of or injury to any one person, $300,000.00 with respect to death of injury in any one accident, and $100,000.00 with respect to loss or destruction of or damage to property. Tenant Lessee, shall, upon request, furnish to Lessor appropriate certificates of each insurance. Lessee hereby releases Landlord indemnifies and agrees to hold Lessor harmless from any and all liability for any costs, including attorney's fees, loss, damage or expense arising out of death of or injury to persons, or loss of such personal or damage to property in connection with the occupancy of the leased premises by Lessee. Lessor shall not be liable for damage to any of Lessee's property located in the leased premises caused by fire, burst, stopped or leaking water, gas, plumbing fixtures or sewer pipes or from any cause whatsoever except failure to properly deliver any utility service to the extent such loss lease premises, unless it be shown that Lessor shall have been guilty of gross negligence. It is understood and agreed that Lessee intends to use the premises for manufacturing. No other business or damage is occupation shall be conducted hereon without the result prior written consent of Lessor. Any business of any kind operated upon the negligence of Landlord, its agents or employees premises shall be in accordance with all applicable ordinances and is not otherwise covered by insurance required to be carried by Tenant under this Leasestatutes.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Section 7.1 Tenant’s Insurance Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenantmaintain, at its own cost and expense, shall obtain public with responsible companies approved by Landlord, commercial general liability insurance for the benefit of itself and insurance, insuring Landlord and naming Landlord Tenant, as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) their interests may appear, against all claims, demands or actions for bodily injury, personal injury or death of any one person and in an amount of not less than One Million Dollars ($1,000,000.00) ; and for damages bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property resulting from one casualty, in an amount of not less than $500,000.00. Landlord shall have the right to direct Tenant to increase coverage within reasonable amounts whenever it considers them inadequate. Such liability insurance shall also cover and One Million Dollars ($1,000,000.00) property damages include all exterior signs maintained by Tenant. The policy of insurance may be in the aggregate. Such policies form of insurance shall provide a general coverage or floater policy covering these and other premises, provided that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwiseis specifically insured therein. Tenant shall keep such insurance carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the LandlordPremises. If Tenant shall fail to do so, Landlord may obtain maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘or windstorms, with such endorsements for extended coverage” , vandalism, malicious mischief and special extended coverage as provided Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least thirty (30) days’ prior written notice to Landlord. Any insurance procured by Landlord or Tenant as herein required shall contain an express waiver of any right of subrogation by the insurance company against Landlord. Certificates of insurance, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord with evidence of proof of payment upon renewal of any such policy, not less than thirty (30) days’prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall maintain a Michigan like amount of commercial general liability insurance covering the Center, including, but not limited to sidewalks and parking lots. Section 7.2 Extra Hazard Insurance Premiums Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Premises any article or permit any activity which may be prohibited by the standard form of fire or public liability insurance policy. Such policy Tenant agrees to pay any increase in premiums for fire and extended coverage or public liability insurance which may be carried by Landlord on the Premises or the Center of insurance shall be payable to which they are a part, resulting from the type of merchandise sold or services rendered by Tenant or as Tenant specifies. Tenant hereby releases activities in the Premises, whether or not Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except has consented to the extent such loss or damage is same. In determining whether increased premiums are the result of Tenant’s use of the negligence Premises, a schedule, issued by the organization making the insurance rate on the Premises, showing various components of Landlordsuch rate, its agents shall be conclusive evidence of the several items and charges which make up the fire and public liability insurance rate on the Premises. Tenant shall not knowingly use or employees and is not otherwise covered by insurance required occupy the Premises or any part thereof, or suffer or permit the same to be used or occupied for any business or purpose deemed extra hazardous on account of fire or otherwise. In the event Tenant’s use and/or occupancy causes any increase of premium for the fire, boiler and/or casualty rates on the Premises or any part thereof above the rate for the normal occupancy legally permitted in the Premises, Tenant shall pay such additional premium on the fire, boiler and/or casualty insurance policy that may be carried by Landlord for its protection. Bills for such additional premiums shall be rendered by Landlord to Tenant and shall be due from and payable by Tenant within fifteen (15) days after received in writing. Failure to pay amounts due hereunder shall be default by Tenant under this Lease. Landlord has received no notice from its insurance carrier of any increase in Landlord’s insurance costs resulting from the nature of Tenant’s occupancy of the Premises.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep maintain or cause to be maintained All-Risk insurance in respect of the Property, Building and Improvements insured other improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with an insurance company rated under Section 13.02 and similar property of other tenants and occupants of the Building and except for buildings and other improvements which are on land neither owned by A.M. Best nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as A- their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by Prime Landlord or better against any Superior Lessor or any Superior Mortgagee. The All-Risk insurance will be in the followingamounts required by the Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect to the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) “All Risk” coverage comprehensive general public liability insurance in respect of tne Demised Premises and the conduct and operation of business therein, with limits of not less than $6,000,000 for bodily injury or death and $3,000,000 for property damage, including water damage and sprinkler leakage legal liability, (b) All-Risk insurance in respect to Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs, and all other property of Tenant in the amount Demised Premises, in any amounts required by Prime Landlord or any Superior Lessor or any Superior Mortgagee but not less than 80% of the full replacement cost insurable value of the Building property covered and improvements. not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies; (bc) public liability workers' compensation insurance; (d) rental insurance in an amount equal to not less than one (1) year's Fixed Rent and property damage Additional Rent, which shall be automatically renewable annually and (e) any other insurance required for compliance with coverage of the Insurance Requirements. Tenant shall deliver to Landlord and any additional insured(s) certificates for such fully paid-for policies at least One Million Dollars ($1,000.000.0010 days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) on a combined single limit basiscertificates therefor at least 30 days before the expiration of any existing policy. All such policies of insurance shall be payable issued by companies of recognized responsibility licensed to do business in New Jersey, and all such policies shall contain a provision whereby the insurer shall provide written notice to Landlord and any additional insured(s) at least twenty (20) days prior to cancellation or as Landlord specifiesmodification of such policies. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect to the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Use. Landlord shall give Tenant written notice in the event Landlord becomes aware of Tenant's breach of the provisions Of this Section 13.03. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord against Landlord, Prime Landlord, Superior Lessors and save Landlord the Superior Mortgagees, and hold Landlord, Prime Landlord, Superior Lessors and Superior Mortgagees harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. Landlord represents that the Permitted Use complies with Landlord's Insurance Requirements. 13.04. Subject to Section 13.03 and to the extent not covered by Tenant's insurance, Tenant shall indemnify, defend and hold harmless Landlord, Prime Landlord, Superior Mortgagee and all Superior Lessors and their respective partners, joint venturers, directors, officers, agents, servants and employees from and against any and all claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any business therein or any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, caused by Tenant, its agents, servants, representatives or employees; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents, employees or contractors; (c) any accident, injury or damage whatever (unless caused solely by Landlord's negligence) occurring in the Demised Premises, caused by Tenant, its agents, servants, representatives or employees; and (d) any breach or default by Tenant in the full and prompt payment and performance of Tenant's obligations under this Lease. liability Tenant's obligation to indemnify shall also include all costs, expenses and liabilities incurred in or in connection with each such claim for damages which may be asserted or action or proceeding brought thereon, including without limitation, all reasonable attorney's fees, expert fees and expenses. In case any action or proceeding is brought against Landlord Landlord, Prime Landlord, Superior Mortgagee and/or any Superior Lessor and/or its or their partners, joint venturers, directors, officers, agents and/or employees by reason of any accident or casualty occurring insuch claim, on or about the Leased Premises or otherwise arising Tenant upon notice from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. TenantPrime Landlord, at its expenseSuperior Mortgagee and/or such Superior Lessor, shall obtain public liability insurance for the benefit of itself resist and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury defend such action or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided proceeding by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies counsel reasonably satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. 11.01 Tenant, at its expense, shall obtain public and keep in full force and effect a policy of commercial general liability insurance under which Tenant is named as the insured and Landlord, Landlord’s managing agent and any superior lessors and any mortgagees (whose names shall have been furnished to Tenant) are named as additional insureds, and which shall contain a contractual liability endorsement insuring Tenant from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, costs, liabilities and damages referred to in Section 11.03. Such policy shall have deductibles no greater than five thousand and no/100 ($5,000.00) dollars. Such policy shall be primary insurance for all additional insureds and contain a provision that no act or omission of Tenant shall affect or limit the benefit obligation of itself the insurance company to pay the amount of any loss sustained and that the policy shall be non-cancelable with respect to Landlord and naming superior lessors and mortgagees (whose names shall have been furnished to Tenant) nor shall the amount thereof be reduced unless thirty (30) days’ written notice shall have first been given to Landlord as an additional party by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and loss payee on the policies additional insureds. The minimum limits of liability shall be a combined single limit with limits respect to each occurrence in amounts an amount of not less than One Million Dollars two million and no/100 ($1,000,000.002,000,000.00) dollars for injury (or death of death) or damage to property arising from any one person occurrence and not less than One Million Dollars three million and no/100 ($1,000,000.003,000,000.00) for damages to property resulting dollars from one casualty, the aggregate of all occurrences within each policy year and One Million Dollars ($1,000,000.00) property damages in such policy shall include a provision that said aggregate limit shall apply separately at the aggregate. Such policies of insurance Demised Premises and that said insurer shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant notice to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If the aggregate limit applying to the Demised Premises is reduced by the payment of a claim or establishment of a reserve, Tenant shall fail take immediate steps to do so, Landlord may obtain have the insurance and charge aggregate limit restored by endorsement to the cost to Tenant as existing policy or the purchase of an additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a “Best’s Rating” of “A-” and a “Financial Size Category” of at least “7” or if such ratings are not then in effect, their equivalent. Such insurance may be carried under a blanket policy covering the Demised Premises and other locations of Tenant, if any, provided such policy contains an endorsement (i) naming Landlord and any person and entity designated by Landlord as additional insureds, (ii) specifically referencing the Demised Premises; and (iii) guaranteeing a minimum limit available for the Demised Premises equal to the limits of liability required under this Lease. 11.02 Tenant shall immediately notify Landlord of any fire or accident in the Demised Premises. 11.03 Tenant acknowledges that Landlord shall not be required to insure Tenant’s Changes or Tenant’s Property. Tenant agrees that if any such alterations or any of Tenant’s Property shall be damaged, Tenant shall look solely to itself and/or any insurance it may elect to maintain for reimbursement and to be made whole for such damage and losses. Tenant shall cooperate with Landlord and Landlord’s insurance companies in the adjustment of any claims for any damage to the Building. 11.04 On the Commencement Date, Tenant shall deliver to Landlord appropriate certificates of insurance stating that the appropriate insurance policy has been issued and permitting the certificate holder to rely on the fact insurance has been issued and is in full force and effect, including evidence of waivers of subrogation required to be carried pursuant to Section 11.05. Evidence of each renewal or replacement of a policy shall be delivered by Tenant to Landlord at least thirty (30) days prior to the expiration of such policy. 11.05 Tenant shall cause each insurance policy carried by Tenant and insuring the Demised Premises, its improvements, changes, alterations, fixtures, contents and the other Tenant’s Property against loss, to be written in a manner so as to provide that the insurance company waives all right of recovery by way of subrogation against Landlord in connection with any loss or damage covered by any such policies. Landlord shall not be liable to Tenant or any person or entity claiming by or through Tenant for any loss or damage caused by fire or any of the risks enumerated in Tenant’s policies or for any indemnity with respect thereto provided such waiver was in effect with respect to such policies at the time of such loss or damage, or for any other loss or damage due to any other cause which would customarily be covered by a standard extended coverage casualty policy whether or not proceeds are available to Tenant. 11.06 Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. None of Landlord, its agents, any superior mortgagee or superior lessor shall be liable for any injury or damage to Persons or property, or interruption of Tenant’s business, resulting from fire or other casualty; nor shall any of Landlord, its agents, any mortgagee or superior lessor be liable for any such damage caused by other tenants or Persons in the Building or caused by construction of any private, public or quasi-public work; nor shall Landlord be liable for any latent defect in the Demised Premises or in the Building (except that Landlord shall be required to repair the same to the extent provided in Article 3). 11.07 Unless otherwise expressly required herein, Tenant shall not do or permit to be done any act or thing upon the Demised Premises which shall invalidate or be in conflict with a standard Insurance Services Office “all-risks” insurance policy or comparable broad form coverage such as is provided under the ISO Commercial Risks Services, Inc., 1983 Form entitled “Causes of Loss - Special Form”; and shall not do, or permit anything to be done in or upon the Demised Premises, or bring or keep anything therein, except as now or hereafter permitted by the Xxx Xxxx Xxxx Xxxx Xxxxxxxxxx, Xxx Xxxx Board of Fire Underwriters, New York Fire Insurance Rating Organization or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the rate for fire insurance applicable to the Building, or use the Demised Premises so as to increase the rate of fire insurance on the Building or on property located therein, over that in similar type buildings or in effect on the Commencement Date. 11.08 If by reason of Tenant’s failure to comply with the provisions of this Article 11, the fire insurance rate shall be higher than it otherwise would be, then Tenant shall desist from doing or permitting to be done any such act or thing and shall reimburse Landlord, as additional rent hereunder, for that portion of all fire insurance premiums thereafter paid by Landlord which shall have been charged because of such failure by Tenant, and shall make such reimbursement upon demand by Landlord. In any action or proceeding wherein Landlord and Tenant are parties, a schedule or “make up” of rates for the Building or the Demised Premises issued by the New York Fire Insurance Rating Organization, or other body fixing such fire insurance rates, shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rates then applicable to the Building. 11.09 Tenant shall not do or permit any act or thing to be done upon the Demised Premises which may subject Landlord to any liability or responsibility for injury, damages to Persons or property or to any liability by reason of any violation of Applicable Laws, but shall exercise such control over the Demised Premises as to fully protect Landlord against any such liability. 11.10 Tenant shall indemnify and save harmless Landlord, all superior lessors and all superior mortgagees and each of their respective partners, directors, officers, shareholders, principals, agents and employees (collectively, the “Indemnitees”) from and against (i) all actual third party claims of whatever nature against the Indemnitees to the extent arising from any act or omission of Tenant, its contractors, licensees, agents, servants or employees; (ii) all actual third party claims against the Indemnitees to the extent arising from any accident, injury or damage whatsoever caused to any Person or to the property of any Person and occurring during the Term in the Demised Premises, except to the extent caused by the negligent or wrongful act of Landlord or its employees, agents or contractors and (iii) all actual third party claims against the Indemnitees arising from any accident, injury or damage occurring outside of the Demised Premises but anywhere within or about the Real Property, to the extent such accident, injury, or damage results from any act or omission of Tenant or Tenant’s agents or employees. Tenant agrees that with respect to insurance for claims for personal injury or damage to property of Persons other than Landlord or Tenant in or about the Demised Premises, Tenant’s insurance shall be primary without contribution from any other insurance carried by or for the benefit of Landlord or any other Indemnitee. Tenant shall indemnify and save harmless Landlord and its agents against and from (a) any and all claims (i) arising from (x) the conduct or management by Tenant (or its permitted subtenants or assignees) of the Demised Premises or of any business therein, or (y) any work or thing whatsoever done by Tenant during the term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, or (ii) arising from any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants or its or their employees, invitees, agents or contractors, or (iii) arising from Tenant’s failure to perform any of the covenants or conditions under this Lease, and (b) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including reasonable attorneys’ fees. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Landlord, at Tenant’s sole cost and expense, shall reasonably cooperate in the defense of any claim hereunder. Landlord shall not settle any such claim without Tenant’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed. 11.11 Landlord shall indemnify and save harmless Tenant, all superior lessors and each of their respective partners, directors, officers, shareholders, principals, agents and employees (collectively, the “Tenant Indemnitees”) from and against (i) all actual third party claims of whatever nature against the Tenant Indemnitees to the extent arising from any act or omission of Landlord, its contractors, licensees, agents, servants or employees, (ii) all actual third party claims against the Tenant Indemnitees to the extent arising from any accident, injury or damage whatsoever caused to any Person or to the property of any Person and occurring during the Term in Demised Premises except if caused by the negligence or willful misconduct of Tenant, its agents, employees and/or contractors and (iii) all actual third party claims against the Tenant Indemnitees to the extent arising from any accident, injury or damage occurring outside of the Demised Premises but anywhere within or about the Real Property, where such accident, injury, or damage results from any act of Landlord, Landlord’s agents or employees. Landlord agrees that with respect to insurance for claims for personal injury or damage to property of Persons other than Landlord or Tenant in or about the Demised Premises, Landlord’s insurance shall be primary without contribution from any other insurance carried by or for the benefit of Tenant or any other Tenant Indemnitee. Landlord shall indemnify and save harmless Tenant and its agents against and from (a) any and all claims (i) arising from (x) any negligent or otherwise wrongful act or omission of Landlord or any of its tenants or its or their employees, invitees, agents or contractors, (ii) arising from any negligent or otherwise wrongful act of Landlord or its employees, invitees, agents or contractors, or (iii) arising from Landlord’s failure to perform any of the covenants or conditions under this Lease, and (b) all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including reasonable attorneys’ fees. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Tenant, at Landlord’s sole cost and expense, shall reasonably cooperate in the defense of any claim hereunder. Tenant shall not settle any such claim without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 11.12 If any claim, action or proceeding is made or brought against Landlord, which claim, action or proceeding Tenant shall be obligated to indemnify Landlord against, pursuant to the terms of this Lease, then, upon demand by Landlord, Tenant, at its sole cost and expense, shall resist or defend such claim, action or proceeding in Landlord’s name, if necessary, by such attorneys as Landlord shall approve, which approval shall not be unreasonably withheld. Attorneys for Tenant’s insurer shall hereby be deemed approved for purposes of this Section. 11.13 The provisions of this Article 11 shall survive the expiration or earlier termination of the term hereof. 11.14 Landlord represents that at the time of execution of this Lease Landlord carries “Causes of Loss - Special Form” insurance with coverage for 100% of replacement cost of the Building.

Insurance and Indemnity. Subject Throughout the Term, Tenant at its expense shall procure and maintain public liability insurance with respect to Paragraph 4(d) above, Landlord shall keep the use and occupancy of the Property, Building with combined limits of at least $1,000,000, and Improvements Landlord of the Property shall at all times be named as an additional insured with an thereon. Each such liability policy shall provide that it cannot be canceled without thirty (30) days’ prior written notice to Landlord and each such mortgagee. Landlord reserves the right to place rent insurance company rated by A.M. Best as A- or better on the Property, insuring against the following: (aloss of rental income from this Lease in an amount not to exceed one year’s rent. Tenant shall reimburse Landlord for the cost of all such policies of insurance placed by Landlord. The cost of such insurance shall be additional rent due under this Lease and shall be paid by Tenant, either in equal monthly installments or on the anniversary date of such policy, at Landlord’s option. Throughout the Term, Tenant at its expense shall procure and maintain insurance, naming Landlord and its mortgagee(s) “All Risk” coverage as insured parties, which covers the Property against fire, windstorm and such other risks as may be included in all risk type insurance as may from time to time be available, in the amount of the full replacement cost insurable value of the Building Property, and improvements. with such endorsements as Landlord deems appropriate in the exercise of its reasonable business judgment. Such insurance shall be issued so as to be in compliance with the requirements of any mortgage encumbering the Property. Throughout the Term, Tenant at its expense also shall procure and maintain adequate hazard insurance covering its personal property located at the Property, and Landlord and its mortgagee(s) shall be additional insureds under said policy. Tenant shall provide to Landlord and its mortgagee(s), not later than ten (b10) public liability days before the Commencement Date and property damage insurance with coverage each subsequent expiration date of at least One Million Dollars ($1,000.000.00) on each such policy, a combined single limit basiscopy or other evidence acceptable to Landlord in its reasonable discretion, of each such policy and the renewal or replacement thereof. All such policies of insurance shall carry a waiver of subrogation clause in favor of Landlord, and Tenant hereby releases Landlord and covenants that Landlord shall not be payable liable to Landlord Tenant, Tenant’s insurance carrier or as Landlord specifies. carriers, or anyone claiming under or through Tenant, for any liability for loss or damage whatsoever occasioned to property owned by Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages others which is caused by or might be incident to or may be asserted against Landlord by reason the result of fire or any accident or other casualty occurring ininsured under the above policies, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy regardless of the Leased Premises except cause or origin of such as arise from loss or damage, specifically including the negligence of Landlord, its agents agents, employees, invitees or employees. Tenantguests, at its expenseit being the intent of the parties that as to insured loss, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage Tenant shall be primary irrespective limited to recovery from any insurance which it carries or shall have assumed the risk of any liability insurance provided by Landlord pursuant to this Lease, or otherwisesuch loss. Tenant shall keep such insurance defend, indemnify and hold Landlord harmless against any and all claims, damages and lawsuits and any orders, decrees or judgments which may be entered therein, brought for damages or alleged damages resulting from any injury to person or property or from loss of life sustained in force during or about the term of this Lease Property, and deliver certificates of insurance Tenant agrees to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do sosave Landlord harmless from, and indemnify Landlord may obtain the insurance against, any and charge the cost to Tenant as additional rental. Tenantall injury, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage damage, of whatever nature, to any person or property caused by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policyor resulting from any act, omission or negligence of Tenant or any employee or agent of Tenant. Such policy of insurance Landlord shall not be payable liable to Tenant or as Tenant specifies. Tenant hereby releases Landlord to any other person or persons for or on account of any injury or damage to person or property arising on or occurring on the Property or resulting from falling ceilings or walls or wall coverings, gas leakage, electrical malfunction, plumbing malfunction, dampness, water or rain which may leak from any and all liability for part of the Property, from pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from any other cause whatsoever, or from loss of or damage to property caused by theft or loss of such personal property from burglary or any cause whatsoever except other cause. Notwithstanding the foregoing, to the extent such loss that any mortgage placed on the Property by Landlord requires insurance coverage exceeding, in policy limits or damage is scope, the result provisions of this Article, Tenant shall provide the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leasesuch mortgage unless and until such mortgage shall have been fully paid and satisfied or until the Term shall have expired or otherwise ended.

Insurance and Indemnity. Subject to Paragraph 4(d) above, a. Landlord shall keep the Propertynot at any time or to any extent whatsoever be liable, Building and Improvements insured with an insurance company rated by A.M. Best as A- responsible, or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property any way accountable for any loss, injury, death, or damage insurance with coverage of to persons or property, from any cause or causes whatsoever except for Landlord's or Landlord's agent's negligence, which at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which any time may be asserted against Landlord suffered or sustained by reason of Tenant or by any accident person whosoever at any time using, occupying or casualty occurring visiting the Property or be in, on or about the Leased Premises same or otherwise the sidewalks and driveways adjacent and Tenant agrees to indemnify and save Landlord harmless from any and all claims, liabilities, losses, damages, costs, and expenses whatsoever arising from Tenant’s use and occupancy out of the Leased Premises except any such as arise from the negligence of Landlordloss, its agents injury, death, or employees. Tenantdamage. b. Tenant shall, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force all times during the term of this Lease Agreement, maintain in full force and deliver certificates effect, and pay all premiums for, public liability insurance with a reputable insurance company or companies acceptable to Landlord covering Tenant's activities on the Property. The general liability limits of said policy or policies shall not be less than $1,000,000.00 per person and per occurrence. Said insurance to Lessor showing such coverage shall name the Landlord as an additional insured. c. All insurance policies of Tenant shall be issued by companies and in companies forms satisfactory to Landlord and shall expressly provide that the insurance company shall notify the Landlord in writing at least thirty (30) days prior to any lapse or cancellation. Each such policy or a duplicate or appropriate evidence shall be delivered to Landlord. If Tenant shall fail to do so, Landlord may obtain the agrees if Tenant does not procure such insurance and charge keep the cost to Tenant as additional rental. Tenantsame in full force and effect, Landlord, at its expenseoption and subject to its right of reimbursement, may take out the necessary insurance and pay the premium. Tenant waives its right of subrogation against Landlord for any reason whatsoever, and any insurance policies herein required to be procured by Tenant shall keep all contain an express waiver of its furnishings, equipment any right of subrogation by the insurer against Landlord. d. Tenant shall be responsible to provide fire and other casualty insurance on Tenant's personal property located on property. e. Tenant shall procure insurance insuring the Leased Premises fully insured Landlord against loss or damage to the Property, and improvements and fixtures belonging to Landlord by reason of fire and those risks covered by ‘‘extended coverage” as provided other casualties (Broad Form) with a qualified insurance company or companies qualified in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any an amount and all liability for any damage to or loss of such personal property from any cause whatsoever except coverage as are satisfactory to the extent and approved by Landlord. The proceeds of such insurance in case of loss or damage is the result shall be paid to Landlord to be applied on account of the negligence obligation of Landlord to repair and/or rebuild the building pursuant to Article 5.03. Any proceeds not required for such purpose shall be the sole property of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage Tenant shall, at Tenant's sole cost and expense, subject to the terms and conditions of the Condominium, keep the Premises and all of Tenant's equipment and property insured for the benefit of Landlord and Tenant: (i) in the an amount which shall be sufficient to prevent Landlord or Tenant from becoming a co-insurer of any loss (but in no event in an amount less than one hundred percent (100%) of the full replacement cost value thereof), against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of the Building and improvementsinsurance policies with extended coverage. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its Tenant's sole cost and expense, shall obtain public maintain for the mutual benefit of Landlord and Tenant and any other person or entity designated by Landlord, comprehensive general liability insurance against claims for personal injury, death or property damage occurring upon, in, about, adjacent to or connected to the benefit of itself and Premises, or any part thereof, with such limits as may be reasonably required by Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of from time to time, but not less than One Million Dollars ($1,000,000.00) for 3,000,000 in respect of bodily injury or death of any one person number of persons in a single occurrence and not less than One Million Dollars $500,000 for property damage. ($1,000,000.00c) for damages During such time as Tenant shall be performing any Alteration, Tenant shall carry or caused to property resulting from one casualty, and One Million Dollars be carried worker's compensation insurance covering all persons employed in connection with the Alteration in statutory limits. ($1,000,000.00a) property damages in the aggregate. Such All policies of insurance shall shall, provide that the coverage same shall not be cancelable, terminable, modifiable or non-renewable on less than twenty (20) days' actual prior notice to all insureds and any Superior Mortgagee, as defined below. (b) All insurance provided under this Lease shall be primary irrespective issued by insurers reasonably satisfactory to Landlord and licensed to do business in the State of any liability insurance provided by Landlord pursuant to this Lease, or otherwiseNew York. Tenant shall keep such insurance in force during deposit with Landlord and, if requested by Landlord, any Superior Mortgagee, the term of this Lease and deliver original certificates of insurance for all insurance required under this Article 7 prior to Lessor showing such coverage in companies satisfactory Tenant's possession of the Premises and, at least thirty (30) days prior to the Landlord. If Tenant shall fail to do soexpiration date of any policy, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of original renewal certificates for such insurance shall be payable delivered by Tenant to Tenant or as Tenant specifiesLandlord, together with reasonably satisfactory evidence of its payment. Tenant hereby releases Landlord from any and all liability for any damage may require such insurance coverage to or loss of such personal property from any cause whatsoever except to be increased after the extent such loss or damage is the result first five (5) years of the negligence Term of Landlord, its agents or employees the Lease and is not otherwise covered by insurance required to be carried by Tenant under this Leaseat the commencement of the Extended Term.

Insurance and Indemnity. Subject 6.1 Landlord's Insurance The Landlord, acting reasonably, shall carry such insurance with such deductibles and exclusions as would a prudent owner for the account and benefit of the Landlord as the Landlord from time to Paragraph 4(d) abovetime considers useful, Landlord expedient or beneficial, it being agreed and understood however that such insurance shall keep the Propertyinclude, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “6.1.1. insurance against All Risk” coverage Risks of loss or damage including sprinkler leakage and damage due to flood or earthquake, covering all property owned by the Landlord or for which the Landlord is responsible under this Lease relative to the Complex including the buildings, the Common Facilities and the Leased Premises, but excluding all trade fixtures, furniture and stock-in-trade belonging to the Tenant; 6.1.2. insurance against loss of the Landlord's gross profits including loss of Basic Rent; 6.1.3. insurance against mechanical break-down, explosion, rupture or failure of boilers, pressure vessels, heating, ventilating and air-conditioning equipment, electrical apparatus and other like apparatus owned by the Landlord; 6.1.4. comprehensive general liability insurance with respect to the Landlord's operation of the Complex covering bodily injury, death and damage to property of others; and 6.1.5. insurance against any other form or forms of loss which the Landlord or any Mortgagee may require from time to time. Notwithstanding any contribution by the Tenant to the Landlord for insurance premiums as provided in this Lease, no insurable interest is conferred upon the Tenant under policies carried by the Landlord, and the Tenant shall have no right to receive any proceeds of insurance from policies carried by the Landlord. The Landlord shall in no way be accountable to the Tenant regarding the use of any insurance proceeds arising from any claim, and the Landlord shall not be obliged to account for such proceeds, nor to apply such proceeds to the repair or restoration of that which was insured except to the extent provided herein. If the Tenant desires to receive indemnity by way of insurance for any property, work or thing whatever including Leasehold Improvements, the Tenant shall insure same for its own account and shall not look to the Landlord for reimbursement or recovery in the amount event of loss or damage from any cause, whether or not the full replacement cost of the Building Landlord has insured same and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisrecovered therefor. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason exclude the exercise of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy claim of the Leased Premises except such as arise from the negligence of Landlordinsurers, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided whether by Landlord pursuant to this Lease, subrogation or otherwise. Tenant shall keep such insurance in force during , against the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as those for whom the Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leasein law responsible.

Insurance and Indemnity. Subject 7.1. Throughout the Term, Lessee shall, at Lessee’s sole cost and expense, maintain or cause to Paragraph 4(d) abovebe maintained such insurance coverages as Lessor from time to time reasonably requests and which are generally consistent with insurance coverages required of other tenants in similar buildings and businesses in the Danbury area, Landlord and initially Lessee shall keep maintain the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against following coverages in the following:following amounts (the “Required Insurance”): (ai) “All Risk” insurance coverage, on a full replacement cost basis, covering the Building and all other buildings, improvements (including any plate glass) and fixtures now or hereafter constituting part of the premises (but not including any improvements made by Lessee) written in favor of Lessor and all Fee Mortgagees of which Lessee has notice, as their interests may appear, with Lessor and said Fee Mortgagees named as loss payee. (ii) Commercial general liability insurance (broad form) with respect to the premises and the conduct and operation of business thereat, on an “occurrence coverage” basis with Lessor and all Fee Mortgagees of which Lessee has notice, named as additional insureds, with limits of not less than FIVE MILLION AND 00/100 ($5,000,000.00) DOLLARS combined single limit for any one occurrence of bodily injury, personal injury or death to any number of persons and for property damage, which coverage may be placed in any combination of primary and umbrella and/or excess policies; (iii) Fire and extended coverage insurance with respect to any improvements made by Lessee, Lessee’s personal fixtures, furnishings, removable floor coverings, equipment, signs and such other items of Lessee’s property in the amount of Building, in amounts equal to the full replacement cost value thereof, naming Lessee as the sole loss payee; (iv) Business loss insurance against loss arising from any casualty hereby insured against, in a maximum amount equal to not less than the Fixed Rent payable hereunder for a period of one (1) year, calculated from the date of the Building and improvementsdamage or destruction; (v) Any other insurance required for compliance with any applicable Laws. (b) public liability and property damage 7.2. Lessee shall deliver to Lessor binders or certificates evidencing the required insurance with coverage of at least One Million Dollars ten ($1,000.000.0010) on a combined single limit basisBusiness Days prior to the Rent Commencement Date. Such insurance may be carried under an umbrella policy, provided that if required by any Fee Mortgagee, such umbrella policy will be endorsed to provide specific limits of coverage for the Premises. Lessee shall procure and pay for renewals of the required insurance before the expiration thereof, and Lessee shall deliver to Lessor binders or certificates evidencing such renewals within ten (10) days of the expiration of any existing policy. All such policies of insurance shall be payable issued by companies approved by Lessor (which approval shall not be unreasonably withheld or delayed) and licensed to Landlord do business in the State of Connecticut, and shall contain a provision whereby the same cannot be changed, cancelled or as Landlord specifiesnot renewed (including, without limitation, for nonpayment of premium) unless Lessor and all Fee Mortgagees of which Lessee has notice, are given at least ten (10) days’ prior written notice of such change, cancellation or non-renewal. Tenant All such policies shall be written on an “occurrence coverage” basis. Lessee shall have no responsibility for maintaining, nor shall Lessee be responsible for any costs incurred in connection with any insurance coverages maintained by Lessor prior to the Rent Commencement Date. 7.3. Lessee hereby covenants and agrees to indemnify Landlord and hold harmless Lessor and all Fee Mortgagees from and against any and save Landlord harmless all loss, cost, liability and expense (including attorneys fees) that may arise from any. liability the date hereof up to the termination of this Lease, howsoever and whensoever determined, on account of or claim for damages which may be asserted against Landlord by reason arising out of any accident negligent or casualty occurring inintentional act or omission of Lessee or Lessee’s agents, contractors, servants, employees or invitees on or about the Leased Premises or otherwise arising Premises. 7.4. Lessor hereby covenants and agrees to indemnify and hold harmless Lessee from Tenant’s use and occupancy of the Leased Premises except such as against any loss, cost, liability and expense (including attorneys fees) that may arise from the negligence date hereof up to the termination of Landlordthis Lease, its agents howsoever and whensoever determined, on account of or employeesarising out of any negligent or intentional act or omission of Lessor or Lessor’s agents, contractors, servants, employees or invitees on or about the Premises. 7.5. TenantLessor shall maintain commercial general liability (Lessor’s risk only) with respect to the Premises, at its expenseon an occurrence form, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) 5,000,000.00 combined single limit for injury or any one occurrence arising out of bodily injury, personal injury, death and property damage. 7.6. Lessor agrees that Lessor shall not carry any property insurance with respect to the Building which might bring into play any co-insurance provisions of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided policy maintained by Landlord pursuant to this LeaseLessee hereunder, or otherwise. Tenant shall keep such insurance in force during might otherwise reduce or interfere with the term of this Lease and deliver certificates of insurance amounts to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such be collected under any policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant Lessee and required under this Lease.

Insurance and Indemnity. Subject 6.1. Landlord's Insurance The Landlord, acting reasonably, shall carry such insurance with such deductibles and exclusions as would a prudent owner for the account and benefit of the Landlord as the Landlord from time to Paragraph 4(d) abovetime considers useful, Landlord expedient or beneficial, it being agreed and understood however that such insurance shall keep the Propertyinclude, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “6.1.1 insurance against All Risk” coverage Risks of loss or damage including sprinkler leakage and damage due to flood or earthquake, covering all property owned by the Landlord or for which the Landlord is responsible under this Lease relative to the Complex including the buildings, the Common Facilities and the Leased Premises, but excluding all trade fixtures, furniture and stock-in-trade belonging to the Tenant; 6.1.2 insurance against loss of the Landlord's gross profits including loss of Basic Rent; 6.1.3 insurance against mechanical break-down, explosion, rupture or failure of boilers, pressure vessels, heating, ventilating and air-conditioning equipment, electrical apparatus and other like apparatus owned by the Landlord; 6.1.4 comprehensive general liability insurance with respect to the Landlord's operation of the Complex covering bodily injury, death and damage to property of others; and 6.1.5 insurance against any other form or forms of loss which the Landlord or any Mortgagee may require from time to time. Notwithstanding any contribution by the Tenant to the Landlord for insurance premiums as provided in this Lease, no insurable interest is conferred upon the Tenant under policies carried by the Landlord, and the Tenant shall have no right to receive any proceeds of insurance from policies carried by the Landlord. The Landlord shall in no way be accountable to the Tenant regarding the use of any insurance proceeds arising from any claim, and the Landlord shall not be obliged to account for such proceeds, nor to apply such proceeds to the repair or restoration of that which was insured except to the extent provided herein. If the Tenant desires to receive indemnity by way of insurance for any property, work or thing whatever including Leasehold Improvements, the Tenant shall insure same for its own account and shall not look to the Landlord for reimbursement or recovery in the amount event of loss or damage from any cause, whether or not the full replacement cost of the Building Landlord has insured same and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisrecovered therefor. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason exclude the exercise of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy claim of the Leased Premises except such as arise from the negligence of Landlordinsurers, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided whether by Landlord pursuant to this Lease, subrogation or otherwise. Tenant shall keep such insurance in force during , against the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as those for whom the Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leasein law responsible.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount In furtherance of the full replacement obligations of Tenant set forth in this Article and elsewhere in this lease (but not in limitation thereof) and as an independent and material covenant forming a part hereof, Tenant shall, at its sole cost and expense, carry and maintain in force throughout the Term: (i) worker’s compensation and other required statutory forms of the Building and improvements. insurance, in statutory limits; (bii) comprehensive general public liability insurance, which shall be written on an occurrence basis (and property damage insurance with coverage shall include, without limitation, a contractual liability endorsement and personal injury coverage), naming Tenant as the insured and naming Owner (as that term was broadly defined for purposes of this Article only) and Owner’s current managing agent, TF Cornerstone Inc., and any future managing agent, as additional insureds, in limits (subject to increase at least One Million Dollars (Owner’s reasonable request) of not less than $1,000.000.00) on a 3,000,000 combined single limit basis. All for bodily and personal injury or death and for property damage per occurrence, including water damage and sprinkler leakage legal liability, protecting Owner from all such policies of claims for bodily or personal injury or death or property damage occurring in or about the demised premises and its appurtenances; and (iii) “all risk” property insurance shall be payable to Landlord covering all furniture, furnishings and equipment now or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring hereafter located in, on or about the Leased Premises demised premises and all improvements and betterments (whether permanent or otherwise arising from temporary) made in, to or on the demised premises by, for or at the request of Tenant and regardless of the ownership thereof to a limit of not less than the full replacement cost thereof. The limits of insurance specified herein shall not limit Tenant’s use liability. All insurance required to be maintained by Tenant shall be carried with a company or companies rated “A+10” or better by Best Insurance Guide and occupancy licensed to do business in the State of New York and shall be written for terms of not less than one (1) year. Tenant hereby agrees to furnish Owner with certificates evidencing the maintenance of such insurance and the payment of the Leased Premises except premiums therefor prior to the Commencement Date, and with renewals thereof and evidence of the payment of the premiums therefor at least thirty (30) days prior to the expiration of any such policy or policies. Such policy or policies shall also provide that it or they shall not be cancelled or altered without giving Owner at least thirty (30) days’ prior written notice thereof, sent to Owner by certified mail at Owner’s address to which notices are required to be sent to Owner hereunder. Upon Tenant’s default in obtaining or delivering any such policy or policies or failure to pay the premiums therefor, Owner (in addition to and not in limitation of its other rights, remedies and privileges by reason thereof) may (but shall not be obligated to) secure or pay the premium for any such policy or policies and charge Tenant as arise additional rent therefor an amount equal to 110% of Owner’s costs therefor. Tenant hereby agrees to cooperate with Owner in connection with the collection of any insurance proceeds that may be due in the event of a loss and agrees to execute and deliver to Owner such proofs of loss and other instruments as may be required to recover such insurance proceeds. (b) (i) Owner shall, if obtainable at no additional cost, include in its fire insurance policies appropriate clauses pursuant to which the insurance companies: (x) waive all right of subrogation against Tenant with respect to losses payable under such policies; and/or (y) agree that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policies. But should any additional premiums be exacted for any such clause or clauses, Owner shall be released from the obligation hereby imposed unless Tenant shall agree to pay such additional premium. (ii) Tenant shall include, if obtainable at no additional cost, in its fire insurance policy or policies on its furniture, furnishings, fixtures and other property removable by Tenant under the provisions of this lease appropriate clauses pursuant to which the insurance company or companies: (x) waive the right of subrogation against Owner and/or any tenant of space in the Building with respect to losses payable under such policy or policies; and/or (y) agree that such policy or policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policy or policies. But should any additional premium be exacted for any such clause or clauses, Tenant shall be released from the obligation hereby imposed unless Owner or the other tenants shall agree to pay such additional premium. Tenant hereby acknowledges and agrees that in no event and under no circumstances shall Owner have any responsibility to insure Tenant’s improvements, fixtures, furniture, furnishings or other personalty and that Tenant shall be solely responsible therefor. (iii) Provided that Owner’s right of full recovery under its policy or policies aforesaid is not adversely affected or prejudiced thereby, Owner hereby waives any and all right of recovery which it might otherwise have against Tenant, its servants, agents and employees, for loss or damage occurring to the Building and the fixtures, appurtenances and equipment therein, to the extent the same is covered by Owner’s insurance, notwithstanding that such loss or damage may result from the negligence or fault of LandlordTenant, its servants, agents or employees. Provided that Tenant’s right of full recovery under its aforesaid policy or policies is not adversely affected or prejudiced thereby, at Tenant hereby waives any and all right of recovery which it might otherwise have against Owner, its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyservants, and One Million Dollars ($1,000,000.00) property damages employees, and against every other tenant in the aggregate. Such policies of insurance Building who shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory have executed a waiver similar to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against one herein set forth for loss or damage by fire to, Tenant’s furniture, furnishings, fixtures and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent other property, notwithstanding that such loss or damage is the may result of from the negligence or fault of LandlordOwner, its servants, agents or employees, or such other tenant and/or the servants, agents or employees thereof. (iv) Owner and is not otherwise covered by insurance required Tenant shall advise the other promptly if the clauses to be carried by included in their respective insurance policies pursuant to subdivisions (i) and (ii) hereof cannot be obtained. Owner and Tenant under this Leaseshall notify the other promptly of any cancellation or change of the terms of any such policy which would affect such clauses.

Insurance and Indemnity. Subject to Paragraph 4(d) above7.1 Tenant shall, Landlord shall at its own cost and expense, during the Term of this Lease, including any extensions hereof, keep the Property, Building and Improvements all other improvements on the Leased Premises insured with against loss or damage by fire and such other contingencies covered by a special form or all-risk insurance policy, including boiler, machinery and equipment coverage, in an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of not less than the full replacement cost of the Building and improvementsimprovements (whether personalty or fixtures) without reduction for depreciation as confirmed in writing by Landlord and Tenant from time to time (such confirmation of full replacement value not to be unreasonably withheld), without provision for co-insurance or for deductible in excess of Ten Thousand Dollars ($10,000.00). Such policy shall provide, subject to the rights of the Landlord's Mortgagee (defined below), if any, that all proceeds payable thereunder shall be paid directly to Landlord or the party designated by Landlord. (b) public 7.2 Tenant shall, at its own cost and expense, during the Term of this Lease, including any extensions hereof, carry broad form general liability and insurance covering bodily injury, including death, personal injury, property damage and contractual liability insurance with for the indemnification obligations of Tenant contained in this Lease. The broad form general liability insurance coverage shall provide coverage on an occurrence basis and shall include explosion, collapse, underground hazard and product/completed operations coverage. The minimum limits of at least One liability provided by this coverage shall be not less than Two Million Dollars ($1,000.000.002,000,000.00) on a combined single limit basisper occurrence/Four Million Dollars ($4,000,000.00) annual aggregate per designated location. 7.3 Tenant shall, at its own cost and expense, during the Term of this Lease, including any extensions hereof, carry insurance against fire, vandalism, malicious mischief and such other perils as are from time to time included in a standard extended coverage endorsement insuring any betterments and improvements made by Tenant to the Leased Premises and all merchandise, furniture, trade fixtures, equipment and other items of personal property located at the Leased Premises. In addition, Tenant shall, at its own cost and expense, during the Term of this Lease and any extensions hereof, carry such additional insurance as shall be required by Landlord's Mortgagee with respect to the Leased Premises, provided that Landlord shall give Tenant not less than twenty-five (25) days' prior written notice of any such additional insurance required by Landlord's Mortgagee. 7.4 Tenant shall, at its own cost and expense, during the Term of this Lease, including any extensions hereof, maintain business interruption or loss of rent insurance to insure (without provision for deductibles or co-insurance in excess of one [1] month's Base Rent) the payment of rent under Section 4 of this Lease, the payment of taxes and assessments under Section 6 of this Lease and the payment of all other rental owed by Tenant pursuant to this Lease for a period of not less than nine (9) months in the event of a casualty as contemplated by Section 11 of this Lease. Tenant shall be responsible for the payment of any deductibles or co-insurance required pursuant to such business interruption or loss of rent insurance so that Landlord shall receive payment in full of all amounts contemplated by this Section 7.4. 7.5 All insurance policies required hereunder shall be written by an insurance company or companies reasonably acceptable to Landlord, Tenant and Landlord's mortgagees (if any) having a rating of Best's Insurance Guide A and VIII, or better, and admitted to engage in the business of insurance in the State of Colorado. Such insurance policies shall name the Tenant as the insured and the Landlord as an additional insured (except with respect to commercial general liability insurance for which Landlord shall accept contractual liability insurance in lieu thereof), Tenant, and Landlord's mortgagees (if any) as their interests appear. The liability and casualty insurance policies to be obtained by Tenant and provided for the benefit of Landlord shall contain such policies of additional coverage and endorsements as shall be required by Landlord's mortgagees (if any), it being acknowledged that Landlord shall not be required to independently obtain any insurance coverage required by Landlord's mortgagees (if any). Such insurance shall be payable written as primary policy coverage and not contributing with or in excess of any coverage which Landlord may carry and shall be non-cancelable and non-amendable without at least thirty (30) days' prior written notice to all such parties. A certificate evidencing such coverage in form reasonably acceptable to Landlord shall be furnished to Landlord with evidence of timely payment of the premium therefor prior to the Commencement Date and not less than ten (10) days prior to the expiration of any coverage. Landlord may at any reasonable time and from time to time inspect and/or copy any and all insurance policies required to be procured by Tenant under this Lease. 7.6 In addition to any indemnification or as payments to which Landlord specifies. would otherwise be entitled pursuant to Sections 7.1 through 7.5 above, inclusive, Tenant shall hereby agrees to indemnify Landlord against and save hold Landlord harmless from any. liability and against any and all claims, actions, damages, liabilities and expenses by or claim for damages which may be asserted against Landlord by reason on behalf of any accident person arising from (i) the conduct or casualty occurring inmanagement of or from any work or thing whatsoever done in or about the Leased Premises, excluding those matters arising from Landlord's gross negligence or willful misconduct or (ii) any breach or default on the part of the Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Lease or (iii) any act or negligence of Tenant, or any occupant of the Leased Premises or any part thereof, or of its or their agents, contractors, employees, guests, invitees, licensees or customers in or about the Leased Premises or otherwise arising from Tenant’s use and occupancy (iv) any accident, injury or damage whatsoever caused to any person or property occurring during the Term of this Lease or any extensions hereof in or about the Leased Premises Premises, except such as arise from to the extent caused by any willful misconduct or gross negligence of Landlord, or of its agents agents, contractors, employees, guests, invitees, licensees or employeescustomers in or about the Leased Premises. Tenant, at its expenseupon notice from Landlord, shall obtain public liability insurance for resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. The foregoing covenants and indemnifications shall survive the benefit expiration of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term Term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant any extensions thereof. 7.7 Landlord shall fail to do so, Landlord may obtain the insurance and charge the cost not be responsible or liable to Tenant as additional rental. Tenantfor any damage or injury to any property, at its expensefixtures, shall keep all of its furnishings, equipment and buildings or other personal property located improvements on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable for personal injury to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to its agents, contractors, employees, guests, invitees, licensees or loss of such personal property customers in or about the Leased Premises from any cause whatsoever except to the extent such loss the same results from the gross negligence or damage is the result of the negligence willful misconduct of Landlord, its agents or employees and is not otherwise covered employees. 7.8 Each party hereby expressly waives any right of recovery it may have against the other for loss to the Leased Premises or its contents due to fire or any other peril to the extent included in the coverage of any insurance policies maintained by Tenant hereunder, however caused, including such losses as may be due to the negligence of the released party or its agents or employees. All policies of insurance required to be carried by Tenant under this Leasehereunder shall contain a provision that they are not invalidated by the foregoing waiver.

Insurance and Indemnity. Subject 13.01 Tenant shall maintain or cause to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an be maintained All Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) other improvements on a combined single limit basis. All the Land normally covered by such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and naming from time to time designate, as their interests may appear, and shall maintain rent insurance. The All Risk insurance will be in the amounts required by any Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect to the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02 During the Term, Tenant shall maintain at its own cost and expense the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, with Landlord as an additional party insured named insured, and loss payee on the policies at Landlord’s request with any Superior Lessors as additional named insured(s), with limits in amounts of not less than One Million Dollars ($1,000,000.00) 5,000,000 for bodily injury or death of to any one person and not less than One Million Dollars ($1,000,000.00) 10,000,000 for damages bodily injury or death to property resulting from any number of persons in any one casualtyoccurrence, and One Million Dollars $1,000,000 for property damage, including water damage and sprinkler leakage legal liability, ($1,000,000.00b) All Risk insurance covering the Demised Premises against loss or damage and such risks as are customarily included in extended coverage endorsements attached to fire insurance policies covering property damages similar to such Premises (including windstorm, hail, explosion, riot, riot attending a strike and civil commotion, damage from aircraft and vehicle, vandalism and malicious mischief, sprinkler leakage, sonic boom and smoke damage) in an amount equal to the full replacement value thereof (excluding foundations and excavation costs) as same might increase from time to time or such higher amount as either may be required by the holder or any fee mortgage covering the Premises or is necessary to prevent Landlord and/or Tenant from becoming a co-insurer, (c) rent insurance with broad form extended coverage endorsement in an amount equal to the Fixed Rent, Impositions and all other charges payable by Tenant pursuant to this Lease for a period of one (1) year and (d) worker’s compensation insurance providing statutory New Jersey benefits for all persons employed by Tenant at the Demised Premises; (e) if a sprinkler system shall be located in any portion of the Demised Premises, provide and keep in force sprinkler leakage insurance in amounts and forms approved by Landlord, which approval shall not be unreasonably withheld (the foregoing to be required only if same is excluded from the insurance required to be provided and kept in force pursuant to Section 12.01 (b); arid (f) if alcoholic beverages shall be sold, stored, consumed, given away or used in any other manner on the Demised Premises, (i) whether or not in compliance with the Permitted Uses of the Demised Premises, or (ii) as a consequence of its business purposes or the private acts of any employees, agents or contractors, Tenant shall obtain dramshop insurance, in such amounts as is customary at that time and from time to time, saving harmless and protecting Landlord and the Demised Premises against any and all damages, claims, liens, judgments, expenses and costs arising under any present or future Legal Requirements, by reason of any such storage, sale use, consumption or giving away of alcoholic beverages on or from the Demises Premises; and (g) any other insurance in such amounts (i) as may from time to time reasonably be required by Landlord against such other insurable hazards; and (ii) as required for compliance with the Insurance Requirements. Landlord may at any time and from time to time require that the limits for the comprehensive general public liability insurance to be maintained by Tenant be increased to the limits that new Tenants in the aggregateBuilding are required by Landlord to maintain. Such policies The insurance carried pursuant to Section 12.01(b) shall be carried in favor of insurance Landlord and the holder of any fee mortgage on the Premises and the standard mortgagee clause shall be attached to the appropriate policies. Insurance carried pursuant to Section 12.01(b) shall provide that the coverage loss, if any, shall be primary irrespective adjusted with and payable to the party who will perform the work of any liability insurance provided by Landlord restoration pursuant to this Lease, or otherwiseArticle 24 and such mortgagee as their interests may appear. Tenant shall keep deliver to Landlord and any additional named insured(s) certificates for such fully paid-for policies at least ten (10) days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) certificates therefor at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in force New Jersey, and all such policies shall contain a provision whereby the same cannot be cancelled unless Landlord, Mortgagee and any additional insured(s) are given at least thirty (30) days’ prior written notice of such cancellation. In addition, Tenant shall give Landlord at least thirty (30) days’ prior written notice that any such policy is being cancelled or replaced. 13.03 Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant’s business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect to the Land and Building or any part thereof shall become void or suspended or whereby any premiums. in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shell (a) indemnify Landlord and the Superior Lessors and hold Landlord and the Superior Lessors harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04 Tenant shall indemnify and hold harmless Landlord and all Superior Lessors and its and their respective partners, joint venturers, directors, officers, agents, servants and employees from and against any and all claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the term Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access, or provided access to any other party, to the Demised Premises; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint ventures, directors, officers, agents, employees or contractors; (c) any accident, injury or damage whatever (unless caused solely by Landlord’s negligence) occurring in the Demised Premises; and (d) any breach or default by Tenant in the full and prompt payment and performance of Tenant’s obligations under this Lease Lease; together with all costs, expenses and deliver certificates liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, all attorneys’ fees and expenses. In case any action or proceeding is brought against Landlord and/or any Superior Lessor and/or its or their partners, joint venturers, directors, officers, agents and/or employees by reason of insurance to Lessor showing any such coverage in companies claim, Tenant, upon notice from Landlord or such Superior Lessor, shall resist and defend such action or proceeding by counsel reasonably satisfactory to the Landlord. If Tenant shall fail to do so, . 13.05 Neither Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance nor any Superior Successor shall be payable to Tenant liable or as Tenant specifies. responsible for, and Tenant hereby releases Landlord from any and each Superior Lessor from, all liability and responsibility to Tenant and any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any damage to or loss of such personal property from any cause whatsoever except to the extent such injury, loss or damage is to any person or property in or around the result Demised Premises or to Tenant’s business irrespective of the negligence cause of Landlordsuch injury, loss or damage, and Tenant shall require its agents insurers to include in all of Tenant’s insurance policies which could give rise to a right of subrogation against Landlord or employees any Superior Lessor a clause or endorsement whereby the insurer waives any rights of subrogation against Landlord and is not otherwise covered by such Superior Lessors or permits the insured, prior to any loss, to agree with a third party to waive any claim it may have against said third party without invalidating the coverage under the insurance required to be carried by Tenant under this Leasepolicy.

Insurance and Indemnity. Subject to Paragraph 4(d) aboveSection 10.1. During the term, Landlord Tenant shall keep the Property, Building and Improvements insured maintain fire insurance with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” extended coverage in the name of Landlord and Tenant, in an amount adequate to cover one hundred percent (100%) of the full replacement cost of replacement of the Building building and its alterations, decorations, additions or improvements. Tenant shall deliver to Landlord certificates of such fire insurance policies which shall contain a clause requiring the insurer to give Landlord 10 days notice of change or cancellation of such policies. (b) public Section 10.2. During the term, Tenant shall keep in full force and effect, comprehensive general liability insurance against claims for personal injury, death and property damage occurring in the building or on the adjoining sidewalks with limits of not less than $500,000 as to one person not less than $1,000,000 as to any accident, and not less than $50,000 as to property damage. The policies shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance with coverage without first giving Landlord ten days prior written notice. A copy of at least One Million Dollars ($1,000.000.00) on the policy or a combined single limit basis. All such policies certificate of insurance shall be payable delivered to Landlord, Section 10.3. If appropriate in Tenant's opinion, Tenant will place all or any insurance it is required to carry by this lease under its blanket policies and will furnish Landlord or as Landlord specifieswith evidence of such insurance. Section 10.4. Tenant shall will indemnify Landlord against and save Landlord harmless of and from any. any and all loss, damage, or liability or claim for damages which may be asserted against Landlord incurred by reason of any accident injury to persons or casualty damage to property occurring in, in or on the leased premises or about the Leased Premises from or otherwise arising from Tenant’s use and occupancy by reason of the Leased Premises except such as arise from erection, maintenance or existence of Tenant's signs including the negligence reasonable expense involved in defending litigation, but Tenant will not indemnify Landlord against the consequences of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise's own negligence. Section 10.5. Tenant shall keep such insurance give immediate notice to Landlord in force during case of fire, accidents or observed defects in the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leaseleased premises.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep the Property, Building and Improvements insured with an maintain or cause to be maintained All Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvementsother improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the Building or buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All Risk insurance will be in the amounts required by any Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect of the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, having not less than a $5,000,000.00 combined single limit per occurrence for bodily injury or death to any one person and for bodily injury or death to any number of persons in any one occurrence, and for property damage, including water damage and sprinkler leakage legal liability (coverage to include but not be limited to (i) premises operation, completed operations, broad form contractual liability and product liability, (ii) comprehensive automobile, truck and vehicle liability insurance covering all owned, hired and non-owned vehicles used by the contractor(s) in connection with their work and any loading of such vehicles, with limits as stated above and (iii) worker's compensation, employers liability and occupational disease insurance as required by statutes, but in any event not less than $500,000.00 for Coverage B covering all damages and injuries arising from each accident or occupational disease) and (b) All Risk insurance in respect of Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property of Tenant in the Demised Premises in any amounts required by any Superior Lessor or any Superior Mortgagee but not less than eighty percent (80%) of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies, and (c) such other insurance as is required for compliance with the Insurance Requirements. Landlord may at any time and from time to time require that the limits for the comprehensive general public liability insurance to be maintained by Tenant be increased to the limits that new tenants in the Building are required by Landlord to maintain. Tenant shall deliver to Landlord and property damage any additional named insured(s) certificates for such fully paid-for policies upon execution hereof. Upon request of Landlord, Tenant shall furnish Landlord with copies of all such insurance with coverage policies. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) certificates therefor at least One Million Dollars thirty ($1,000.000.0030) on a combined single limit basisdays before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility, having a Bests Key Rating Guide of not less than A, Class VII, licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be canceled unless Landlord and any additional insured(s) are given at least thirty (30) days' (ten (10) days in the case of non-payment of premium) prior written notice of such cancellation. The certificates of insurance to be delivered to Landlord by Tenant shall be payable on an XXXXX 27 form or its equivalent and shall name Landlord as an additional insured and, at Landlord's request, shall also name any Superior Lessors or Superior Mortgagees as additional insureds, and the following phrase must be typed on the certificate of insurance: "Xxxxx Mountain Industries, Inc., and its respective subsidiaries, affiliates, associates, joint ventures, and partnerships, are hereby named as additional insureds as their interests may appear (and if Landlord has so requested, Tenant shall include any Superior Lessors and Superior Mortgagees as additional insured(s)). It is intended for this insurance to be primary and non-contributing." Tenant shall give Landlord at least thirty (30) days' prior written notice that any such policy is being canceled or replaced. Tenant's obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy of insurance carried and maintained by Tenant; provided, however, that (i) certificates of insurance (on XXXXX 27 form or equivalent) are delivered to Landlord and that Landlord shall be named as an additional insured thereunder, as its interest may appear as more particularly required hereinabove, (ii) the coverage afforded Landlord shall not be reduced or as diminished by reason of the use of such blanket policy of insurance, (iii) the requirements set forth herein are otherwise satisfied; (iv) such blanket policy shall reference the Demised Premises and guarantee a minimum limit available for the Demised Premises equal to the insurance amounts required in this Lease; and (v) Tenant agrees to make available to Landlord, at all reasonable times, the original policies of insurance. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord specifiesshall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the Superior Lessors and hold Landlord and the Superior Lessors harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04. Tenant shall indemnify Landlord against and save Landlord hold harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured all Superior Lessors and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person its and not less than One Million Dollars ($1,000,000.00) for damages to property resulting their respective partners, joint venturers, directors, officers, agents, servants and employees from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any damage to business therein, or loss any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the Term or during the period of such personal property from any cause whatsoever except time, if any, prior to the extent such loss Commencement Date that Tenant may have been given access to the Demised Premises; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents, employees or contractors; (c) any accident, injury or damage is whatever (unless caused solely by Landlord's negligence) occurring in the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.Demised Premises; and

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord Tenant shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage loss or damage by fire and those risks covered by "extended coverage" as provided in a Michigan standard fire insurance policy in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisBuilding. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability any and all liabilities, obligations, damages, penalties, costs, and expenses, including reasonable attorneys fees, paid or claim for damages which may be asserted against incurred by Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise and arising from Tenant’s 's use and occupancy of the Leased Premises except such as either arise from the willful acts or negligence of Landlord, its agents agents, employees or employeescontractors or are covered by insurance required to be carried by Landlord under this Lease. If any action or proceeding is brought against Landlord by reason of any such claim, Tenant will, upon written notice from Landlord, at Tenant's expense, resist or defend such action or proceeding by a counsel approved by Landlord in writing. In addition, Tenant shall, at its cost and expense, shall obtain and keep in force during the term of this Lease a policy or policies of public liability and property damage insurance for the benefit of itself with an insurance company and on terms approved by Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts liability coverage of not less than One Million Dollars ($1,000,000.00$ 1,000,000) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwiseon a combined single limit basis. Tenant shall keep furnish Landlord with certificates or other evidence acceptable to Landlord indicating that such insurance is in force during effect, showing Landlord as an additional insured party, and providing that Landlord shall be notified in writing at least thirty (30) days prior to cancellation of, any material change in or non-renewal of the term policy. Landlord shall indemnify Tenant against and save Tenant harmless from any and all liabilities, obligations, damages, penalties, costs, and expenses, including reasonable attorneys fees, paid or incurred as a result of this Lease and deliver certificates the willful acts or negligence of insurance to Lessor showing such coverage in companies satisfactory to the Landlord, its agents, employees or contractors. If any action or proceeding is brought against Tenant shall fail to do soby reason of any such claim, Landlord may obtain the insurance and charge the cost to will, upon written notice from Tenant, at Landlord's expense, resist or defend such action or proceeding by a counsel approved by Tenant as additional rentalin writing. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘"extended coverage” " as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) aboveA. Tenant shall, Landlord shall during the entire term hereof, at its sole cost and expense, provide and keep the Property, Building in full force and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount effect a policy of the full replacement cost of the Building and improvements. (b) general public liability and property damage insurance with coverage respect, to the leased premises, and the business operated by Tenant and any subtenants of at least One Million Dollars Tenant in the leased premises in which the limits of public liability shall be not less than $500,000.00 per accident and in which the property damage liability shall be not less than $300,000.00. The policy shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the landlord ten ($1,000.000.0010) on days prior written notice. The insurance shall be in an insurance company approved by Landlord and a combined single limit basis. All such policies copy of the policy or certificate of insurance shall be payable delivered to the Landlord. If the term of this Lease is more than three (3) years (or extended beyond three (3) years), Landlord shall have the right to require the amount of insurance to be increased to approximate increases in the cost of living. X. Xxxxxx agrees that it will not keep, use, sell or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability offer for sale in or claim for damages upon the leased premises any article which may be asserted against Landlord prohibited by reason the standard form of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability fire insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwisepolicy. Tenant shall keep such agrees to pay any increase in premises for fire and extended coverage insurance in force that may be charged during the term of this Lease and deliver certificates on the amount of such insurance to Lessor showing such coverage which may be carried by Landlord on said premises or the building of which they are a part, resulting from the type of activity or merchandise sold by Tenant in companies satisfactory the leased premises, whether or not Landlord has consented to the Landlordsame. If The Tenant also shall pay any additional premium on the rent insurance policy that may be carried by the Landlord for its protection against rent loss through fire. Bills for such additional premiums shall be rendered by Landlord to Tenant at such times as Landlord may elect, and shall be due from, and payable by, Tenant when rendered, and the amount thereof shall be deemed to be, and be paid, as additional rent. C. Tenant will indemnify Landlord "and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of fire, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the leased premises, or the occupancy or use by Tenant of the leased premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall fail protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorneys' fees (including appeals) that may be incurred or paid by Landlord in enforcing the covenants and agreement in this Lease. X. Xxxxxx shall replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in and about the leased premises. Tenant will insure, and keep insured, at Xxxxxx's expense, all plate and other glass in the leased premises for and in the name of Landlord during the term of this Lease. E. On default by Xxxxxx in obtaining any insurance required hereunder or delivering any policies or paying the premiums or other charges thereon as aforesaid, it shall be the privilege, though not the obligation, of Landlord to do soeffect fully such insurance and likewise to pay any premiums or charges thereon. All sums so paid by landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the rate of eighteen percent (18%) per annum from the respective dates of Landlord' s making of each such payment, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand, and Landlord shall not be limited in the proof of any damages which Landlord may obtain claim against Tenant arising out of or by reason of Tenant's failure to provide and keep in force insurance as aforesaid, to the amount of the insurance premium or premiums not paid or incurred by Tenant and charge which would have been payable upon such insurance, but Landlord, in addition to any and all other rights and remedies provided Landlord under the cost to Tenant as additional rental. Tenant, at its expenseterms of this Lease, shall keep all also be entitled to recover as damages for such breach the uninsured amount of its furnishingsany loss, equipment to the extent of any deficiency in the insurance required by the provisions of this Lease. F. Each of landlord and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or loss any other perils insured in policies of insurance covering such personal property from any cause whatsoever except to the extent property, even if such loss or damage is shall have been caused by the result fault or negligence of the negligence other party, or anyone for whom such party may be responsible, including any other tenants or occupants of Landlordthe remainder of the Building; provided, however, that this release shall be applicable and in force and effect only to the extent that such release shall be lawful at that time and in any event only with respect to loss or damage occurring during such times as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. Each of Landlord and Xxxxxx agrees that it will request its agents insurance carriers to include in its policies such a clause or employees endorsement. If extra cost shall be charged therefor, each party shall advise the other thereof and is of the amount of the extra cost, and the other party, and its election, may pay the same, but shall not otherwise covered by insurance required be obligated to do so. If such other party fails to pay such extra cost, the release provisions of this paragraph shall be carried by Tenant under this Leaseinoperative against such other party to the extent necessary to avoid invalidation of such releasor' s insurance.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies.10.1. Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force maintain during the term of this Lease commercial general liability insurance with a combined single limit for personal injury and deliver certificates of insurance to Lessor showing such coverage property damage in companies satisfactory to the Landlordan amount not less than .10.2. If Tenant shall fail to do so, Landlord may obtain the insurance hereby waives all claims against Xxxxxx and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against Xxxxxx’s Representatives for loss or damage by fire to the extent that such loss or damage is insured against under any valid and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire collectable insurance policy insuring Landlord or would have been insured against but for any deductible amount under any such policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases waives all claims against Landlord from any and all liability Landlord’s Representatives for any loss or damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents insured against under any valid and collectable insurance policy insuring Tenant or employees and is not otherwise covered by insurance required to be carried maintained by Tenant under this Lease, or would have been insured against but for any deductible amount under any such policy. .10.3. As such waiver does not violate public policy and insurance is available to protect it, Landlord and Tenant each hereby waives all claims against the other and the other’s representatives for damage to any property or injury to or death of any person in, upon or about the Premises, the Building, or the Project arising at any time and from any cause, and Landlord and Tenant shall each hold the other and the other’s representatives harmless from and defend the other and the other’s representatives against (i) all claims and liabilities for damage to any property or injury to or death of any person arising in or from the use of the Premises by the other, except as to the other and the other’s representatives such claims or liabilities as are caused by the gross negligence or willful misconduct of the person or entity otherwise entitled to indemnification, or (ii) arising from the negligence or willful misconduct of the other, its employees, agents, or contractors in, upon, or about those portions of the Building or the Project other than the Premises. The foregoing indemnity obligations of Landlord and Tenant shall include attorneys’ fees, investigation costs, and all other costs and expenses incurred by the other or by any of the other’s representatives from the first notice that any claim or demand is to be made or may be made. The provisions of this Section 10.3 shall survive the expiration or termination of this Lease with respect to any damage, injury, or death occurring prior to such time.

Insurance and Indemnity. Subject to Paragraph 4(d) above9.1 Tenant shall carry and maintain, Landlord shall keep at its sole cost and expense, the Propertyfollowing types of insurance, Building in the amounts specified and Improvements insured with an insurance company rated by A.M. Best as A- or better against in the followingform hereinafter provided for: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public 9.1.1 Public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifiesdamage. Tenant shall indemnify Landlord shall, during the Term, maintain insurance against and save Landlord harmless public liability, including that from any. liability personal injury or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on property damage in or about the Leased Premises resulting from the occupation, use, or otherwise arising from Tenant’s use and occupancy operation of the Leased Premises except such as arise from the negligence of Premises, insuring both Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for Landlord's managing agent and Tenant and naming the benefit of itself and Landlord and naming Landlord Landlord's managing agent as an additional party insured and loss payee on the policies with limits therein, in amounts of not less than One Million Dollars ONE HUNDRED THOUSAND DOLLARS ($1,000,000.00100,000.00) against liability for bodily injury or including death of and personal injury for any one person (1) occurrence and not less than One Million Dollars THREE HUNDRED THOUSAND DOLLARS ($1,000,000.00300,000.00) against liability for bodily injury including death and personal injury for more than one (1) occurrence, and not less than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) for damages property damage. 9.1.2 Plate glass insurance providing full coverage for replacement of damaged or destroyed glass in or upon the Premises; 9.1.3 Xxxxxxx'x compensation insurance for the benefit of all employees entering upon the Premises as a result of or in connection with their employment by Tenant; 9.1.4 All other insurance required of Tenant, as an employer, pursuant to property resulting from one any law, rule, or ordinance of any governmental authority having jurisdiction; 9.1.5 Fire, casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such extended coverage insurance on Lessee's fixtures, improvements and finishings, which policies of insurance shall provide that be in amounts, in such forms and issued by such companies are as approved by Landlord and shall name Landlord and Tenant as their interests may appear; and 9.1.6 Such other forms of insurance which are not available as of the coverage shall be primary irrespective date hereof, but which may become available in the future and are typically required by landlords of properties similar in character to the Center, if in the Landlord's sole discretion, the same is necessary to adequately insure the Premises and underlying property and such other forms of insurance which may become necessary as the result of any liability insurance provided by Landlord pursuant to this Leasechanges in applicable laws. 9.2 The original of each policy of insurance, or otherwise. Tenant shall keep such insurance in force during the term of this Lease certified duplicates thereof, and deliver certificates of insurance issued by the insurance or insuring organization shall be delivered to Lessor showing such coverage Landlord on or before the Commencement Date and proof of renewal shall be provided to Landlord not less than thirty (30) calendar days prior to the expiration of any policy. In addition to and together with Tenant's pro rata share of operating costs, Tenant shall pay to Landlord within ten (10) calendar days of its receipt of Landlord's written request, the entire amount of any extraordinary or additional premium for insurance upon or for the Premises and/or Center occasioned by or resulting from Tenant's use of the Premises. 9.3 The aforementioned insurance shall be in companies authorized to engage in the business of insurance in the State of Florida with a minimum rating of "A" by A. M. Best and shall be in form, substance, and amount (where not stated above) satisfactory to the Landlord. The insurance shall not be subject to cancellation except after at least thirty (30) calendar days prior written notice to Landlord. If Tenant any of the aforementioned insurance shall fail to do sonot be procured or maintained by Tenant, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantmay, at its expenseoption, procure such insurance or any portion thereof, and Tenant shall keep all of pay to Landlord any sums expended by Landlord therefore upon demand; or, Landlord may, at its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under option terminate this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employeesInsurance. Tenant, at its expense, shall obtain public and maintain in effect as long as this Lease remains in effect and during such other time as Tenant occupies the Leased Premises or any part thereof insurance policies providing at least the following coverage: a. Commercial general liability insurance insurance, in occurrence from, insuring Tenant against any and all liability for injury to or death of a person or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the benefit use of itself and Landlord and naming Landlord as an additional party insured and loss payee on occupancy of the policies Leased Premises or the business operated by Tenant thereof, to afford protection with limits in amounts a minimum combined single limit of not less than liability of at least One Million Dollars ($1,000,000.00) for injury or death of any one person 1,000,000); Landlord initial /CM/ Tenant initial /KM/ b. Worker’s compensation and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, similar insurance offering statutory coverage and One Million Dollars ($1,000,000.00) property damages containing statutory limits and employer’s liability insurance in form and amount deemed reasonable by Tenant in the aggregateexercise of its prudent judgment All furnishings, fixtures, equipment, effects and property of every kind and description of Tenant and of persons claiming by or through Tenant which may be on the Premises shall be at the sole risk and hazard of Tenant and no part of loss or damage thereto for whatever cause is to be charged to or borne by Landlord. Such policies will be maintained with companies rated B(+) or better by Bests Insurance Guide or such other as is reasonably acceptable to Landlord. Tenant shall deposit certificates of insurance such required insurance, which shall name Landlord and Landlord contract property management company as additionally insured, with Landlord prior to the earlier to occur of (a) the Commencement Date, or (b) Tenants occupancy of the Lease Premises, which policies shall contain a provision stating that such policy or policies shall not be canceled or altered except after the insurer shall endeavor to give thirty (30) days’ written notice to Landlord. Tenant shall have the right to provide the coverage required herein under blanket policies provided that the coverage afforded to Landlord shall not be primary irrespective of any liability insurance provided diminished by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leasereason thereof.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. a. The Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and deliver certificates Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in an amount of not less than $ 1,000,000 for injury to or death of one person in any one accident or occurrence and in an amount of not less than $ 2,000,000 for injury to or death of more than one person in any one accident or occurrence. In addition, Tenant shall maintain property damage insurance in an amount not less than $ 1,000,000. Landlord shall be included as a named insured in each such policy of insurance to Lessor showing such and a certificate or certificates evidencing coverage in companies satisfactory accordance with the terms and provisions hereof shall be delivered to Landlord, which certificate or certificates shall provide that Landlord shall be given at least ten (10) days' written notice prior to any change in or cancellation of the LandlordTenant's insurance policy. If Tenant shall fail fails or refuses to do soprocure or to maintain the insurance coverage required hereunder, or fails or refuses to furnish Landlord with proof that said coverage has been procured and is in force and paid for, Landlord may obtain shall the insurance right, at Landlord's election and charge the cost without notice to Tenant as additional rental. Tenant, at its expensebut without any obligation so to do, to procure and maintain such coverage. Tenant shall keep all of its furnishings, equipment and other personal property located reimburse Landlord on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policydemand for any premiums Landlord so pays. Such Each policy of insurance maintained by the Tenant hereunder shall be payable provide the insurer waives all rights of subrogation with respect to damage or loss covered by such policy. b. Tenant or as Tenant specifies. Tenant hereby releases shall indemnify, defend and hold Landlord harmless from any and all liability claims arising from Tenant's use of the Premises or from the conduct of its business or from any activity, work or thing which may be permitted or suffered by Tenant in or about the Premises and shall further indemnify, defend and hold Landlord harmless from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the provisions of this Lease or arising from any negligence of Tenant or any of its agents, contractors, employees or invitees and from any and all costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought thereon, including negotiations in connection therewith. Tenant hereby assumes all risk of damage to property or injury to persons in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage arises out of the sole fault of Landlord. c. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises; nor, unless through its sole fault, shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors and invitees, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Landlord or Tenant. Landlord shall not be liable for any damage to damages arising form any act or loss neglect of such personal property from any cause whatsoever except to the extent such loss or damage is the result other Tenant, if any, of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this LeaseBuilding.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. TenantLessee shall, at its expense, shall obtain provide and maintain in force during the entire term of this Lease, and any extension or renewal hereof, for its -6- operations in the Premises, the Building and the common areas, public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of coverage of not less than One Million Five Hundred Thousand and No/100 Dollars ($1,000,000.00500,000.00) for injury or death of any one person per person, and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyeach occurrence, and One Million property damage insurance with limits of coverage of not less than Five Hundred Thousand and No/100 Dollars ($1,000,000.00500,000.00) per occurrence, which may be incorporated into blanket or umbrella coverage of Lessee. Lessee's coverage must name Lessor as an additional insured. 12.1 Lessee acknowledges that Lessor is required under the terms of the Lease to maintain throughout the term of the Lease, casualty insurance and general comprehensive and extended coverage insurance for the Premises equal to the full insurable replacement value of the Building and all improvements thereon. Lessee acknowledges that no policy of insurance maintained by Lessor provides coverage for the property damages in of Lessee and is advised to obtain insurance coverage for said property. 12.2 Lessor shall provide evidence of Lessor's insurance coverage, and Lessee shall provide evidence of its insurance coverage, as required herein, upon execution of this Lease and thereafter within thirty (30) days of the aggregateanniversary date of such policies of insurance. Such Lessee's and Lessor's policies of insurance shall provide that the coverage name each other as additional insureds. If at any time Lessor or Lessee shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates receive a distribution of insurance to Lessor showing such coverage in companies satisfactory proceeds which is properly allocable to the Landlord. If Tenant interest of the other party, then the party receiving such distribution shall fail immediately distribute such proceeds to do so, Landlord may obtain the insurance party entitled to same. 12.3 Lessee will indemnify Lessor and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment save Lessor harmless from and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all claims, actions, damages, liability for any and expense (including, without limitation, reasonable fees of attorneys, investigators and experts) in connection with loss of life, personal injury or damage or damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result arising out of the negligence occupancy or use by Lessee of Landlordthe Premises or any part thereof or occasioned wholly or in part by any act or omission of Lessor, its agents agents, contractors, employees, licensees or employees and is not otherwise covered invitees, or by insurance required to be carried by Tenant breach of Lessor's obligations under the terms of this Lease.

Insurance and Indemnity. Subject A. If the Premises are damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Tenant shall, at its own expense, maintain a policy or policies of commercial general liability insurance with respect to Paragraph 4(d) above, Landlord shall keep the activities on the Property, Building . issued by and Improvements insured with binding upon an insurance company rated by A.M. approved with an AM Best as rating of A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisbetter. All such policies of Such insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts afford minimum protection of not less than One Million Dollars ($1,000,000.00) for injury 1,000,000 combined single limit coverage of bodily injury, property damage or death combination thereof. The City shall be an additional insured on Tenant's policy or policies of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtycommercial general liability insurance, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance Tenant shall provide that the coverage shall be primary irrespective City with current Certificates of any liability insurance provided by Landlord pursuant to Insurance evidencing Tenant's compliance with this Lease, or otherwiseParagraph. Tenant shall keep obtain the agreement of Tenant's insurers to notify the City that a policy is due to expire at least (10) days prior to such expiration or, if Tenant’s insurers do not so agree, Tenant undertakes to notify the City if any policy that Tenant is required to carry under this Agreement lapses or is canceled. The City shall not be required to maintain insurance in force against thefts within the Premises. C. The City shall not be liable for liability or damage claims for injury to persons or property from any cause relating to Tenant’s use of the Premises or for those arising out of damages or losses occurring on other areas immediately adjacent to the Premises that may be used by Tenant during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory or any extension thereof. But the foregoing does not release the City from liability to the Landlordextent arising out of the negligence or willful misconduct of the City, its officers, employees, agents, or contractors (the “City Parties”). If Tenant shall fail defend, indemnify and hold the City harmless against any and all liabilities, causes of action, claims, damages, demands, costs, penalties and expenses (including reasonable attorney’s fees and expenses incurred in the defense thereof) resulting from any injury to do soperson or property or from loss of life sustained in or about the Premises caused by, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantor resulting from any act, at its expenseomission, shall keep all or negligence of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as any employee, agent or invitee of Tenant specifiesor arising in connection with the presence, use, storage, disposal, release or transport of any hazardous materials on, under, from or about the Premises, arising from Tenant’s use of the Premises, except to the extent such damage or injury results from the intentional misconduct or the negligence of the City or the City Parties. In addition, Tenant hereby releases Landlord the City from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result to Tenant’s property caused by fire or any of the extended coverage casualties, unless such fire or other casualty shall be brought about by the misconduct or negligence of Landlord, its agents the City. Tenant’s obligations pursuant to this Section 8C shall survive the expiration or employees and is not otherwise covered by insurance required to be carried by Tenant under termination of this Lease.

Insurance and Indemnity. Subject Tenant will indemnify and save harmless Landlord and Rental Agent from any and all liability, damage, loss, expense, cause of action, suits, claims, or judgments arising from injury to Paragraph 4(d) aboveperson or property on the Leased Premises, Landlord shall keep or upon the Propertyadjoining sidewalks, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against otherwise resulting from the following: (a) “All Risk” coverage in the amount use of the full replacement cost Leased Premises. Tenant covenants that it will keep in force at its own expense at all times during the original and all renewal terms of this lease in companies and in form acceptable to Landlord with respect to the Building Leased Premises insurance covering Landlord and improvements. Tenant and Rental Agent as named insureds with minimum limits of Five Hundred Thousand Dollars (b$500,000.00) public liability on account of bodily injuries to or death of one person and Five Hundred Thousand Dollars ($500,000) on account of bodily injuries to or death of more than one person as the result of any one accident or disaster and property damage insurance with coverage limits of at least One Million Five Hundred Thousand Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance 500,000.00); and Tenant shall be payable deliver to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason Rental Agent upon the request of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies either a certificate of insurance shall provide that showing the coverage shall same to be primary irrespective of any liability insurance provided in force and effect. Unless otherwise indicated by Landlord pursuant to this Leasewriting endorsed hereon or attached hereto, or otherwise. Tenant shall keep such insurance in full force and effect at its own expense during the term original and all renewal terms of this Lease lease, replacement value fire and deliver certificates of casualty extended coverage insurance to Lessor showing such coverage in companies satisfactory with respect to the Leased Premises, and shall cause Landlord and Landlord's mortgagee, if any, to be named insureds on such policy. If Tenant shall fail not comply with its covenant to do somaintain insurance as provided herein, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantmay, at its expenseoption, cause insurance as aforesaid to be issued and, in such event, Tenant shall keep all of its furnishings, equipment and other personal property located on promptly pay when due the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” premiums for such insurance as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifiesadditional rent hereunder. Tenant hereby releases Landlord from any and will pay all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result excess insurance premiums (i.e., premiums in excess of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance usual premiums for a non-hazardous risk) required to be carried paid by Tenant under this LeaseLandlord on any buildings on the premises by reason of Tenant's use or occupancy thereof.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies1. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenantshall, at its own cost and expense, shall obtain public liability insurance for during the benefit of itself Lease term keep the building and Landlord and naming Landlord as an additional party insured and loss payee improvements on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully Property insured against loss or damage by fire and those risks such other contingencies covered by ‘‘extended coverage” an all-risk or special form insurance policy in an amount of not less than the full replacement cost of the building and improvements, without provision for deductible or co-insurance. Said policy shall provide, subject to the rights of Mortgagee, if any, that all proceeds payable thereunder shall be paid directly to Landlord or the party designated by Landlord. Said policy shall also include business interruption or loss-of-rent insurance to insure, without provision for deductible or co-insurance, the payment of rent under Article II of this Lease, the payment of taxes and assessments under Article III of this Lease, and for the payment of insurance premiums under this Article IV for a period of not less than twelve (12) months in the event of a casualty as provided contemplated by Article VIII of this Lease. 2. Tenant shall, at its own cost and expense, during the Lease term carry commercial general liability insurance with respect to the Property and the business operated by Tenant therein protecting Tenant, Landlord and Mortgagee, if any, and any other party designated by Landlord in an amount of not less than what is customary and prudent and which a Michigan standard fire reasonably prudent tenant would carry under similar circumstances, or such greater limit as Landlord may reasonably determine in accordance with prudent real estate management practices. 3. Tenant shall, at its own cost and expense, during the Lease term carry boiler and machinery insurance policyin the amount of not less than the replacement value of the building and improvements on the Leased Premises, on any steam boilers, pressure vessels and pressure piping installed in the Property. Such policy All proceeds of such insurance shall be payable directly to Tenant or as Tenant specifiesLandlord. 4. Tenant hereby releases shall, at its own cost and expense, during the Lease term carry insurance against fire, vandalism, malicious mischief and such other perils as are from time to time included in a standard extended coverage endorsement, insuring any betterments and improvements made by Tenant to the Property and all merchandise, trade fixtures, furnishings, equipment and all other items of personal property located at the Property. 5. All insurance policies required hereunder shall be written by an insurance company or companies acceptable to Landlord and in the name of Landlord, Tenant, Mortgagee, if any, and any other party designated by Landlord, as their interests appear. Such insurance shall be written as primary policy coverage and not contributing with or in excess of any coverage which Landlord may carry and shall be non-cancelable and non-amendable without thirty (30) days written notice to all such parties. The original policies or certificates thereof shall be furnished to Landlord with evidence of timely payment of the premium therefor prior to the commencement of the Lease term and not less than thirty (30) days prior to the expiration of any coverage. Landlord may at any time and from time to time inspect and/or copy any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance policies required to be carried procured by Tenant under this Lease. 6. Notwithstanding the foregoing provisions of the Article, if the provisions of any mortgage of the fee of the Property require deposits for insurance premiums next due be made with the Mortgagee, Tenant shall make such deposits with Mortgagee. 7. Tenant hereby agrees to indemnify and hold Landlord harmless against and from any and all claims by or on behalf of any person arising from the conduct or management of or from any work or thing whatsoever done in or about the Leased Premises, or arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Lease, or arising from any act or negligence of Tenant, or any occupant of the Leased Premises or any employees, guests, invitees, licensees or customers, or arising from any accident, injury or damage whatsoever caused to any person or property occurring during the term of this Lease in or about the Leased Premises, and from and against all judgments, costs, expenses and liabilities incurred in or about any such claim. Tenant, upon notice from Landlord, shall resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. The foregoing covenants and indemnification shall survive the expiration of the term of this Lease. 8. Landlord shall not be responsible or liable for any damage or injury to any property, fixtures, buildings or other improvements, or to any person or persons, at any time, on the Leased Premises, including any damage or injury to Tenant or to any of Tenant's agents, employees, contractors, guests, invitees, licensees or customers, whether occasioned by or through any act or neglect of Landlord or any other cause, negligent or otherwise, whatsoever. 9. Landlord and Tenant hereby expressly waive any right of recovery each party may have against the other for a loss to the Leased Premises or its contents due to fire or any peril included in the coverage of any applicable insurance policy required to be carried hereunder, however caused, including such losses as may be due to the negligence of Landlord or Tenant or their respective agents or employees. All policies of insurance required to be carried hereunder shall provide that the insurer waives all rights of recovery by way of subrogation against Landlord or Tenant in connection with any loss or damage covered by such policy.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep the Property, Building and Improvements insured with an maintain or cause to be maintained All Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvementsother improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the Building or buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All Risk insurance will be in the amounts required by any Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect of the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) commercial general liability insurance in respect of the Demised Premises and the conduct and operation of business therein, having a limit of liability not less than a $5,000,000 per occurrence for bodily injury or property damage coverage to include but not be limited to premises/operations, completed operations, contractual liability and product liability, (b) public automobile liability insurance covering all owned, hired and non-owned vehicles used by the Tenant in connection with the premises and any loading or unloading of such vehicles, with a limit of liability not less than $2,000,000 per accident and (c) worker’s compensation and employers liability insurance as required by statutes, but in any event not less than $500,000 for Employers Liability; (d) All Risk insurance in respect of loss or damage to Tenant’s stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property damage of Tenant in the Demised Premises in an amount equal to the full replacement value thereof as same might increase from time to time or such higher amount as either may be required by the holder of any fee mortgage, or is necessary to prevent Landlord and/or Tenant from becoming a co-insurer. Such insurance with shall include coverage for property of others in the care, custody and control of Tenant in amounts sufficient to cover the replacement value of such property, to the extent of Tenant’s liability therefor; and (e) such other insurance as Landlord may reasonably require. Landlord may at any time and from time to time require that the limits for the general liability insurance to be maintained by Tenant be increased to the limits that new tenants in the Building are required by Landlord to maintain. Tenant shall deliver to Landlord and any additional insured(s) certificates for such fully paid-for policies upon execution hereof. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) certificates therefor at least One Million Dollars thirty ($1,000.000.0030) on a combined single limit basisdays before the expiration of any existing policy. All such policies shall be issued by companies acceptable to Landlord, having a Bests Rating of not less than A, Class VII (or an equivalent S&P rating if requested by Landlord), and licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be canceled unless Landlord and any additional insured(s) are given at least thirty (30) days’ prior written notice of such cancellation. The policies and certificates of insurance shall (such certificates to be payable on Xxxxx form 27 or its equivalent) to be delivered to Landlord or as Landlord specifies. by Tenant pursuant to this Section 13.02 (other than workers compensation insurance) shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming name Landlord as an additional party insured and, at Landlord’s request, shall also name any Superior Lessors or Superior Mortgagees as additional insureds, and loss payee the following phrase must be typed on the policies with limits in amounts certificate of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyinsurance: “Xxxxx Mountain Industries, Inc., and One Million Dollars its respective subsidiaries, affiliates, associates, joint ventures, and partnerships, and ($1,000,000.00if Landlord has so requested) property damages in the aggregateSuperior Lessors and Superior Mortgagees are hereby named as additional insureds as their interests may appear. Such policies of It is intended for this insurance shall provide that the coverage shall to be primary irrespective of and non-contributing.” Tenant shall give Landlord at least thirty (30) days’ prior written notice that any liability insurance provided by Landlord pursuant to this Lease, such policy is being canceled or otherwisereplaced. 13.03. Tenant shall keep such not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant’s business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in force during effect in respect of the term Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Lease Section 13.03, in addition to all other rights and deliver certificates remedies of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Landlord hereunder, Tenant shall fail to do so, (a) indemnify Landlord may obtain and the insurance Superior Lessors and charge hold Landlord and the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment Superior Lessors harmless from and other personal property located on the Leased Premises fully insured against any loss or damage by fire and those risks which would have been covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy which shall have become void or suspended because of insurance shall be payable such breach by Tenant and (b) pay to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for increases of premiums on any damage to or loss of such personal property insurance, including, without limitation, rent insurance, resulting from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Leasebreach.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep the Property, Building and Improvements insured with an maintain or cause to be maintained All-Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvementsother improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the Building and except for buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All-Risk insurance will be in the amounts required by the Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect to the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, with limits of not less than $6,000,000 for bodily injury or death and $3,000,000 for property damage, including water damage, sprinkler leakage legal liability, independent contractors, premises operation, products and completed operations, (b) public All-Risk insurance in respect to Tenant’s stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs, and all other property of Tenant in the Demised Premises, in any amounts required by any Superior Lessor or any Superior Mortgagee but not less than 80% of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the coinsurance provisions of the applicable policy or policies; (c) workers’ compensation insurance; (d) rental insurance in an amount equal to not less than one (1) year’s Fixed Rent and Additional Rent, which shall be automatically renewable annually; (e) Business Loss insurance and (f) any other insurance required for compliance with the Insurance Requirements. Landlord, any manager of the Building and any Superior Lessors or Superior Mortgagees shall be named as insureds in all said policies of insurance and shall be protected against all liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basisoccasioned by an occurrence insured against. All such policies of insurance shall be payable to be: (i) written as “occurrence” policies; (ii) written as primary policy coverage and not contributing with or in excess of any coverage which Landlord or as Landlord specifiesany Superior Mortgagee or Superior Lessor may carry; and (iii) issued by insurance company reasonably satisfactory to Landlord. Tenant shall deliver to Landlord and any other insured(s) certificates for such fully paid-for policies at least ten (10) days before the Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other insured(s) certificates therefor at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in the State of Washington and all such policies shall contain a provision whereby the insurer shall provide written notice to Landlord and any additional insured(s) at least twenty (20) days prior to cancellation or modification of such policies. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant’s business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect to the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Use. Landlord shall give Tenant written notice in the event Landlord becomes aware of Tenant’s breach of the provisions of this Section 13.03. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord against Landlord, Superior Lessors and save Landlord the Superior Mortgagees, and hold Landlord, Superior Lessors and Superior Mortgagees harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord any and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04. Subject to Section 13.03 and to the extent not covered by Tenant’s insurance, Tenant shall indemnify, defend and hold harmless Landlord, Superior Mortgagee and all Superior Lessors and their respective partners, joint venturers, directors, officers, agents, servants and employees from and against any and all claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any business therein or any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises, caused by Tenant, or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents employees representatives or contractors; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents, employees or contractors; (c) any accident, injury or damage whatever (unless and to the extent caused by Landlord’s negligence) occurring in the Demised Premises, caused by Tenant, or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers agents, employees or contractors; and (d) any breach or default by Tenant in the full and prompt payment and performance of Tenant’s obligations under this Lease. liability Tenant’s obligation to indemnify shall also include all costs, expenses and liabilities incurred in or in connection with each such claim for damages which may be asserted or action or proceeding brought thereon, including without limitation, all attorney’s fees, expert fees and expenses. In case any action or proceeding is brought against Landlord Landlord, Superior Mortgagee and/or any Superior Lessor and/or its or their partners, joint venturers, directors, officers, agents and/or employees by reason of such claim, Tenant upon notice from Landlord, Superior Mortgagee and/or such Superior Lessor, shall resist and defend such action or proceeding by counsel reasonably satisfactory to Landlord. 13.05. Landlord, Superior Mortgagee or any accident Superior Lessor, shall not be liable to or casualty occurring inresponsible for, on and Tenant hereby releases Landlord, Superior Mortgagee and Superior Lessor from all liability and responsibility to Tenant and any person claiming by, through or about under Tenant, by way of subrogation, for any injury, loss or damage to any person or property in the Leased Demised Premises or otherwise arising from to Tenant’s use and occupancy business irrespective of the Leased Premises except cause of such as arise from injury, loss or damage. This release shall apply to the negligence extent that such injury, loss or damage to person or property is covered and actually paid by insurance, regardless of whether such insurance is payable to or protects Landlord, Tenant or both. Nothing herein shall be construed to impose any other or greater liability upon Landlord than would have existed in the absence of this provision. Further, Tenant shall require its insurers to include in all of Tenant’s insurance policies which could give rise to a right of subrogation against Landlord, Superior Mortgagee and Superior Lessor a clause or endorsement whereby the insurer waives any rights of subrogation against Landlord, Superior Mortgagee and such Superior Lessor or permits the insured, prior to any loss, to agree with a third party to waive any claim it may have against said third party without invalidating the coverage under the insurance policy. The release in favor of Landlord, its agents Superior Mortgagee and Superior Lessors, contained herein, is in addition to, and not in substitution for, or employeesin diminution of the hold harmless and indemnification provisions contained in this Article and in Article 23. 13.06. TenantExcept as provided herein, at its expense, Tenant shall obtain public liability insurance not be liable or responsible for the benefit of itself and Landlord hereby releases Tenant from all liability and naming responsibility to Landlord as an additional party insured and loss payee on the policies with limits in amounts any person claiming by, through or under Landlord by way of not less than One Million Dollars ($1,000,000.00) subrogation for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyinjury, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided to any person or property in a Michigan standard fire insurance policy. Such policy the Demised Premises irrespective of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss the cause of such personal property from any cause whatsoever except injury, loss or damage. This release shall apply to the extent that such injury, loss or damage to person or property is covered by insurance, regardless of whether such insurance is payable to or protects Landlord, Tenant or both. Nothing herein shall be construed to impose any other or greater liability upon Tenant than would have existed in the result absence of the negligence this provision. Further, Landlord shall require its insurers to include in all of Landlord’s insurance policies which could give rise to a right of subrogation against Tenant, its agents a clause or employees and is not otherwise covered by endorsement whereby the insurer waives any right of subrogation against Tenant or permits the insured, prior to any loss, to agree with a third party to waive any claim against said third party without invalidating the coverage under the insurance required to be carried by Tenant under this Leasepolicy.

Insurance and Indemnity. Subject Landlord agrees to Paragraph 4(dcarry property insurance for the leased premises with coverage under a Special Cause of Loss Form, subject to the standard exclusions, in an amount equal to one hundred percent (100%) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full insurable value of the leased premises (subject to reasonable loss deductible clauses) with insurance companies authorized to do business in the State of South Dakota. The term "full insurable value" shall mean the actual replacement cost less physical depreciation and exclusive of land, excavations, footings and parking lots. Landlord shall not provide insurance protection for Tenant’s personal property or improvements. Tenant agrees to carry property insurance coverage under a Special Cause of Loss Form, subject to the Building standard exclusions, covering the contents and improvements. (b) public personal property of Tenant on the leased premises in such amount or amounts as selected by Tenant. Tenant also agrees to maintain a policy of commercial general liability and insurance with a per event limit of one million dollars for property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages personal injury which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising emanate from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwiseleased premises. Tenant shall keep such insurance in force during the term of this Lease and deliver agrees to provide Landlord certificates of insurance to Lessor showing such evidencing said coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifiesupon request. Tenant hereby releases expressly agrees to indemnify and hold Landlord harmless from any and all liability for any damage damages to persons or loss of such personal property or from any cause whatsoever except to other claims, liabilities, costs or expenses (including attorney's fees), resulting from the extent such loss acts or damage is the omissions, including default or negligence, of Tenant or its employees, principals, agents, successors or assigns arising from or as a result of the negligence performance of Landlordthis Lease. Landlord hereby expressly agrees to indemnify and hold Tenant harmless from any and all damages to persons or property or from any other claims, its agents liabilities, costs or employees and is not otherwise covered by insurance required to be carried by Tenant under expenses (including attorney's fees), resulting from the acts or omissions, including default or negligence, of Landlord or Landlord employees, principals, agents, successors or assigns arising from or as a result of the performance of this Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. 15.1 Tenant, at its sole cost and expense, shall obtain public and keep in force from the date hereof and continuing during the term of this Lease policies of Commercial General Liability Insurance from financially responsible insurers selected by Tenant subject to the Landlord's reasonable satisfaction insuring Landlord, its mortgagee, if any, and Tenant against liability arising out of the existence, ownership, use, occupancy or maintenance of the Demised Premises, and all areas appurtenant thereto. These polices will provide coverage against Personal and Advertising Injury and Products Liability. Such insurance for the benefit of itself and Landlord and naming Landlord as shall be in an additional party insured and loss payee on the policies with limits in amounts amount of not less than One Million Dollars ($1,000,000.00) for injury Personal or death of any one person Advertising Injury, each occurrence and not less than One Three Million Dollars ($1,000,000.003,000,000.00) for damages to property resulting from one casualtyaggregate, and One Products and Completed Operations Liability in an amount of Three Million Dollars ($1,000,000.003,000,000.00), each occurrence and Three Million Dollars ($3,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that Further, the coverage Landlord shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. named as an additional insured for all coverages referenced in paragraph 15.1. 15.2 Tenant shall obtain and keep such insurance in force from the date hereof and continuing during the term of this Lease and deliver certificates a policy or policies of insurance to Lessor showing such coverage in companies satisfactory covering loss or damage to the Landlord. Demised Premises in the amount of the full replacement value thereof, less physical depreciation, excepting therefrom the value of foundations, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief and special extended perils (all risk) and flood if the properties are located in federally designated flood prone areas. 15.3 If Tenant shall fail to do so, Landlord may obtain the insurance procure and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from maintain any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by this Section 15, Landlord may, but shall not be obligated to, procure and maintain the same, but at the expense of Tenant and Tenant shall reimburse Landlord for the cost thereof on demand. 15.4 Upon the execution hereof, Tenant shall deliver to Landlord certificates of such insurance naming Landlord and Landlord's mortgagee, if any, as an additional named insured with a loss payable clause satisfactory to Landlord and Landlord's mortgagee. Such insurance shall not be cancelable except after thirty (30) days prior written notice to Landlord and Landlord's mortgagee. Tenant shall, prior to the expiration or cancellation such policies, furnish Landlord with renewals thereof. Tenant shall not do or permit to be done anything which shall invalidate the insurance coverage referred to in this Section 15. 15.5 Tenant, during the term hereof, shall indemnify and hold harmless Landlord from and against any and all claims of any kind of nature arising from the existence of or from Tenant's use or misuse of the Demised Premises, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Demised Premises and shall further indemnify and hold harmless Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or the negligence of any of Tenant's agents, invitees, contractors, or employees, sublessees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 12.1 Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property not be liable for any damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident kind or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for any injury to or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages persons or damage to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of Tenant or any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force other person during the term of this Lease from any cause whatsoever, by reason of the use, occupancy and deliver certificates enjoyment of the Premises by Tenant or any person holding under or a guest, invitee or licensee of Tenant. Tenant will indemnify and hold harmless the Landlord from all liability whatsoever, on account of any such real or claimed damage or injury and from all liens, claims and demands arising out of the use of the Premises, or any repairs or alterations which the Tenant may make upon said Premises, but Tenant shall not be liable for damage or injury occasioned by the intentional wrongful acts of Landlord and its designated agents, servants or employees unless covered by insurance Tenant is required to provide. The obligation to indemnify shall include the retention of reasonable legal counsel and investigation costs, and all other reasonable costs, expenses and liabilities from the first notice that any claim or demand is to be made or may be made. 12.2 Tenant will carry and maintain, at its sole cost and expense, and as further rent due hereunder, the following types of insurance, in the amounts specified and in the form provided for in this paragraph: (a) Broad-form comprehensive public liability insurance policy with limits of not less than $2,000,000 per person and $2,000,000 per occurrence insuring against any and all liability of the insured with respect to the Premises or arising out of its maintenance, use or occupancy, and property damage liability insurance with a limit of not less than $2,000,000 per accident or occurrence. All such liability insurance and property damage liability insurance shall specifically insure the performance by Tenant of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property. (b) Policy of glass breakage with liability in a sum equal to the replacement value of any and all plate glass within the Premises. However, in the event that Tenant deems the cost of such insurance to be too expensive, Tenant need not carry such insurance, but Tenant is responsible for the maintenance of the plate glass within the Premises and is obligated to repair any glass breakage whenever the same shall occur. (c) Policy or policies of fire insurance with standard form extended coverage endorsement to the extent of at least one hundred percent (100%) of the full insurable value of Tenant's improvements, fixtures, equipment and merchandise which may from time to time be located within the Premises and trade fixtures and equipment of any other person which are in Tenant's possession and which are located within the Premises. The proceeds from any such policy or policies shall be used for the repair or replacement of said improvements, fixtures, equipment and merchandise. Tenant shall be obligated to make all necessary repairs and improvements to the Premises at Tenant's expense. (d) Worker's compensation insurance policies with respect to all Tenant's employees. 12.3 All policies of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If be provided for herein by Tenant shall fail be issued by companies having a rating of not less than A and a financial rating of AAA as rated in the most current available "Best's Insurance Reports," and qualified to do sobusiness in the State of California. Said policies, shall be issued in the names of Landlord may obtain and Tenant and for the mutual and joint benefit and protection of said parties. All public liability and property damage policies shall contain a provision that Landlord, although named as an insured, shall nevertheless be entitled to recover under said policies for any loss, injury or damage to Landlord, its servants, agents and employees by reason of the negligence of Tenant. 12.4 Each year Tenant shall deliver to Landlord policies evidencing the insurance and charge the cost to be procured by Tenant as additional rentalprovided above or deliver in lieu thereof certificates of coverage from the insurance company or companies writing the policy or policies, which certificates shall, among other things, designate the company writing the same, the number of the policy, amount and provisions thereof. TenantUpon Landlord's written request, at its expense, shall keep all duplicate copies of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy such certificates of insurance shall be payable delivered to Landlord's mortgagees. Landlord will be named as additional insured on all polices which Tenant is required to maintain. 12.5 All insurance policies shall contain a provision that such policies shall not be cancelled or as Tenant specifiesterminated without thirty (30) days prior notice from the insurance company to Landlord. Tenant hereby releases agrees that on or before ten (10) days prior to expiration of any insurance policy, Tenant will deliver to Landlord written notification in the form of a receipt or other similar document from the applicable insurance company that said policy or policies have been renewed or deliver certificates of coverage from another good and solvent insurance company, as described above, for such coverage. 12.6 Tenant shall procure an appropriate clause in, or an endorsement on, any policy of fire or extended coverage insurance covering the personal property, fixtures and all liability for equipment located in or on the Premises, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery against Landlord if it can do so without additional cost. Tenant agrees that it shall not make any damage claim or seek to or loss of such personal property recover from Landlord any cause whatsoever except to the extent such loss or damage is to its property or the result property of the negligence of Landlordothers, its agents resulting from fire or employees and is not otherwise other hazards covered by such fire and extended coverage insurance. 12.7 Tenant will also pay in full, and prior to delinquency, all premiums for Landlord's fire and extended coverage insurance required to be carried by Tenant under this Leasefor the Premises.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage Landlord shall, from and after the date hereof, maintain insurance policies covering the Building and the Appurtenances against loss, damage, or destruction caused by boiler explosion or machinery breakdown, fire and the perils specified in the amount standard extended coverage endorsement, by vandalism and malicious mischief, and by sprinkler, gas, water, steam and sewer leakage, and shall also maintain when appropriate builder's risk insurance. Fire and extended coverage shall equal at least 80 percent of the full replacement cost (valued at the full replacement cost without deduction for depreciation) of the Building and improvementsthe Appurtenances, exclusive of architectural and engineering fees, excavation, footings and foundations, but in any event sufficient to prevent application of any coinsurance provision, and shall include an inflation guard endorsement, or such greater coverage as Landlord shall reasonably determine. Such policies shall provide for a deductible not greater than $10,000.00 from any loss payable and shall contain appropriate endorsements denying Landlord's insurers the right of subrogation against Tenant and providing Tenant 30 days notice of cancellation. Tenant may inspect the policies upon request. (b) public Landlord shall, from and after the date hereof, maintain insurance policies covering Landlord's liability for all claims or losses (other than those for which liability is waived by express provision in this Lease) resulting from any injury on the Land or Building to property or persons from any cause whatsoever in a single limit of not less than $5,000,000. (c) During the Term, Tenant shall keep its personal property in and property about the Premises insured against loss or damage caused by peril covered under fire, extended coverage and all risk insurance with coverage of in an amount equal to at least One Million Dollars ($1,000.000.00) on a combined single limit basis80 percent of the full insurable value thereof. All The proceeds of such policies of insurance shall be payable used only for the replacement or restoration of such personal property. Such policies shall contain appropriate endorsements denying Tenant's insurer the right of subrogation against Landlord and providing Landlord 30 days notice of cancellation. Landlord may inspect Tenant's policies upon request. Notwithstanding the foregoing, this section 10(c) shall be suspended and of no force and effect for so long as the named Tenant or any affiliate thereof remains a tenant hereunder. Tenant agrees that Landlord shall have no liability or responsibility whatsoever for any damage to any person or property within the Premises due to Landlord or as its agents, employees or contractors, except to the extent that the insurance policies listed in Sections 10(a) and (b) cover, and then only to the extent of such coverage ("Insured Risks"); provided, however, that Landlord specifies. shall continue to remain liable for claims and losses that are not covered by the terms of such policies ("Uninsured Risks"). (d) During the Term, Tenant shall indemnify Landlord procure, keep in force and pay for comprehensive general liability insurance insuring Tenant on an occurrence basis against all claims and save Landlord harmless from any. demands for personal liability including bodily injury, sickness, disease and death) or claim for damages damage to property which may be asserted against Landlord by reason claimed to have occurred from and after the time Tenant entered the Premises of not less than $5,000,000.00 in the event of personal injury to any number of persons or damage to property, arising out of any accident one occurrence. Such insurance shall provide that it shall not be canceled or casualty occurring inmodified without at least 30 days prior written notice to each insured named therein. Landlord may inspect the policies upon request. Notwithstanding the foregoing, on this Section 10(d) shall be suspended and of no force and effect for so long as the named Tenant or about any affiliate thereof remains a tenant hereunder. (e) Tenant indemnifies and agrees to hold harmless Landlord from all claims or losses (other than those for which liability is waived by express provision in this Lease) resulting from any injury upon the Leased Premises to property or otherwise arising persons due to any negligence of Tenant, its agents, employees or contractors, Landlord indemnifies and agrees to hold harmless Tenant from Tenant’s use all claims and occupancy of losses (other than those for which liability is waived by express provision in this Lease) resulting from any injury in or upon the Leased Premises except such as arise from Land or the Building to property or persons due to any negligence of Landlord, its agents agents, employees or employees. Tenantcontractors, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except but only to the extent that such loss claims and losses are, or damage is the result of the negligence of Landlordwould be, its agents or employees and is not otherwise covered by the policies of insurance required to be carried by Landlord hereunder (also "Insured Risks"); provided, however, that Landlord shall continue to remain liable for claims and losses that are not, or would not be, covered by the terms of such policies (also "uninsured Risks"). Neither party's indemnification of the other party as provided in this Section 10 shall be applicable to the extent that such claims result in whole or in part from the negligence or the breach of this Lease by the other party, nor in any event shall either party be liable to the other for indirect or consequential damages. (f) The costs of all insurance pursuant to this section maintained by Landlord for the benefit of Landlord and Tenant under this Leaseshall be paid by Tenant to Landlord, as additional rent hereunder, within 30 days of a written request therefor from Landlord to Tenant accompanied by a statement setting forth the premium for such insurance, or as set forth in Section 4.

Insurance and Indemnity. Subject A. Tenant agrees to Paragraph 4(d) abovecarry, Landlord shall keep during the PropertyTerm hereof, Building insurance for fire, extended coverage, vandalism and Improvements insured with an insurance company rated by A.M. Best as A- or better against malicious mischief, insuring the following: (a) “All Risk” coverage improvements in the amount of Demised Premises and all appurtenances thereto for the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifiesvalue thereof. Tenant shall name Landlord as the Insured and provide Landlord with a copy of the insurance policy which shall not be cancellable without thirty (30) day written notice from the insurance company to Landlord. B. Tenant and all parties claiming under Tenant releases and discharges Landlord from all claims and liabilities arising from or caused by any casualty or hazard covered by Landlord's insurance on the Demised Premises or in connection with property on or activities conducted on the Demised Premises, and Tenant waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof. Each insurance policy procured hereunder shall provide that the insurance company waives all right of recovery by way of subrogation against either Landlord or Tenant in connection with any damage covered by its policy. This waiver shall not be required if the insurance carrier charges an additional premium in order to provide such waiver and the party benefitting from the waiver does not agree to pay the additional premium. C. Tenant hereby agrees to indemnify Landlord against and save hold Landlord harmless from any. liability any and all claims, damages, liabilities or claim for damages which may be asserted against Landlord expenses arising out of or in connection with Tenant's use of Demised Premises except to the extent covered and paid by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from foregoing insurance or to the extent caused by the negligence of, wilful misconduct of or breach of the terms of this Lease by Landlord, its agents employees, contractors or employeesagents. TenantNothing contained in this provision, at its expenseArticle 14(C), shall obtain public apply with respect to claims, damages, liabilities or expenses arising under, from or in connection with Environmental Laws, all of which shall be governed solely by Article 7 above. D. From the Rent Commencement Date and during the Term and all Renewal Terms, Tenant shall maintain liability insurance covering the Demised Premises for the benefit protection of itself and Landlord and naming Landlord Tenant as an additional party insured and loss payee on the policies their interests may appear, with limits in amounts of not less than One Million Dollars ($1,000,000.00) 1,000,000.00 for death or injury or death of to any one person and not less person, $2,000,000.00 for death or injury to more than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyperson, and One Million Dollars ($1,000,000.00) 1,000,000.00 for property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwisedamage. Tenant shall keep promptly, within ten (10) days after the Rent Commencement Date, provide Landlord with a certificate or certificates from the insurer evidencing that all insurance is in force, that Landlord and tenant are covered by such insurance in force during the term of this Lease policy or policies as their interests may appear, and deliver certificates of insurance to Lessor showing that such coverage in companies satisfactory policy or policies are noncancellable without thirty (30) days advance notice to the Landlord. If , and, in the event that Tenant shall fail fails to do sofurnish said certificates to Landlord, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance this Lease shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of terminable at Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease's option.

Insurance and Indemnity. Subject to Paragraph 4(d) above13.01. Throughout the Term, Landlord shall keep maintain or cause to be maintained All Risk insurance in respect of the PropertyBuilding, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage improvements in the amount Demised Premises constructed as part of Landlord's Work, but excluding Tenant's Property) and other improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the full replacement cost Building or buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All Risk insurance will be in the amounts required by any Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect of the Building and improvementsLand. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, having not less than a $5,000,000.00 combined single limit per occurrence for bodily injury or death to any one person and for bodily injury or death to any number of persons in any one occurrence, and for property damage, including water damage and sprinkler leakage legal liability (coverage to include but not be limited to (i) premises operation, completed operations, broad form contractual liability and product liability, (ii) comprehensive automobile, truck and vehicle liability insurance covering all owned, hired and non-owned vehicles used by the contractor(s) in connection with their work and any loading of such vehicles, with limits as stated above and (iii) worker's compensation, employers liability and occupational disease insurance as required by statutes), (b) air conditioning and machinery insurance, protecting Landlord and Tenant, with limits of not less than $500,000, if there is a boiler or pressure object or other similar equipment in the Demised Premises owned by Tenant, and (c) All Risk insurance in respect of Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property of Tenant in the Demised Premises in any amounts reasonably required by any Superior Lessor or any Superior Mortgagee but not less than eighty percent (80%) of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may at any time and from time to time require that the limits for the comprehensive general public liability insurance to be maintained by Tenant be reasonably increased to the limits that new tenants in the Building are required by Landlord to maintain. Tenant shall deliver to Landlord and property damage insurance with coverage of any additional insured(s) certificates for such policies at least One Million Dollars ten ($1,000.000.0010) on a combined single limit basisdays before the Commencement Date. Tenant shall procure renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) certificates therefor at least thirty (30) days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility, having a Bests Key Rating Guide of not less than A-, Class VII, licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be canceled unless Landlord and any additional insured(s) are given at least thirty (30) days' prior written notice of such cancellation. The certificates of insurance to be delivered to Landlord by Tenant shall upon fifteen (15) days notice name Landlord as an additional insured and, at Landlord's request, shall also name upon fifteen (15) days notice any Superior Lessors or Superior Mortgagees as additional insureds, and the following will be added to the policy and shown on any certificate of insurance thereof or be attached thereto as an endorsement: "Xxxxx Mountain Industries, Inc., and its respective subsidiaries, affiliates, associates, joint ventures, and partnerships, are hereby named as additional insureds as their interests may appear (and if Landlord has so requested, Tenant shall include any Superior Lessors and Superior Mortgagees as additional insured(s)). It is intended for this insurance to be primary and non-contributing." Tenant shall give Landlord at least thirty (30) days' prior written notice that any such policy is being canceled or replaced. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant's business in any manner whereby the fire insurance or any other insurance then in effect in respect of the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be payable higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the Superior Lessors and hold Landlord and the Superior Lessors harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord or as Landlord specifiesany and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04. Tenant shall indemnify and hold harmless Landlord and all Superior Lessors and its and their respective partners, joint venturers, directors, officers, agents, servants and employees from and against any and save Landlord harmless all claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Landlord) in the Demised Premises during the Term or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Demised Premises; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint ventures, directors, officers, agents, or employees in connection with the Demised Premises; and (c) any accident, injury or damage whatever (except to the extent caused solely by Landlord's negligence) occurring in the Demised Premises; together with all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including, without limitation, all attorneys' fees and expenses. liability In case any action or claim for damages which may be asserted proceeding is brought against Landlord and/or any Superior Lessor and/or its or their partners, joint venturers, directors, officers, agents and/or employees by reason of any accident such claim, Tenant, upon notice from Landlord or casualty occurring insuch Superior Lessor, on shall resist and defend such action or about the Leased Premises or otherwise proceeding (by counsel reasonably satisfactory to Landlord). Landlord shall indemnify and hold harmless Tenant and its partners, joint venturers, directors, officers, agents, servants from and against any and all claims arising from Tenant’s use and occupancy or in connection with (a) the possession, use, occupation, management, repair, maintenance or control of the Leased Premises except Common Areas or Building or a portion thereof by Landlord during the Term, (b) willful or negligent act or omission of Landlord or its partners, joint ventures, directors, officers, agents, or employees in connection with the Commo Areas or Building, (c) any accident, injury or damage to persons or property or loss of life sustained in the Common Areas or the Building to the extent due to the negligent or willful acts or omission of Landlord or its partners, joint ventures, directors, officers, agents, or employees; together with all costs, expenses and liabilities incurred in connection with each such as arise from the negligence claim, action or proceeding brought thereon including, without limitation, all attorney's fees and expenses. In case any action or proceeding it brought against Tenant and/or its partners, joint venturers, directors, officers, agents and/or employees by reason of any such claim, Landlord, its agents or employees. upon notice from Tenant, at its expense, shall obtain public liability insurance for the benefit of itself resist and Landlord and naming Landlord as an additional defend such action or proceeding by counsel reasonably satisfactory to Tenant. 13.05. Neither party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury shall be liable or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyresponsible for, and One Million Dollars ($1,000,000.00) property damages in each party hereby releases the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any other from, all liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory responsibility to the Landlord. If Tenant shall fail to do soother and any person claiming by, Landlord may obtain through or under the insurance and charge the cost to Tenant as additional rental. Tenantother, at its expenseby way of subrogation for any injury, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided to any person or property in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to around the Demised Premises, the Building or loss of such personal property from any cause whatsoever except Common Areas or to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise other's business covered by insurance carried or required to be carried by Tenant hereunder irrespective of the cause of such injury, loss or damage, and each party shall require its insurers to include in all of such party's insurance policies which could give rise to a right of subrogation against the other a clause or endorsement whereby the insurer waives any rights of subrogation against the other or permits the insured, prior to any loss, to agree with a third party to waive any claim it may have against said third party without invalidating the coverage under this Leasethe insurance policy.

Insurance and Indemnity. Subject to Paragraph 4(d) above, 13.01. Landlord shall keep the Property, Building and Improvements insured with an maintain or cause to be maintained All Risk insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost respect of the Building and improvementsother improvements on the Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.02 and similar property of other tenants and occupants of the Building or buildings and other improvements which are on land neither owned by nor leased to Landlord) for the benefit of Landlord, any Superior Lessors, any Superior Mortgagees and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant, and shall maintain rent insurance as required by any Superior Lessor or any Superior Mortgagee. The All Risk insurance will be in the amounts required by any Superior Lessor or any Superior Mortgagee but not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect of the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.02. Tenant shall maintain the following insurance: (a) comprehensive general public liability insurance in respect of the Demised Premises and the conduct and operation of business therein, having not less than a $5,000,000.00 combined single limit per occurrence for bodily injury or death to any one person and for bodily injury or death to any number of persons in any one occurrence, and for property damage, including water damage and sprinkler leakage legal liability (coverage to include but not be limited to (i) premises operation, completed operations, broad form contractual liability and product liability, (ii) comprehensive automobile, truck and vehicle liability insurance covering all owned, hired and non-owned vehicles used by the contractor(s) in connection with their work and any loading of such vehicles, with limits as stated above and (iii) worker's compensation, employers liability and occupational disease insurance as required by statutes, but in any event not less than $500,000.00 for Coverage B covering all damages and injuries arising from each accident or occupational disease) and (b) All Risk insurance in respect of Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property of Tenant in the Demised Premises in any amounts required by any Superior Lessor or any Superior Mortgagee but not less than eighty percent (80%) of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies, and (c) such other insurance as is required for compliance with the Insurance Requirements. Landlord may at any time and from time to time require that the limits for the comprehensive general public liability insurance to be maintained by Tenant be increased to the limits that new tenants in the Building are required by Landlord to maintain (provided the limits for such new tenant(s) are not predicated upon some ultra-hazardous activity). Tenant shall deliver to Landlord and property damage any additional named insured(s) certificates for such fully paid-for policies upon execution hereof Upon request of Landlord, Tenant shall furnish Landlord with copies of all such insurance with coverage policies. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured(s) certificates therefor at least One Million Dollars thirty ($1,000.000.0030) on a combined single limit basisdays before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility, having a Bests Key Rating Guide of not less than A, Class VII, licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be canceled unless Landlord and any additional insured(s) are given at least thirty (30) days' prior written notice of such cancellation. The certificates of insurance to be delivered to Landlord by Tenant shall name Landlord as an additional insured and, at Landlord's request, shall also name any Superior Lessors or Superior Mortgagees as additional insureds, and the following phrase must be typed on the certificate of insurance: "Xxxxx Mountain Industries, Inc., and its respective subsidiaries, affiliates, associates, joint ventures, and partnerships, are hereby named as additional insureds as their interests may appear (and if Landlord has so requested, Tenant shall include any Superior Lessors and Superior Mortgagees as additional insured(s)). It is intended for this insurance to be primary and non-contributing." Tenant shall give Landlord at least thirty (30) days' prior written notice that any such policy is being canceled or replaced. 13.03. Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the Demised Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company or companies whereby the fire insurance or any other insurance then in effect in respect of the Land and Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be payable higher than those which would normally have been in effect for the occupancy contemplated under the Permitted Uses. In case of a breach of the provisions of this Section 13.03, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the Superior Lessors and hold Landlord and the Superior Lessors harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such breach by Tenant and (b) pay to Landlord or as Landlord specifiesany and all increases of premiums on any insurance, including, without limitation, rent insurance, resulting from any such breach. 13.04. Tenant shall indemnify Landlord against and save Landlord hold harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured all Superior Lessors and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person its and not less than One Million Dollars ($1,000,000.00) for damages to property resulting their respective partners, joint venturers, directors, officers, agents, servants and employees from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for claims arising from or in connection with (a) the conduct or management of the Demised Premises or of any damage to business therein, or loss any work or thing whatsoever done, or any condition created (other than by Landlord or its agents) in the Demised Premises during the Term or during the period of such personal property from any cause whatsoever except time, if any, prior to the extent such loss Commencement Date that Tenant may have been given access to the Demised Premises; (b) any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, joint venturers, directors, officers, agents, employees or contractors; (c) any accident, injury or damage is whatever (unless caused solely by Landlord's or its agent's negligence) occurring in the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease.Demised Premises; and

Insurance and Indemnity. Subject to Paragraph 4(d(a) aboveAt Landlord's expense, Landlord shall keep carry and maintain, or cause to be carried and maintained, at all times during the Propertyterm of this Lease, All Risk Property insurance covering the full replacement value of the Building and Improvements insured with an subject to deductibles. To the extent the premium paid by Landlord for this insurance company rated by A.M. Best as A- shall be increased because of Tenant's operations or better against the following: (a) “All Risk” coverage contents or improvements in the Premises, Tenant agrees to pay the excess amount of the full replacement cost of premium upon demand by Landlord. Tenant shall not do or permit to be done any act or thing in the Building and improvementsPremises which would invalidate or conflict with the Building's insurance policies. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. At Tenant's expense, Tenant shall indemnify Landlord against carry and save Landlord harmless from any. liability maintain, or claim for damages which may cause to be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use carried and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenantmaintained, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force all times during the term of this Lease Lease, All Risk Property insurance covering the full replacement value of Tenant's improvements, betterments and deliver certificates of insurance contents including those made by Landlord to Lessor showing such coverage in companies prepare the Premises for Tenant, with deductibles reasonably satisfactory to the Landlord. If Tenant shall fail to do so, Neither Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at nor its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance agents shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability liable for any damage to property of Tenant or of others that has been entrusted to employees of the Building or for the loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result to any property of the negligence of LandlordTenant by theft or otherwise. (c) At Tenant's expense, its agents Tenant shall carry and maintain, or employees and is not otherwise covered by insurance required cause to be carried by Tenant under and maintained, at all times during the term of this Lease, commercial general liability insurance described herein ("Liability Policy"). Such Liability Policy shall include Landlord (and any other party reasonably required by Landlord) as an Additional Insured and be written on an "occurrence basis" and include, without limitation, blanket contractual liability coverage, broad form property damage, business interruption coverage, independent contractors coverage and personal injury coverage protecting Landlord against liability (except for liability resulting from the gross negligence or willful misconduct of Landlord) occasioned by any occurrence on or about the Premises including portions of the Building affected by Tenant's use. Such primary Liability Policy shall be maintained in an amount not less than $1,000,000 for a single occurrence limit and $2,000,000 for an aggregate limit. In addition, Tenant shall maintain excess or umbrella liability insurance providing equally broad coverage in an amount of not less than $10,000,000.00.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord shall keep the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable to Landlord or as Landlord specifies. Tenant shall indemnify Landlord against obtain and save Landlord harmless from any. liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force maintain during the term of this Lease commercial general liability insurance with a combined single limit for personal injury and deliver certificates property damage in an amount not less than $2,000,000, and employer’s liability and workers’ compensation insurance as required by law. Tenant’s commercial general liability insurance policy shall (i) include coverage for premises and operations liability, products and completed operations liability, broad form property damage, blanket contractual liability and personal and advertising liability; (ii) provide that the insurer has the duty to defend all insureds, and (iii) provide that defense costs do not deplete policy limits. Such insurance shall also be endorsed to provide that (1) it may not be canceled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice to Landlord, (2) Landlord and other entities designated by Landlord are named as additional insureds, (3) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to subparagraph (b) below, and (4) such insurance is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the opinion of Lxxxxxxx’s insurance adviser, based on a substantial increase in recovered liability claims generally or in amounts of insurance which tenants in similar premises are then being required to Lessor showing maintain, the specified amounts of coverage are no longer adequate, within thirty (30) days following Landlord’s request, such coverage shall be appropriately increased. Tenant shall also obtain and maintain insurance (“Personal Property Insurance”) covering leasehold improvements paid for by Tenant and Txxxxx’s personal property and fixtures from time to time in, on, or at the Premises, in companies satisfactory an amount not less than one hundred (100%) of the full replacement cost, without deduction for depreciation, providing protection against events protected under “All Risk Coverage,” as well as against sprinkler damage, vandalism, and malicious mischief. Any proceeds from the Personal Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions herein, Landlord shall receive any proceeds from the Personal Property Insurance allocable to Tenant’s leasehold improvements. Tenant shall obtain and maintain business interruption insurance in an amount not less than the lesser of Tenant’s annual gross revenue or an amount adequate to provide for payment of Base Rent and other amounts due Landlord under this Lease during a one year interruption of Tenant’s business by fire or other casualty. Prior to the Landlordcommencement of the term, Tenant shall deliver to Landlord duplicates of such policies or certificates thereof with endorsements, and at least thirty (30) days prior to the expiration of such policy or any renewal thereof, Tenant shall deliver to Landlord replacement or renewal binders, followed by duplicate policies or certificates within a reasonable time thereafter. If Tenant shall fail fails to do soobtain such insurance or to furnish Landlord any such duplicate policies or certificates as herein required, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenantmay, at its expenseelection, upon notice to Tenant but without any obligation so to do, procure and maintain such coverage and Tenant shall keep reimburse Landlord on demand as additional rent for any premium so paid by Landlord. Tenant shall have the right to provide all of insurance coverage required herein to be provided by Tenant pursuant to blanket policies so long as such coverage is expressly afforded by such policies. (b) Landlord hereby waives all claims against Tenant, and Txxxxx’s partners, and its furnishingsand their officers, equipment directors, partners, employees, agents and other personal property located on the Leased Premises fully insured against representatives for loss or damage by fire to the extent that such loss or damage is insured against under any valid and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire collectable insurance policy. Such policy of insurance shall be payable to Tenant insuring Landlord or as Tenant specifies. Tenant hereby releases Landlord from any and all liability would have been insured against but for any deductible amount under any such policy, and Tenant waives all claims against Landlord including Landlord’s partners, and its and their officers, directors, partners, employees, agents and representatives (collectively, “Landlord’s Parties”) for loss or damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents insured against under any valid and collectable insurance policy insuring Tenant or employees and is not otherwise covered by insurance required to be carried maintained by Tenant under this Lease, or would have been insured against but for any deductible amount under any such policy. (c) As insurance is available to protect it, and as long as such waiver does not violate public policy, Tenant hereby waives all claims against Landlord and Landlord’s Parties for damage to any property or injury to or death of any person in, upon or about the Premises, the Building or the Project arising at any time and from any cause, and Tenant shall hold Landlord and Landlord’s Parties harmless from and defend Landlord and Landlord’s Parties against (i) all claims for damage to any property or injury to or death of any person arising in or from the use of the Premises by Txxxxx, except as to Landlord or any of Landlord’s Parties such as is caused by the sole negligence or willful misconduct of Landlord or that of Landlord’s Parties otherwise entitled to indemnification, or (ii) arising from the negligence or willful misconduct of Tenant, its employees, agents or contractors in, upon or about those portions of the Building other than the Premises or the Project. The foregoing indemnity obligation of Tenant shall include attorneys’ fees, investigation costs and all other costs and expenses incurred by Landlord or any of Landlord’s Parties from the first notice that any claim or demand is to be made or may be made. The provisions of this Paragraph 9 shall survive the expiration or termination of this Lease with respect to any damage, injury or death occurring prior to such time.

Insurance and Indemnity. Subject to Paragraph 4(d) above, Landlord Tenant shall keep the Property, Building and Improvements Leased Premises insured with an insurance company rated by A.M. Best as A- or better against the following: (a) loss or damage by fire and those risks covered by “All Riskextended coverage” coverage as provided in a Michigan standard fire insurance policy in the amount of the full replacement cost of the Building and improvements.Leased Premises; (b) public liability and property damage insurance with coverage of at least One Two Million Dollars ($1,000.000.002,000,000.00) on a combined single limit basis. All such policies of insurance shall be with insurance companies reasonably approved by Landlord, naming Landlord and its mortgagee (if applicable) as additional insureds, and shall be payable to Landlord or as Landlord specifies. Landlord hereby approves of Tenant’s existing insurance company. Such policies shall further provide that they shall not be subject to non-renewal or cancellation without not less than thirty (30) days prior written notice to Landlord. Tenant shall indemnify Landlord against and save Landlord harmless from any. any liability or claim for damages which may be asserted against Landlord by reason of any accident or casualty occurring in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from the intentional acts or negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘“extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence or willful misconduct of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this Lease. Tenant shall provide Landlord with proof of insurance upon commencement of the Lease and periodically thereafter upon reasonable request of Landlord.

Insurance and Indemnity. Subject 16.1 Lessor and Lessee shall indemnify and hold the other harmless from any loss, liability or damages arising from or out of the failure of either to Paragraph 4(d) aboveperform its duties and obligations under this lease. It is understood and agreed that all property kept, Landlord stored or maintained in the demised premises shall keep be so kept, stored or maintained at the Property, Building and Improvements insured with an insurance company rated by A.M. Best as A- risk of Lessee only. Lessee shall not suffer or better give cause for the filing of any lien against the following:therein demised premises. 16.2 Lessor shall, during the entire term hereof, keep in full force and effect an extended comprehensive policy of property damage, fire, and public liability insurance with respect to the demised premises, Center, and the common areas which provides such insurance protection to Lessor, and in which the limits of liability are in an amount reasonably deemed adequate by Lessor to protect Lessor from each accident or occurrence for fire, bodily injury, property damages, and such other coverage as Lessor may reasonably deem necessary. 16.3 Lessee shall pay Lessor its pro-rata share of such insurance expenses as additional rent within thirty (a30) “All Risk” coverage days after billing presented therefor by Lessor. In the alternative, at Lessor's election, Lessor may annually estimate the cost of such insurance expenses as herein provided and notify Lessee of its pro rata share of the same, which shall be paid by Lessee to Lessor monthly, along with Lessee's minimum monthly rent. Any credit or deficiency based upon an annual estimation, shall be adjusted each year on a date determined appropriate by Lessor, with Lessee paying any deficiency in the amount form of additional rent due the following month, or, if a credit is due, in the form of a reduced insurance escrow payment for the appropriate number of months. Notwithstanding anything herein or elsewhere to the contrary, Lessee's obligations under this Section shall commence as of the full replacement cost date of Lessor's delivery of possession of the Building and improvementsdemised premises to Lessee. (b) public liability 16.4 Lessee and property Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage insurance with coverage arising out of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall be payable or incidental to Landlord or as Landlord specifies. Tenant shall indemnify Landlord the perils insured against and save Landlord harmless from any. liability or claim for damages under this Article, which may be asserted against Landlord by reason of any accident or casualty occurring perils occur in, on or about the Leased Premises or otherwise arising from Tenant’s use and occupancy of the Leased Premises except such as arise from premises, whether due to the negligence of LandlordLessor or Lessee or their agents, its agents or employees. Tenant, at its expensecontractors and/or invitees, shall obtain public liability insurance for to the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death extent of any one person recovery by the injured party under such insurance. Lessee and not less than One Million Dollars ($1,000,000.00) for damages to property resulting from one casualtyLessor shall, and One Million Dollars ($1,000,000.00) property damages in upon obtaining the aggregate. Such policies of insurance shall provide required hereunder, give notice to the insurance carrier or carriers that the coverage shall be primary irrespective foregoing mutual waiver of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep such insurance subrogation is contained in force during the term of this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under this tins Lease.

Insurance and Indemnity. Subject to Paragraph 4(d) above, A. The Landlord shall keep maintain fire and other casualty insurance on the Property, Building and Improvements insured with Premises itself in an insurance company rated by A.M. Best as A- or better against the following: (a) “All Risk” coverage in the amount of the full replacement cost of the Building and improvements. (b) public liability and property damage insurance with coverage of at least One Million Dollars ($1,000.000.00) on a combined single limit basis. All such policies of insurance shall it deems to be payable to Landlord or as Landlord specifiessufficient. Tenant shall indemnify be solely responsible for any insurance covering its own property. B. The Tenant shall, at its sole cost and expense, acquire and maintain fire, casualty and extended coverage insurance against fire and other casualty, vandalism, malicious mischief, and other hazards, on Tenant's personal and business property on the leased Premises, and shall be solely responsible to acquire on Tenants behalf and expense any business loss or relocation insurance Tenant desires to protect Tenant in the event fire or other casualty damages the building. C. Landlord against shall carry comprehensive general public liability insurance with respect to the Easement Areas, as hereinafter defined. D. The policies required under this Paragraph shall name Tenant and save Landlord harmless as insureds as their respective interest may appear, shall be issued by insurers approved by the Landlord, and shall contain a clause that the insurer will not cancel or change insurance without prior written notice to both Landlord and Xxxxxx. Tenant shall provide to Landlord copies of the paid up policies or certificates of the insurer evidencing the maintenance of such insurance policies required to be maintained by the Tenant hereunder upon landlord's request. E. Whenever (i) any loss, cost, damage, or expense resulting from any. any peril is incurred by any party to this Lease in connection with the Premises, or any part or contents thereof and (ii) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, damage or claim for damages which may be asserted against Landlord expense to the extent of any amount recovered by reason of such insurance and waives any accident right to subrogation which might otherwise exist in or casualty occurring inaccrue to any person on account thereof, on or about the Leased Premises or otherwise arising from Tenant’s use provided that such release of liability and occupancy waiver of the Leased Premises except such as arise from right of subrogation shall not be operative in any case where the negligence of Landlord, its agents or employees. Tenant, at its expense, shall obtain public liability insurance for the benefit of itself and Landlord and naming Landlord as an additional party insured and loss payee on the policies with limits in amounts of not less than One Million Dollars ($1,000,000.00) for injury or death of any one person and not less than One Million Dollars ($1,000,000.00) for damages effect thereof is to property resulting from one casualty, and One Million Dollars ($1,000,000.00) property damages in the aggregate. Such policies of insurance shall provide that the coverage shall be primary irrespective of any liability insurance provided by Landlord pursuant to this Lease, or otherwise. Tenant shall keep invalidate such insurance coverage (or increase the cost thereof, unless the other party reimburses the insured for any cost increase). If either party fails to maintain in force during the term of any insurance required by this Lease and deliver certificates of insurance to Lessor showing such coverage in companies satisfactory to the Landlord. If Tenant shall fail to do so, Landlord may obtain the insurance and charge the cost to Tenant as additional rental. Tenant, at its expense, shall keep all of its furnishings, equipment and other personal property located on the Leased Premises fully insured against loss or damage by fire and those risks covered by ‘‘extended coverage” as provided in a Michigan standard fire insurance policy. Such policy of insurance shall be payable to Tenant or as Tenant specifies. Tenant hereby releases Landlord from any and all liability for any damage to or loss of such personal property from any cause whatsoever except to the extent such loss or damage is the result of the negligence of Landlord, its agents or employees and is not otherwise covered by insurance required to be carried by Tenant under it, then for purposes of this Leasewaiver of subrogation it shall be deemed to have been fully insured and to have recovered the entire amount -of its loss.