Common use of Insurance by Tenant Clause in Contracts

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shall, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after Tenant shall maintain the Possession Date and continuing throughout following coverages in the Term following amounts. Landlord makes no representation or warranty to Tenant that the amount of insurance required to be carried by Tenant under the terms of this Lease, Lease is adequate to fully protect Tenant’s interests. Tenant shall, at is encouraged to evaluate its sole cost insurance needs and expense, maintain in full force and effect the following obtain whatever additional types and or amounts of insurance coverage:that it may deem desirable or appropriate. (a) Special Commercial General Liability Insurance on an occurrence form insurance covering the insured against claims of bodily injury, personal injury and property damage (including loss of use thereof) arising out of Tenant’s operations, and contractual liabilities (covering the performance by Tenant of its indemnity agreements) including a Broad Form endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements under this Lease, and including products and completed operations coverage, for limits of liability on the Improvements, including all permitted alterations, changes, additions a per location basis of not less than: Bodily Injury and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: $5,000,000 each occurrence Property Damage Liability $5,000,000 annual aggregate Personal Injury Liability $5,000,000 each occurrence $5,000,000 annual aggregate 0% Insured's participation (b) Property Insurance covering (i) fireall office furniture, windstorm business and trade fixtures, equipment, free-standing cabinet work, movable partitions, merchandise and all other hazards items of personal property related or arising out of Tenant’s leasehold estate hereunder, which may be in or upon the Premises or the Building (collectively, “Tenant’s Property”), and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) all Alterations to the Premises. Such insurance shall be written on a special cause of loss property insurance form, for the full replacement cost value new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include coverage for damage or other loss caused by fire or other peril including, but not limited to, fire, vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event theft, water damage of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvementsany type, (vii) provide for no deductible in excess including sprinkler leakage, bursting or stoppage of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00)pipes, and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insuredexplosion. (c) Workers’ compensation insurance, business interruption insurance in such amount as will reimburse Tenant for actual direct or indirect sustained loss of earnings attributable to all perils insured against in Section 14.2(b) above for a form prescribed by the laws period of the State in which the Premises are located, and employers’ liability insurancenot less than twelve (12) months. (d) Builders’ risk worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the worker's compensation laws of the state where the Premises is located, together with employer's liability insurance in accordance with an amount not less than $1,000,000.00 each accident, $1,000,000.00 disease policy limit, and $1,000,000.00 disease each employee; the requirements full limits of this Article, but only prior insurance are to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises.apply per location; and (e) Loss pollution legal liability insurance applicable to bodily injury; property damage, including loss of rent insurance use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in favor the investigation, defense, or settlement of Landlord, without a provision for co-insurance, claims; all in connection with any loss arising from the insured premises in an amount sufficient not less than $5,000,000 each occurrence and aggregate, and if coverage is written on a claims-made basis, Tenant warrants that any retroactive date applicable to pay Rent coverage under the policy precedes the Effective Date; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of at least twelve five (125) months in years after the event Tenant’s obligation to pay same under expiration of the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease).Term; and (f) Flood hazard automobile liability insurance if any portion of the Improvements is currently or at any time in the future located in covering all owned, nonowned, and hired vehicles with a federally designated “special flood hazard area” $1,000,000 per accident limit for bodily injury and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued.property damage; (g) Earthquake insuranceduring any period when construction work is being done in or on the Premises, if required, in amounts, form and substance satisfactory to Landlord, provided that the such additional insurance as Landlord may reasonably require pursuant to Article X of this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above.Lease; and (h) If such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s use operations therein, as may be reasonably requested by Landlord or a Superior Rights Holder, but in no event in excess of the Premises involves selling amounts and types of insurance then being required by landlords of buildings comparable to and in the vicinity of the Building. If the operations of Tenant should change in a material manner from those conducted on the Commencement Date and in the opinion of Landlord or distributing alcoholic beverages for on-Premises consumptionLandlord's insurance advisor, the amount or scope of such coverage is reasonably deemed inadequate at any time during the Lease Term, Tenant shall provide, keep increase such coverage to such reasonable amounts or scope as Landlord or Landlord's advisor deems adequate. All insurance procured and maintain in full force and effect liquor liability maintained by Tenant shall be written by insurance companies satisfactory to Landlord which are licensed to do business in the amount state in which the Premises is located with a general policyholder's rating of not less than ONE MILLION AND NO/100 DOLLARS A and a financial rating of not less than Class VIII, as rated in the most current edition of Best's Key Rating Guide. With respect to the insurance prescribed in subsections ($1,000,000.00a). , (ie) In additionand (f) above, Landlord, any Superior Rights Holders and property manager and any other parties identified by Landlord in writing together with their respective agents, members, partners, employees, offices, directors, and shareholders shall be named as additional insureds under all insurance maintained by Tenant, and Tenant shall obtain waivers of subrogation in favor of Landlord as its interests may appear, as specified in Section 15.3 below; moreover, Tenant shall, shall notify Landlord at Landlord’s request, provide, keep and maintain in full force and effect least thirty (30) days prior to cancellation of such other insurance. Tenant shall provide Landlord with an original Certificate of Insurance demonstrating that the insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated required by this Lease was purchased and is in effect. Tenant shall also provide Landlord with a copy of the Additional Insured, Waiver of Subrogation and Primary and Noncontributory endorsements or such other policy language demonstrating that the insurance policies comply with this Lease. If Tenant should fail to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as Additional Rent hereunder the premium cost thereof plus interest as provided in Section 21.2(a). Tenant hereby acknowledges and agrees that any such payment and interest shall be payable immediately on demand as Additional Rent and that the same are cumulative with, and do not supersede or reduce in any way, Landlord's rights as specified in Article XXI of this Lease. Landlord makes no representation or warranty to Tenant that the amount of insurance required to be conducted carried by Tenant on the Premisesunder this Lease is adequate to fully protect Tenant’s interests or cover Tenant’s obligations.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallshall maintain, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name naming Landlord as an additional insured. , the following insurance policies and furnish Landlord a certificate from the insurance carrier evidencing the insurance (c) Workers’ compensation insurance, in a form prescribed by at the laws beginning of this Lease and at each renewal of the State in which the Premises are locatedinsurance), that Landlord is a named insured, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph cannot be terminated, discontinued or diminished without giving Landlord at least twenty (g20) shall be on terms consistent with the all risk insurance policy required under paragraph (a) abovedays prior written notice. 9.1 Comprehensive general liability insurance (h"Liability Policy") If with an insurance company having a Best's Rating of A-XI or higher with minimum limits of $500,000 (per accident) for property damage and $1,000,000 (per person) and $3,000,000 (per accident or occurrence) for bodily injuries and death, naming as insureds Tenant’s use , and as additional insureds, Landlord and any lender secured by the Leased Parking Area whose name has been provided to Tenant. Tenant may carry said insurance under a blanket policy. The Liability Policy shall insure against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the Premises involves selling use, occupancy or distributing alcoholic beverages maintenance of the Leased Parking Area and all areas appurtenant thereto. The Liability Policy shall include an "Additional Insured Managers or Landlords of Premises" endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for ondamage caused by heat, smoke or fumes from a hostile fire. The Liability Policy shall not contain any inter-Premises consumptioninsured exclusions as between insured persons or organizations, Tenant but shall provide, keep and maintain in full force and effect liquor include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of said insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance required to be conducted carried by Tenant on the Premisesunder this Lease shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, A. Tenant shall, at its sole cost and expense, shall maintain in full force and effect the following types and amounts of insurance coverage: insurance: (a) Special form commercial comprehensive general public liability insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements Demised Premises and the conduct or the use operation of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunderbusiness therein, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunderwith Landlord as an additional named insured, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having with limits of not less than THREE MILLION AND NO/100 DOLLARS $5,000,000 combined single limit for bodily injury or death and for property damage, including water damage and sprinkler leakage liability, ($3,000,000.00b) per occurrence a policy of plate glass insurance covering all plate and xxxxxxx xxxxx situated in the Demised Premises, (c) fire and extended coverage 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 to the extent of one hundred percent (100%) 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 (d) any other insurance required for compliance with any Requirements of which Tenant has received notice. Tenant shall deliver to Landlord and any additional insured specified by Landlord to Tenant such fully paid-for-policies or certificates evidencing such coverage 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 named insured such renewal policy or certificates evidencing such renewal at least 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 in which the Demised Premises is located and having a general aggregate policy holder's rating of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00)A, and financial ratings of not less than Class VIII as rated in the most current "Best's" Insurance Reports, and all such policies shall contain a provision whereby the same cannot be canceled or modified unless Landlord and any additional insured are given at least 30 days prior written notice by certified or registered mail of such cancellation or modification. Notwithstanding anything to the contrary, Tenant shall have the right to self insure as to (b) of the first sentence, provided Tenant shall meet all applicable requirements for self-insurance in the State in which the Shopping Center is located. All public liability policies shall contain a provision that Landlord, will be named as additional insured under said policies for any loss occasioned to it by reason of the negligence of Tenant, or its agents or employees. Each liability insurance policy shall include a "cross liability" endorsement, providing coverage for claims brought by another insured under such policy. All public liability, property damage and other casualty insurance policies shall be written as not contributing with an any coverage which Landlord may carry. The requirement of $5,000,000 combined single limit may be satisfied by utilizing primary policies and umbrella liability policy policies. B. Tenant shall require any contractor of Tenant performing work in, on or about the Demised Premises to take out and keep in full force and effect, at no expense to Landlord (a) commercial general public liability insurance in respect of the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insuranceDemised Premises, and any and all other liability insurance maintained by Tenant in excess the conduct of or in addition to that required hereunderits work therein, shall name with Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount limits of not less than ONE MILLION AND NO/100 DOLLARS $3,000,000 combined single limit for bodily injury or death and for property damage, including water damage and sprinkler leakage legal liability; (b) xxxxxxx'x compensation or similar insurance in form and amounts required by law; and (c) comprehensive automobile liability insurance including owned, non-owned and hired car coverage in an amount not less than $1,000,000.00)3,000,000 combined single limit for bodily injury or death and for property damage. (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Effective Date and continuing throughout the Term of this Lease, Tenant shall, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) by fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) in the special cause of loss form including boiler and machinery/equipment breakdown, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall shall (vI) contain an agreed amount endorsement waiving any co-insurance provision with respect to the Improvements, (viiII) provide for no deductible in excess of TWENTY FIVE ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($25,000.00100,000.00) per occurrence per each Demised Property (subject to adjustment as set forth below), and (viIII) contain endorsements insuring against liability ordinance and law endorsement that includes coverage for “demolition costs” and “increased the undamaged portion of the building (in the amount not less than the replacement cost of the building; and at least ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) of limits for demolition and increased costs of construction”). Notwithstanding the foregoing, so long as well the combined trailing Consolidated EBITDA (as defined in Exhibit “ordinance or lawH” coverage attached hereto) of Tenant and Guarantor exceeds FIFTY MILLION AND NO/100 DOLLARS ($50,000,000.00), Tenant may adjust the $100,000.00 deductible set forth in the preceding sentence to an “enforcement” endorsement if any amount as follows: (i) for the Demised Premises located in Texas and Georgia, the deductible may be increased to an amount not to exceed two percent (2%) of the Improvements or insurable value, and (ii) for the use Demised Premises located in Florida, the deductible may be increased to an amount not to exceed five percent (5%) of the Premises shall at any time constitute legally non-conforming structures or usesinsurable value. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and TenantXxxxxx, as their respective interests may appear. In addition, the policy shall include a “Lender’s Loss Payable Provisions” endorsement (ISO Form CP 12 18 06 95 or equivalent) naming Landlord as “Lender’s Loss Payee” thereunder. Should full replacement cost not be available at a reasonable cost due to this location being considered a high hazard wind area, the minimum wind limit will be determined for the Demised Premises by using the latest version of RMS US windstorm model. The limit selected will not be less than the ground up estimated loss with a 250 return period. (b) Commercial general liability and property damage General Liability insurance providing coverage against liability for personal and property damage, bodily injury, death and property damage personal injury having limits of not less than THREE TWO MILLION AND NO/100 DOLLARS ($3,000,000.002,000,000.00) per occurrence with a general aggregate of not less than THREE TWO MILLION AND NO/100 DOLLARS ($3,000,000.002,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)if more than one location is insured under such policy, a per location aggregate is required. Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof this Lease to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insuredinsured on a primary and non-contributory basis and contain an endorsement providing a waiver of subrogation in favor of Landlord. (c) Umbrella or Excess Liability which will follow form General Liability, Automobile Liability, Employers’ Liability, and Liquor Liability (if applicable), with limits in a minimum amount of not less than TEN MILLION AND NO/100 DOLLARS ($10,000,000.00) per occurrence/aggregate. (d) Workers’ compensation insurance, in a form prescribed by the laws of the State States in which the Demised Premises are located, and employers’ liability insuranceinsurance in an amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (de) Builders’ risk insurance on a completed value form insuring against “all risks” or an equivalent form in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Demised Premises. Such policy shall provide a “permission to occupy” the Demised Premises and contain an “agreed amount” endorsement waiving any co-insurance provision. (ef) Loss of rent insurance in favor of LandlordBusiness income insurance, without a provision for co-insurance, covering all risks required to be covered by the insurance provision for in subsection (a) above and which provides that after the physical loss to the Demised Premises occurs, the business income, as applicable, will be insured until such business income either returns to the same level that existed prior to the loss, or the expiration of twelve months (12), whichever occurs first, notwithstanding that the policy may expire prior to the end of such period. Such policy shall also contain an amount sufficient to pay Rent for a extended period of indemnity endorsement which provides that after the physical loss to the Demised Premises has been repaired, the continued business income will be insured until such income either returns to the same level it was at least prior to the loss, or the expiration of twelve (12) months from the date that the Demised Premises is repaired or replaced and operations are resumed, whichever first occurs, and notwithstanding that the policy may expire prior to the end of such period. Landlord shall be named as additional insured (per CP1503 or its equivalent) as respects to their interest in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease)rents, including Base Rent, Real Estate Taxes and insurance costs. (fg) Flood hazard insurance if any portion of the Improvements on any Demised Property is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issuedflood casualty. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallTenant, at its sole cost and expense, shall procure and maintain in full force and effect throughout the Lease Term the following types and amounts policies of insurance coverageinsurance: (a) Special property insurance causing Tenant's leasehold improvements and business personal property (sometimes also referred to as "fixtures and contents") in the Premises to be insured under the broadest available special form of property coverage, sometimes referred to as "all‑risk" coverage (such as the form identified as CP 10 30, and any successor form, published by Insurance Services Office, Inc.), with provisions and/or endorsements assuring both mold coverage and terrorism coverage, such insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: coverage (i) fireto be in the full amount of the replacement cost of all insured property, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; to include coverage for the loss of business income, in an amount not less than 75% of Tenant's estimated gross annual income at the Premises, (iii) vandalism and malicious mischief; to contain no deductible or self-insured retention in excess of $10,000.00, and (iv) boiler to contain no coinsurance penalty clause; and (b) combination of commercial general liability and machineryumbrella insurance insuring both Landlord and Tenant against all claims, all demands or actions for bodily injury, property damage, personal and advertising injury, and medical payments arising out of or in connection with Tenant's use or occupancy of the Premises, or by the condition of the Premises, with a limit of not less than $5,000,000 per occurrence and aggregate (and no offset for occurrences on property other than the Premises), and with coverage for contractual liability; and (c) worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the worker's compensation laws of the state where the Premises is located, together with employer's liability insurance in an amount which reasonably assures there not less than $1,000,000.00 each accident, $1,000,000.00 disease policy limit, and $1,000,000.00 disease each employee; the full limits of insurance are to apply per location; and (d) pollution legal liability insurance applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the insured premises in an amount not less than $5,000,000 each occurrence and aggregate, and if coverage is written on a claims-made basis, Tenant warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Lease; and that continuous coverage will be sufficient proceeds maintained or an extended discovery period will be exercised for a period of five (5) years after the expiration of the Lease Term; and (e) automobile liability insurance covering all owned, non-owned, and hired vehicles with a $1,000,000 per accident limit for bodily injury and property damage; and (f) during any period when construction work is being done in or on the Premises, such additional insurance as Landlord may reasonably require pursuant to replace Article XII of this Lease. If the Improvements operations of Tenant should change in a material manner from those conducted on the Commencement Date and in the event opinion of a loss against which Landlord or Landlord's insurance advisor, the amount or scope of such insurance coverage is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall reasonably deemed inadequate at any time constitute legally non-conforming structures during the Lease Term, Tenant shall increase such coverage to such reasonable amounts or usesscope as Landlord or Landlord's advisor deems adequate. All insurance required hereunderprocured and maintained by Tenant shall be written by insurance companies satisfactory to Landlord which are permitted to do business in the state in which the Project is located with a general policyholder's rating of not less than A and a financial rating of not less than Class VIII, as rated in the most current edition of Best's Key Rating Guide. With the exception of the insurance prescribed in subsection (c) above, Landlord and Landlord's lender(s), ground lessor (if any) and property manager shall be named as additional insureds under all other insurance maintained by Tenant, and Tenant on the Improvements in excess shall obtain waivers of or in addition to that required hereunder, shall be carried subrogation in favor of Landlord and Tenant, as their respective its interests may appear. , as specified in Section 17.3 below; moreover, Tenant shall notify Landlord at least thirty (b30) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits days prior to cancellation of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and such insurance. Tenant shall provide Landlord with an umbrella liability policy in the amount original Certificate of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided demonstrating that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease was purchased and is in effect. Tenant shall also provide Landlord with a copy of the Additional Insured, Waiver of Subrogation and Primary and Noncontributory endorsements or such other policy language demonstrating that the insurance policies comply with this Lease. Neither the review nor the failure to review such certificates or any accompanying endorsements, shall constitute acceptance or waive, alter or diminish Landlord’s right under this Lease. Landlord shall be conducted by Tenant entitled to receive, and the named insured on the Premisescertificate shall be required to hold, the insurance coverage as specified in Section 16.2 above. If Tenant should fail to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord on demand as Additional Rent hereunder the premium cost thereof plus interest as provided in Section 23.2(a). Tenant hereby acknowledges and agrees that any such payment and interest shall be payable immediately on demand as Additional Rent and that the same are cumulative with, and do not supersede or reduce in any way, Landlord's rights as specified in Article XXIII of this Lease.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, (a) Tenant shallshall keep in force, at its Tenant's sole cost and expense, maintain in full force responsible insurance companies acceptable to Landlord authorized to do business in the jurisdiction in which the Center is situate and effect throughout the following types Term and amounts of insurance coverageduring such other times as Tenant occupies the Demised Premises or any part thereof: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fireInsurance (on an occurrence basis) against claims for personal injury (including death) and property damage and with broad-form contractual liability coverage, windstorm under a policy of comprehensive general liability insurance or (at Landlord's option) commercial general liability insurance, with limits not less than Two Million Dollars ($2,000,000.00) in respect of personal injury (including bodily injury and other hazards death) and perils generally included under extended coverage; Two Million Dollars ($2,000,000.00) for property damage. (ii) sprinkler leakage; Workers' compensation or similar insurance affording statutory coverage and containing statutory limits. (iii) vandalism and Fire insurance, with such extended coverage endorsements including but not limited to, vandalism, malicious mischief; , sprinkler leakage, plate and other glass coverage, and other endorsements as Landlord may from time-to-time require, covering all of Tenant's stock in trade and other improvements to the extent of at least one hundred percent (100%) of their replacement cost. The property damage insurance required hereunder shall not contain the "care, custody and control" exclusion, or Tenant shall obtain and keep in force at the times aforesaid, in addition to the other insurance required of it under this Section 6.02(a), fire and extended coverage legal liability insurance with a minimum limit of Five Million Dollars ($5,000,000.00). (iv) boiler and machineryBusiness interruption insurance and/or products liability insurance, all if requested by Landlord, in an such amount which as Landlord may reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance require or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appearapprove. (b) Commercial general liability and property damage Tenant shall deposit with Landlord the policies of insurance providing coverage against liability for personal and bodily injuryrequired under this Section, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence or copies thereof, together with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws satisfactory evidence of the State in which payment of the Premises are locatedpremium or premiums required thereunder, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement date Tenant first enters upon the Demised Premises (but in no event later than the Commencement of the Term). Said policies of insurance shall name as insured parties the Landlord (and, at Landlord's direction, any managing agent) and during the construction holder of any permitted rehabilitation, replacement, reconstruction, restoration, renovation Mortgage will endeavor to give Landlord thirty (30) days prior written notice of cancellation or alteration expiration of said policies of insurance. At least fifteen (15) days prior to the Premises. (e) Loss expiration of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumptionpolicy, Tenant shall providedeposit with Landlord a renewal policy or copy thereof, keep and maintain in full force and effect liquor liability insurance in the amount together with satisfactory evidence of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted payment by Tenant on of the Premisespremium or premiums required thereunder.

Insurance by Tenant. From and after Tenant shall, at all times during the Possession Date and continuing throughout the Term term of this Lease, Tenant shall, at its sole cost and own expense, maintain in full force and effect the following types and amounts a policy or policies of insurance coverage: (a) Special form with premiums paid on a timely basis, issued by and binding upon a reputable solvent insurance on company, insuring all of Tenant’s personal property located in the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance Leased Premises against loss or damage caused by: (i) by fire, windstorm and explosion, vandalism, malicious mischief, or other standard insurable hazards and perils generally included under extended coverage; contingencies for the full insurable value thereof (ii) sprinkler leakage; (iii) vandalism subject to standard exclusions and malicious mischief; Tenant’s customary deductibles), and (iv) boiler and machinery, all insuring Tenant against business interruption in an amount sufficient to insure the payment of Base Rent for a period of one year. Tenant shall also maintain a policy or policies of comprehensive commercial general liability insurance which reasonably assures there will be sufficient proceeds provide coverage to replace include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the Improvements in the event of premiums thereon paid on a loss against which timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance is issued. Such insurance shall (v) contain to provide an agreed amount endorsement with respect aggregate limit as to the Improvements, (vii) provide for no deductible in excess Property of TWENTY FIVE THOUSAND AND NO/100 DOLLARS not less than Three Million and No/100 Dollars ($25,000.00)3,000,000.00) per occurrence. Tenant may fulfill its obligations to provide insurance as required herein by an umbrella or blanket policy or policies, covering the various liabilities of Tenant and its Affiliates, so long as the general aggregate limit of such policy or policies will apply separately at least to the extent of $3,000,000 for the Tenant’s liabilities under this Lease. Tenant shall also be required to maintain workmen’s compensation and employee’s liability insurance in such amounts as required by law. The amount of the deductibles under any policy may be such amount as Tenant deems appropriate in accordance with Tenant’s corporate policy, provided the amount of the deductible of the underlying policy is commercially reasonable, and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”in all events, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and solely responsible for any damages caused by Tenant, Tenant’s Related Parties, or any another persons over whom Tenant has control, that are not covered by the insurance as their respective interests may appear. (b) Commercial general a result of such deductible. Tenant’s liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS policies ($3,000,000.00a) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. insured and in connection with this Lease (c) Workersexcept for the workers’ compensation insurancepolicy, in which instead shall include a form prescribed by the laws waiver of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance subrogation endorsement in favor of Landlord, without a provision for co-insuranceif available), in an amount sufficient to pay Rent for a period of at least twelve and (12b) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided shall provide that the foregoing said insurance shall not be deemed consent canceled, modified or amended unless ten (10) days prior written notice has been given to Landlord. Tenant shall deliver to Landlord insurance certificates with respect to the insurance required hereunder (and naming Landlord as additional insured as required above) on or before the Commencement Date (or Tenant’s earlier access to the Leased Premises), shall maintain such certificates at all times, and shall deliver to Landlord certificates of the renewal or replacement of such policies at least ten (10) days prior to each renewal, expiration or cancellation of such insurance. All such policies shall be primary with respect to the Leased Premises, over any right other insurance maintained by Landlord. There shall be no endorsement or modification of rent abatement except the insurance policy to make it excess over other available insurance, or if the insurance policy states that it is excess or prorata, the policy shall be endorsed to be primary insurance with respect to the Landlord as specifically provided additional insured with respect to all coverages applicable to the Leased Premises. There shall be no endorsement or modification of the policy to exclude the negligence of the additional insured. Attached to the certificates of insurance shall be the additional insured endorsement, waiver of subrogation, insured contract coverages and other endorsements required herein, or relevant portions of the policy setting forth coverages. Upon written request, the parties shall exchange copies of each policy required in this Lease). . In the event that either party fails to take out or maintain any policy required to be maintained by such party hereunder, such failure shall be a defense to any claim asserted by such party against the other party by reason of any loss sustained by such party that would have been covered by such policy, NOTWITHSTANDING THAT SUCH LOSS MAY HAVE BEEN PROXIMATELY CAUSED SOLELY BY THE NEGLIGENCE OF THE OTHER PARTY, ITS CONTRACTORS, OR ANY OF ITS RELATED PARTIES. If Tenant does not procure insurance as required, Landlord may, upon advance written notice to Tenant, cause the insurance to be issued and Tenant shall pay to Landlord the premium for such insurance within ten (f10) Flood hazard days of Landlord’s demand, plus interest at the Default Rate from the date of demand until repaid by Tenant. The parties further agree that, notwithstanding anything to the contrary contained in this lease, neither party shall make claim against the other for damages attributable to any claim that is subject to insurance if any portion under the policies required hereunder to cover such party, to the extent of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act coverage of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issuedpolicies. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallagrees that, at its sole own cost and expense, maintain it shall procure and continue in full force force, in the name of Tenant and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvementswith Landlord as an Additional Insured, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, general liability insurance against loss any and all claims for injuries to persons and property occurring in, upon, or damage caused by: (i) fireabout the Premises, windstorm and other hazards and perils generally included under extended coverageduring the term of this Lease; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinerysuch insurance, at all times, to be in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issuednot less than One Million ($1,000,000) Dollars combined single limit per occurrence. Such insurance shall (v) contain an agreed amount endorsement with respect be written in a company or companies authorized to engage in the Improvements, (vii) provide for no deductible in excess business of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior there shall be delivered to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for coLandlord customary certificates evidencing such paid-up insurance, in an amount sufficient which certificates are to pay Rent be issued by the insurance companies. The policies of insurance provided herein are to be provided by the Tenant, and shall be for a period of at least twelve not less than one (121) months in year, it being understood and agreed that fifteen (15) days prior to the event Tenant’s obligation expiration of any policy of insurance, the Tenant will deliver to pay same under the Lease abates for any reason whatsoever (provided that Landlord a renewal or new policy to take the foregoing shall not be deemed consent place of the expiring policy, with the further understanding that, should the Tenant fail to any right of rent abatement except furnish policies, as specifically is provided in this Lease). (f) Flood hazard , and at the times herein provided, the Landlord may obtain such insurance, and the premiums on such insurance if shall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Tenant shall make no claim for recovery against Landlord and expressly waives any portion right of recovery against Landlord for damage to or loss of the Improvements is currently Premises, or at improvements thereon, which damage or loss may arise by fire or any time in other peril covered by any policy of insurance containing a waiver of subrogation right against the future located in a federally designated “special flood hazard area” and Landlord in which flood insurance has been made available under said policy the National Flood Insurance Act Tenant is or may be the insured and when said loss is caused by or results from any acts of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace carelessness or negligence of the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant its officers, employees or other persons under its control. Tenant further covenants and agrees to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) aboveapply to its insurers for waiver of subrogation against Landlord, its agents and employees, and to obtain same if Tenant's insurers will issue such waiver without cost. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after Tenant shall during the Possession Date and continuing throughout the Term term of this Leaselease ------------------- and at Tenant's cost, Tenant shallobtain and keep in effect, at its sole cost insuring Tenant, Landlord and expenseall mortgagees and any other person or entity designated by Landlord as having an interest in the Building or land upon which it is situated (as their interests may appear), maintain in full force and effect the following types insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and amounts on fixtures and improvements installed in the premises by or on behalf of insurance coverage: (a) Special form insurance on Tenant. Such policies shall be for an amount of not less than 100% of the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance full replacement cost with coverage against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under at least fire with standard extended coverage; (ii) sprinkler leakage; (iii) vandalism and , vandalism, malicious mischief; , sprinkler leakage and (iv) boiler and machinerywater damage, all If there is a dispute as to the replacement cost amount, the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in an amount which reasonably assures there will be sufficient proceeds to replace reimburse Tenant for direct or indirect loss of earnings attributable to perils commonly insured against by prudent tenants or attributable to prevention of access to the Improvements Building or premises as a result of such perils. Commercial General Liability insurance including fire, legal liability and contractual liability insurance coverage with respect to the Building and the premises. The coverage is to include activities and operations conducted by Tenant and any other person in the event premises and Tenant and any other person performing work on behalf of a loss against which such insurance Tenant and those for whom Tenant is issuedby law responsible in any other part of the Building. Such insurance shall (v) contain an agreed amount endorsement be written on a comprehensive basis with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having inclusive limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per 1,000,000 Dollars for each occurrence with a general aggregate for bodily injury and property damage or such higher limits as the Landlord, acting reasonably, may require from time to time. The limit of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such said insurance shall cover at least not, however, limit the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering of the indemnities contained in Article XIX hereof to the extent the same is availabletenant hereunder. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, Landlord shall name Landlord be named as an additional insured. (c) Workers’ compensation insurance, insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, premises in an amount sufficient to pay Rent comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the form, amounts and for the risks which a period prudent Tenant would insure. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord; issued by an insurer licensed to do business in Utah and require at least twelve (12) months in 30 days written notice to Landlord of termination or material alteration and waive, to the event Tenant’s obligation to pay same under the Lease abates for extent available, any reason whatsoever (provided right of subrogation against Landlord. All policies shall provide that the foregoing interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be deemed consent to invalidated because of any right breach or violation of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently warranties, representations, declarations or at any time conditions contained in the future located in policies. All policies must contain a federally designated “special flood hazard area” severability of interest clause, a cross-liability clause and in which flood shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) its mortgagee, or those named insureds designated by Landlord. If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumptionrequested by Landlord, Tenant shall provideupon the commencement date of this lease and thereafter within 15 days prior to the expiration of each such policy, keep promptly deliver to Landlord certified copies or other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and policies are in effect. If Tenant fails to secure or maintain in full force any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and effect liquor liability such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00)coverage required at Tenant's expense. Tenant shall promptly reimburse Landlord for any monies expended. (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallmust, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall must (v) contain an agreed amount endorsement with respect to the Improvements, (viivi) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS twenty-five thousand dollars ($25,000.0025,000), and (vivii) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, ,” as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming nonconforming structures or uses. All insurance required hereunderinsurance, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunderrequired, shall must be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS one million dollars ($3,000,000.001,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS two million dollars ($3,000,000.002,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS five million dollars ($5,000,000.00). Such insurance shall will cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.;

Insurance by Tenant. From Tenant shall procure, provide and after pay for, and shall maintain throughout the Possession Date term of this Lease, the following insurance coverages, in the following limits, in the name of the Tenant and continuing throughout with Landlord named therein as an additional insured: (1) a policy of insurance covering the Tenant's property in the Demised Premises in the amount determined by Tenant; (2) a comprehensive general liability insurance against any and all claims for injuries to persons and property occurring in, upon, or about the Demised Premises, during the Term of this Lease, Tenant shall; such insurance, at its sole cost and expenseall times, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all to be in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS One Million ($3,000,000.001,000,000) Dollars combined single limit per occurrence with a occurrence, $2,000,000.00 general aggregate of not less than THREE MILLION AND NO/100 DOLLARS aggregate; and ($3,000,000.00)3) casualty, fire, windstorm, flood and with an umbrella liability policy extended coverage insurance in the amount equal to the maximum insurable value of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)the Demised Premises, together with all improvements thereon. Such All such insurance shall cover at least be written on a company or companies authorized to engage in the following hazards: (i) premises business of casualty and operations; (ii) products general liability insurance in the State of Florida, and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering there shall be delivered, by the indemnities contained in Article XIX hereof Tenant, to the extent the same is available. Such Landlord customary certificates evidencing such paid-up insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name certifying Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed which certificates are to be issued by the laws of the State in which the Premises are locatedinsurance companies, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to delivered on a yearly basis at the commencement of and each year during the construction Term of any permitted rehabilitationthis Lease. The policies of insurance provided herein are to be provided by the Tenant, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent and shall be for a period of at least twelve not less than one (121) months in year, it being understood and agreed that fifteen (15) days prior to the event Tenant’s obligation expiration of any policy of insurance, the Tenant will deliver to pay same under the Lease abates for any reason whatsoever (provided that Landlord a renewal or new policy to take the foregoing shall not be deemed consent place of the expiring policy, with the further understanding that, should the Tenant fail to any right of rent abatement except furnish policies, as specifically is provided in this Lease). (f) Flood hazard , and at the times herein provided, the Landlord may obtain such insurance, and the premiums on such insurance if shall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Tenant shall make no claim for recovery against Landlord and expressly waives any portion right of recovery against Landlord for damage to or loss of the Improvements is currently Demised Premises or at improvements thereon, which damage or loss may arise by fire or any time in other peril covered by any policy of insurance containing a waiver of subrogation right against the future located in a federally designated “special flood hazard area” and Landlord in which flood insurance has been made available under said policy the National Flood Insurance Act Tenant is or may be the insured and when said loss is caused by or results from any acts of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace carelessness or negligence of the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant its officers, employees or other persons under its control. Tenant further covenants and agrees to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) aboveapply to its insurers for waiver of subrogation against Landlord, its agents and employees, and to obtain same if Tenant's insurers will issue such waiver without cost. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From Tenant shall procure, provide and after pay for, and shall maintain throughout the Possession Date term of this Lease, the following insurance coverages, in the following limits, in the name of the Tenant and continuing throughout with Landlord named therein as an additional insured: (1) a policy of insurance covering the Tenant’s property in the Demised Premises in the amount determined by Tenant; (2) a comprehensive general liability insurance against any and all claims for injuries to persons and property occurring in, upon, or about the Demised Premises during the Term of this Lease, Tenant shall; such insurance, at its sole cost and expenseall times, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all to be in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS One Million ($3,000,000.001,000,000) Dollars combined single limit per occurrence with a occurrence, $2,000,000.00 general aggregate of not less than THREE MILLION AND NO/100 DOLLARS aggregate; and ($3,000,000.00)3) casualty, fire, windstorm, flood and with an umbrella liability policy all risk insurance in the amount equal to the replacement cost of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)the Demised Premises, together with all improvements thereon. Such All such insurance shall cover at least be written on a company or companies authorized to engage in the following hazards: (i) premises business of casualty and operations; (ii) products general liability insurance in the State of Florida, and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering there shall be delivered, by the indemnities contained in Article XIX hereof Tenant, to the extent the same is available. Such Landlord customary certificates evidencing such paid-up insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name certifying Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed which certificates are to be issued by the laws of the State in which the Premises are locatedinsurance companies, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to delivered on a yearly basis at the commencement of and each year during the construction Term of any permitted rehabilitationthis Lease. The policies of insurance provided herein are to be provided by the Tenant, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent and shall be for a period of at least twelve not less than one (121) months in year, it being understood and agreed that three (3) days prior to the event Tenant’s obligation expiration of any policy of insurance, the Tenant will deliver to pay same under the Lease abates for any reason whatsoever (provided that Landlord a binder or a renewal or new policy to take the foregoing shall not be deemed consent place of the expiring policy, with the further understanding that, should the Tenant fail to any right of rent abatement except furnish policies, as specifically is provided in this Lease). (f) Flood hazard , and at the times herein provided, the Landlord may obtain such insurance, and the premiums on such insurance if shall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Neither Landlord not Tenant shall make any portion claim for recovery against the other party and expressly waives any right of recovery against the other party for damage to or loss of the Improvements is currently Demised Premises or at improvements thereon, which damage or loss may arise by fire or any time in other peril covered by any policy of insurance containing a waiver of subrogation right against the future located in a federally designated “special flood hazard area” and other party in which flood insurance has been made available said policy the claiming party is or may be the insured and when said loss is caused by or results from any acts of carelessness or negligence of the other party , its officers, employees or other persons under the National Flood Insurance Act its control. Tenant further covenants and agrees to apply to its insurers for waiver of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss subrogation against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant its agents and employees, and to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If obtain same if Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00)insurers will issue such waiver. (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallshall maintain, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name naming Landlord as an additional insured. , the following insurance policies and furnish Landlord a certificate from the insurance carrier evidencing the insurance (c) Workers’ compensation insurance, in a form prescribed by at the laws beginning of this Lease and at each renewal of the State in which the Premises are locatedinsurance), that Landlord is a named insured, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph cannot be terminated, discontinued or diminished without giving Landlord at least twenty (g20) shall be on terms consistent with the all risk insurance policy required under paragraph (a) abovedays prior written notice. 17.1 Comprehensive general liability insurance (h"Liability Policy") If with an insurance company having a Best's Rating of A-XI or higher with minimum limits of $500,000 (per accident) for property damage and $1,000,000 (per person) and $3,000,000 (per accident or occurrence) for bodily injuries and death, naming as insureds Tenant’s use , and as additional insureds, Landlord and any lender secured by the Premises whose name has been provided to Tenant. Tenant may carry said insurance under a blanket policy. The Liability Policy shall insure against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the use, occupancy or maintenance of the Premises involves selling and all areas appurtenant thereto. The Liability Policy shall include an "Additional Insured - Managers or distributing alcoholic beverages Landlords of Premises" endorsement and contain the "Amendment of the Pollution Exclusion" endorsement for ondamage caused by heat, smoke or fumes from a hostile fire. The Liability Policy shall not contain any inter-Premises consumptioninsured exclusions as between insured persons or organizations, Tenant but shall provide, keep and maintain in full force and effect liquor include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of said insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated required by this Lease or as carried by Tenant shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance required to be conducted carried by Tenant on the Premisesunder this Lease shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallwill, at its sole cost and expense, obtain and maintain at all times during the Lease Term, commercial general liability insurance with a combined personal injury and property damage limit of not less than One Million Dollars ($1,000,000) for each occurrence and not less than Two Million Dollars ($2,000,000) in full force the aggregate for this location, insuring against all liability of Tenant and effect its representatives arising out of and in connection with Tenant’s use, maintenance or occupancy of the following types Premises and amounts all areas appurtenant thereto. Landlord, and other parties designated by Landlord and having an interest in the Building, 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 coverage: will contain provisions or endorsements preventing their cancellation, discontinuance or alteration without at least thirty (a30) Special form days’ prior written notice to Landlord. The insurance on secured by Tenant will insure performance by Tenant of the Improvementsindemnity provisions of this Lease to the extent of claims for bodily injury and property damage, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible considered primary and not in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00)coverage Landlord may carry, and (vi) contain endorsements insuring against will afford coverage after the termination of this Lease for all claims based on acts, omissions, injury or damage which occurred or arose in whole or in part during the term of this Lease. The insurance secured by Tenant will apply on a primary basis to Landlord, even if Landlord has other liability for “demolition costs” coverage. Tenant will at its expense obtain and “increased maintain all-risks property and casualty insurance coverage, written at replacement cost of construction”value and with replacement cost endorsement, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of covering all Tenant’s personal property in 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 at any time constitute legally nonbe insured under Landlord’s all-conforming structures or usesrisk insurance policy. All insurance required hereunder, and all other under this section will be issued by insurance maintained by Tenant on the Improvements in excess of or in addition companies licensed to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy do business in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)jurisdiction where the Building is located. Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in companies will have a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period policyholder rating of at least twelve (12) months “A” and be assigned a financial size category of at least “Class X” as rated in the event Tenantmost recent edition of “Best’s obligation Key Rating Guide.” If Tenant fails to pay same under comply with the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which aforesaid requirements, Landlord may obtain such insurance is issued. (g) Earthquake insurance, if required, and keep the same in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in and Tenant will pay Landlord the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00)cost thereof, on demand, as Additional Rent. (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From Landlord, and after landlord’s agents and employees, shall not be liable to Tenant, or those claiming through or under Tenant, for injury, death, burglary, theft or disappearance occurring in, on or about the Possession Date Premises, the Building, and continuing throughout the Term Land and appurtenances thereto and Tenant shall indemnify and hold them harmless from any claim, damage, cost and expense (including reasonable attorneys’ fees) or liability arising out of this Leaseany injury, death, property damage, burglary, theft or disappearance occurring in, on or about the Premises to Tenant shallor any agent, employee or invitee of Tenant, unless due to Landlord’s negligence or willful misconduct. Tenant, and Tenant’s agents and employees, shall not be liable to Landlord, or those claiming through or under Landlord for injury, death, burglary, theft or disappearance occurring in, on or about the Premises, the Building, and the Land and appurtenances thereto and Landlord shall indemnify and hold them harmless from any claim, damage, cost and expense (including reasonable attorneys’ fees) or liability arising out of any injury, death, property damage, burglary, theft or disappearance occurring in, on or about the Premises to Landlord or any agent, employee or invitee of Landlord, unless due to Tenant’s negligence or willful misconduct. The Tenant, at its the Tenant’s sole cost and expense, shall maintain in full force for the mutual benefit of the Landlord and effect the following types and amounts of insurance coverage: (a) Special form insurance on the ImprovementsTenant, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, general public liability insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability claims for personal and bodily injury, death and or property damage having limits occurring upon, in or about the Premises, such insurance to afford protection in a combined single limit of not less than THREE MILLION AND NO/100 DOLLARS One Million and 00/100ths Dollars ($3,000,000.00) per occurrence 1,000,000.00). All policies of insurance shall be in form and substance satisfactory to the Landlord, shall be written with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00)companies satisfactory to the Landlord, and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS shall provide for at least thirty ($5,000,000.00)30) days written notice to Landlord prior to cancellation. Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof to the extent the same is available. Such insurancepolicies, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereundercertificates thereof, shall name be delivered to Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of the lease term; and during the construction evidence of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss renewal of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of delivered to Landlord not less than ONE MILLION AND NO/100 DOLLARS thirty ($1,000,000.00). (i30) In addition, days prior to the expiration of the term of such coverage. Tenant shall, at Landlord’s request, provide, covenants that under no circumstances will it keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease or permit to be conducted by Tenant on kept, do or permit to be done, in or about the Premises, anything of a character so hazardous as to render it difficult, impracticable or impossible to secure insurance acceptable to the Landlord, and further, immediately upon notice, to remove from the Premises and/or to desist from any practice deemed by the insurance companies of Fire Underwriters as so affecting the insurance risk.

Insurance by Tenant. From Tenant shall procure, provide and after pay for, and shall maintain throughout the Possession Date term of this Lease, the following insurance coverages, in the following limits, in the name of the Tenant and continuing throughout with Landlord named therein as an additional insured: (1) a policy of insurance covering the Tenant's property in the Demised Premises in the amount determined by Tenant; (2) a comprehensive general liability insurance against any and all claims for injuries to persons and property occurring in, upon, or about the Demised Premises, during the Term of this Lease, Tenant shall; such insurance, at its sole cost and expenseall times, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all to be in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS One Million ($3,000,000.001,000,000) Dollars combined single limit per occurrence with a occurrence, $2,000,000.00 general aggregate of not less than THREE MILLION AND NO/100 DOLLARS aggregate; and ($3,000,000.00)3) casualty, fire, windstorm, flood and with an umbrella liability policy extended coverage insurance in the amount equal to the maximum insurable value of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)the Demised Premises together with all improvements thereon. Such All such insurance shall cover at least be written on a company or companies authorized to engage in the following hazards: (i) premises business of casualty and operations; (ii) products general liability insurance in the State of Florida, and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering there shall be delivered, by the indemnities contained in Article XIX hereof Tenant, to the extent the same is available. Such Landlord customary certificates evidencing such paid-up insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name certifying Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed which certificates are to be issued by the laws of the State in which the Premises are locatedinsurance companies, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to delivered on a yearly basis at the commencement of and each year during the construction Term of any permitted rehabilitationthis Lease. The policies of insurance provided herein are to be provided by the Tenant, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent and shall be for a period of at least twelve not less than one (121) months in year, it being understood and agreed that fifteen (15) days prior to the event Tenant’s obligation expiration of any policy of insurance, the Tenant will deliver to pay same under the Lease abates for any reason whatsoever (provided that Landlord a renewal or new policy to take the foregoing shall not be deemed consent place of the expiring policy, with the further understanding that, should the Tenant fail to any right of rent abatement except furnish policies, as specifically is provided in this Lease). (f) Flood hazard , and at the times herein provided, the Landlord may obtain such insurance, and the premiums on such insurance if shall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Tenant shall make no claim for recovery against Landlord and expressly waives any portion right of recovery against Landlord for damage to or loss of the Improvements is currently Demised Premises or at improvements thereon, which damage or loss may arise by fire or any time in other peril covered by any policy of insurance containing a waiver of subrogation right against the future located in a federally designated “special flood hazard area” and Landlord in which flood insurance has been made available under said policy the National Flood Insurance Act Tenant is or may be the insured and when said loss is caused by or results from any acts of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace carelessness or negligence of the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant its officers, employees or other persons under its control. Tenant further covenants and agrees to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) aboveapply to its insurers for waiver of subrogation against Landlord, its agents and employees, and to obtain same if Tenant's insurers will issue such waiver without cost. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shallmust, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall must (v) contain an agreed amount endorsement with respect to the Improvements, (viivi) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS twenty-five thousand dollars ($25,000.0025,000), and (vivii) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, ,” as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming nonconforming structures or uses. All insurance required hereunderinsurance, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunderrequired, shall must be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE MILLION AND NO/100 DOLLARS one million dollars ($3,000,000.001,000,000.00) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS two million dollars ($3,000,000.002,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS five million dollars ($5,000,000.00). Such insurance shall will cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article ARTICLE XIX hereof of this Lease to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunderunder this Lease, shall must name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurancecoinsurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall will not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall must be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shallmust, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time-to-time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From Tenant shall obtain and after the Possession Date and continuing maintain throughout the Term term of this Lease, Tenant shall, at its sole cost and expense, maintain in full force and effect Lease the following types and amounts policies of insurance coverage:insurance. (a) Special form insurance replacement cost fire and extended coverage insurance, with vandalism, malicious mischief and sprinkler leakage endorsements, on all of Tenant's personal property and non-Building standard leasehold improvements in the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all Leased Premises in an amount which reasonably assures there will be sufficient proceeds to replace not less than the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased full replacement cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear.thereof; (b) Commercial comprehensive general and contractual liability and property damage insurance providing coverage against liability claims for personal and bodily injury, death and property damage having occurring in or about the Leased Premises, such insurance to afford protection to the limits of (i) not less than THREE MILLION AND NO/100 DOLLARS $2,000,000.00 in respect of injury to or death of any number of persons arising out of any one occurrence and (ii) $3,000,000.001,000,000.00 in respect of any instance of property damage; and Tenant shall deliver to Landlord, prior to the Commencement Date, certificates of such insurance and shall, at all times during the term of this Lease, deliver to Landlord upon request true and correct copies of said insurance policies. The policy described in clause (b) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; NAME LANDLORD AS AN ADDITIONAL INSURED, (ii) products and completed operations; provide that it will not be canceled or reduced in coverage without thirty (30) days' prior written notice to Landlord, (iii) independent contractors; insure performance of the indemnities of Tenant contained in this Lease, and (iv) blanket contractual liability for all written and oral contracts; and be primary coverage, so that any insurance coverage obtained by Landlord shall be excess thereto. Tenant shall deliver to Landlord certificates of renewal at least thirty (v30) contractual liability covering the indemnities contained in Article XIX hereof days prior to the extent the same is availableexpiration date of each such policy and copies of new policies at least thirty (30) days prior to terminating any such policies. Such insurance, All policies of insurance required to be obtained and any and all other liability insurance maintained by Tenant in excess shall be subject to the approval of or in addition to that required hereunder, shall name Landlord as an additional insuredto terms, coverage, deductibles and issuer. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In addition, Tenant shall, at Landlord’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From Landlord, and after Landlord's agents and employees, shall not be liable to Tenant, or those claiming through or under Tenant, for injury, death, property damage, burglary, theft or disappearance occurring in, on or about the Possession Date Premises, the Building, and continuing throughout the Term land and appurtenances thereto, and Tenant shall indemnify and hold them harmless from any claim, damage, cost and expense (including attorneys' fees) or liability arising out of this Leaseany injury, death, property damage, burglary, theft or disappearance occurring in, on or about the Premises to Tenant shallor any agent, employee or invitee of Tenant, unless due to Landlord's gross negligence or willful misconduct. The Tenant, at its the Tenant's sole cost and expense, shall maintain in full force for the mutual benefit of the Landlord and effect the following types and amounts of insurance coverage: (a) Special form insurance on the ImprovementsTenant, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, general public liability insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (v) contain an agreed amount endorsement with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability claims for personal and bodily injury, death and or property damage having limits occurring upon, in or about the Premises, such insurance to afford protection in a combined single limit of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per occurrence with a general aggregate 2,000,000.00. All policies of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained be in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent written with companies satisfactory to the all risk insurance policy required under paragraph Landlord, and shall provide for at least ten (a10) above. (h) If Tenant’s use business days written notice to Landlord prior to cancellation. Such policies, or certificates thereof, shall be delivered to landlord prior to the commencement of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant Lease Term; and evidence of any renewal of such insurance shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of be delivered to Landlord not less than ONE MILLION AND NO/100 DOLLARS thirty ($1,000,000.00). (i30) In additiondays prior to the expiration of the term of such coverage. The Tenant covenants that it will not do or permit to be done, Tenant shallnor keep nor permit to be kept upon the Premises, at Landlord’s requestanything that will contravene the policy or policies of insurance against loss by fire or other causes, provide, keep and maintain in full force and effect such or which will increase the rate of fire or other insurance on the Building. Should any act of the Tenant so increase said rate, then, in addition to the rentals hereinabove provided for, the Tenant shall be liable for such risks and in such amounts additional premium, which shall be payable when billed as may from time to time be commonly insured against additional rent, collectible in the case same manner as the rents hereinabove provided for. Tenant covenants that under no circumstances will it keep or permit to be kept, do or permit to be done, in or about the Premises, anything of business operations similar a character so hazardous as to those contemplated render it difficult, impracticable or impossible to secure such insurance in companies acceptable to the Landlord, and further, immediately upon notice, to remove from the Premises and/or to desist from any practice deemed by the insurance companies or the Association of Fire Underwriters as so affecting the insurance risk. Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that it shall look solely to the estate and property of Landlord in the Land and Building of which the Premises form a part, for the collection of any judgment (or other judicial process) requiring the payment of money by Landlord for any default or breach by Landlord of any of its obligations under this Lease, subject, however, to the prior rights of any ground or underlying landlord or the holder of any mortgage covering the Building or of Landlord's interest therein. No other assets of Landlord shall be conducted by subject to levy, execution or other judicial process for the satisfaction of Tenant's claim. This provisions shall not be deemed, construed or interpreted to be or constitute an agreement, express or implied, between Landlord and Tenant on that Landlord's interest hereunder and in the PremisesBuilding shall be subject to impressment of an equitable lien or otherwise. Nothing herein contained shall be construed to limit any right of injunction against Landlord, where appropriate.

Insurance by Tenant. From and after the Possession Effective Date and continuing throughout the Term of this Lease, Tenant shall, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. Such insurance shall (vi) contain an agreed amount endorsement or equivalent clause within the policy with respect to the Improvements, (viiii) provide for no deductible in excess of TWENTY FIVE ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($25,000.00100,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having limits of not less than THREE ONE MILLION AND NO/100 DOLLARS ($3,000,000.001,000,000.00) (evidenced as $800,000 excess of a $200,000 self-insured retention) per occurrence with a general aggregate of not less than THREE TEN MILLION AND NO/100 DOLLARS ($3,000,000.0010,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX XVIII hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insuredinsured with a waiver of subrogation in favor of Landlord. (c) Workers’ compensation insurance or employee liability insurance, in a form prescribed the minimum amounts required by the laws of the State state in which the Premises are is located, and employers’ liability insuranceif any. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent for a period of at least twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (gf) Earthquake insuranceEnvironmental Insurance covering the Premises and the Underground Storage Tank System (i) in an amount of at least $1,000,000.00 per occurrence, if requiredand $5,000,000 in the aggregate, or in such greater amount as may be required by law, providing coverage for remediation of any Hazardous Materials contamination at the Premises, and (ii) in the amount of at least $1,000,000 per occurrence providing coverage for compensation of any related personal injuries and third party liability. If the Premises is located in the State of Oklahoma, Tenant shall carry Environmental Insurance covering the Premises and the Storage Tank System in an amount of at least $1,000,000 per occurrence, covering third party liability and personal injuries, but such coverage shall not cover the remediation of any Hazardous Material on, in amountsor under the Premises, form and substance satisfactory to Landlord, provided that except as otherwise required now or in the insurance pursuant to this paragraph (g) shall be on terms consistent with future under the all risk insurance policy required under paragraph (a) abovelaws of the State of Oklahoma. (hg) If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises off premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) (evidenced as $800,000 excess of a $200,000 self insured retention), with umbrella policy of at least $5,000,000. (ih) In addition, Tenant shall, at Landlord’s reasonable request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations in the same county where the Premises are located, similar to those contemplated by this Lease to be conducted by Tenant on the Premises.

Insurance by Tenant. From and after the Possession Date and continuing throughout the Term of this Lease, Tenant shall, at its sole cost all times during the Lease Term, at Tenant's cost, obtain and expense, maintain keep in full force and effect the following types insurance insuring Tenant, Landlord and amounts of insurance coverage:all mortgagees and any other person or entity designated by Landlord as having an interest in the Property (as their interest may appear): (a) Special form insurance on the Improvements, including all permitted alterations, changes, additions and replacements thereof and thereto, including without limitation, insurance against loss or damage caused by: (i) fire, windstorm Insurance upon all property situated in the Premises owned by Tenant or for which Tenant is legally liable and other hazards on fixtures and perils generally included under improvements installed in the Premises by or on behalf of Tenant. Such polices shall be for an amount of not less than 100% of the full replacement cost with coverage against at least fire with standard extended coverage; , vandalism, malicious mischief, sprinkler leakage and water damage. If there is a dispute as to the replacement cost amount, the decision of Landlord shall be conclusive. (ii) sprinkler leakage; Business interruption insurance in an amount sufficient to reimburse Tenant for direct or indirect loss of earnings attributable to prevention of access to the Building or Premises as a result of such perils; (iii) vandalism Commercial General Liability insurance including fire, legal liability and malicious mischief; contractual liability insurance coverage with respect to the Building and (iv) boiler the Premises. The coverage is to include activities and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace the Improvements operations conducted by Tenant and any other person in the event Premises and Tenant and any other person performing work on behalf of a loss against which such insurance Tenant and those for whom Tenant is issuedby law responsible in any other party of the Building. Such insurance shall (v) contain an agreed amount endorsement be written on a comprehensive basis with respect to the Improvements, (vii) provide for no deductible in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00), and (vi) contain endorsements insuring against liability for “demolition costs” and “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and property damage having inclusive limits of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) per 2,000,000 for each occurrence with a general aggregate for bodily injury and property damage or such higher limits as Landlord, acting reasonably, may require from time to time, provided, however, that such higher limits are commercially reasonable. The limit of not less than THREE MILLION AND NO/100 DOLLARS ($3,000,000.00), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00). Such said insurance shall cover at least not, however, limit the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; liability of Tenant hereunder. Landlord shall be named on all liability policies maintained by Tenant. (iv) blanket contractual liability Worker's Compensation insurance for all written and oral contracts; and (v) contractual liability covering the indemnities contained Tenant's employees working in Article XIX hereof to the extent the same is available. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this Article, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises. (e) Loss of rent insurance in favor of Landlord, without a provision for co-insurance, in an amount sufficient to pay Rent comply with applicable laws or regulations; (v) Any other form of insurance as Tenant, Landlord or its mortgagee, may reasonably require from time to time. Such insurance shall be in form, amounts and for the risks which a period prudent Tenant would insure. All policies of at least twelve (12) months insurance maintained by Tenant shall be in the event Tenant’s obligation a form acceptable to pay same under the Lease abates for any reason whatsoever (provided that the foregoing Landlord; issued by an insurer acceptable to Landlord, which acceptability shall not be deemed consent unreasonably withheld; and licensed to do business in the state in which the Property is located; and require at least thirty (30) days written notice to Landlord of termination or material alteration and waive, to the extent available, any right of rent abatement except as specifically provided in this Lease). (f) Flood hazard insurance if subrogation against Landlord. All policies shall provide that the interests of Landlord, its mortgagee or those names insured designated by Landlord shall not be invalidated because of any portion breach or violation of the Improvements is currently any warranties, representations, declarations or at any time conditions contained in the future located in policies. All policies must contain a federally designated “special flood hazard area” severability of interest clause, a cross-liability clause and in which flood shall be primary and shall not provide for contribution of any other insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued. (g) Earthquake insurance, if required, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall be on terms consistent with the all risk insurance policy required under paragraph (a) above. (h) its mortgagee, or those named insureds designated by Landlord. If Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance in the amount of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (i) In additionrequested by Landlord, Tenant shall, upon the Commencement Date designated in Item (g) of Basic Terms, and thereafter within fifteen(15) days prior to the expiration date of each such policy, promptly deliver to Landlord certified copies or other written evidence of such policies and written evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord, or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such required insurance coverage at Landlord’s request, provide, keep and maintain in full force and effect such other insurance Tenant's expense. Tenant shall promptly reimburse Landlord for such risks and in such amounts any monies so expended as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on the Premisesadditional rent.

Insurance by Tenant. From and after the Possession Effective Date and continuing throughout the Term of this LeaseTerm, Tenant shall, at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance coverage: (a) Special form insurance on the ImprovementsImprovements (together with the machinery and equipment which are attached to the Improvements in such a manner as to become fixtures (the “Equipment”)), including all permitted alterations, changes, additions and replacements thereof and thereto, including including, without limitation, insurance against loss or damage caused by: (i) fire, windstorm and other hazards and perils generally included under extended coverage; (ii) sprinkler leakage; (iii) vandalism and malicious mischief; and (iv) boiler and machinery, all in an amount which reasonably assures there will be sufficient proceeds to replace not less than the actual replacement cost of the Improvements in the event of a loss against which such insurance is issuedand Equipment. Such insurance shall (vA) contain an agreed amount endorsement with respect to the ImprovementsImprovements and Equipment, (viiB) provide for no a deductible (the “Deductible”), subject to Section 7.1(h) hereof, not in excess of TWENTY FIVE THOUSAND AND NO/100 DOLLARS Two Hundred Fifty Thousand Dollars ($25,000.00250,000.00), which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter; provided, however, that on or before the commencement of each Lease Year, Landlord may review the loss history for the prior Lease Year and if, in Landlord’s commercially reasonable discretion, Landlord determines that such loss history requires a reduction, the Deductible may be reduced by Landlord to $100,000, which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter, and (viC) contain endorsements insuring against liability for “demolition costs” and ”, “increased cost of construction”, as well as “ordinance or law” coverage and an “enforcement” endorsement if any of the Improvements or the use of the Premises shall at any time constitute legally non-conforming structures or uses. All insurance required hereunder, and all other insurance maintained by Tenant on the Improvements in excess of or in addition to that required hereunder, shall be carried in favor of Landlord and Tenant, as their respective interests may appear. (b) Commercial general liability and property damage insurance providing coverage against liability for personal and bodily injury, death and death, property damage and liquor liability having limits of not less than THREE MILLION AND NO/100 DOLLARS One Million Dollars ($3,000,000.001,000,000.00) (which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter) per occurrence with a general aggregate of not less than THREE MILLION AND NO/100 DOLLARS Three Million Dollars ($3,000,000.00) (which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter), and with an umbrella liability policy in the amount of FIVE MILLION AND NO/100 DOLLARS Five Million Dollars ($5,000,000.00) (which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter) ("Tenant's General Liability Insurance"). Such insurance shall cover at least the following hazards: (i) premises and operations; (ii) products and completed operations; (iii) independent contractors; (iv) blanket contractual liability for all written and oral contracts; and (v) contractual liability covering the indemnities contained in Article XIX hereof this Lease to the extent the same is available. Such insurance may be subject to a self-insured retention or deductible (the “Retention”), subject to Section 7.1(h) hereof, not in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), which amount shall increase by ten percent (10%) upon the commencement of the fifth Lease Year and every five (5) years thereafter. Such insurance, and any and all other liability insurance maintained by Tenant in excess of or in addition to that required hereunder, shall name Landlord as an additional insured. Notwithstanding anything to the contrary stated herein, Tenant may satisfy the requirements of this Section 7.1(b) by Tenant's primary or umbrella insurance policies. (c) Workers’ compensation insurance, in a form prescribed by the laws of the State in which the Premises are located, and employers’ liability insurance. (d) Builders’ risk insurance in accordance with the requirements of this ArticleArticle VII, but only prior to the commencement of and during the construction of any permitted rehabilitation, replacement, reconstruction, restoration, renovation or alteration to the Premises, and only to the extent that such coverage is not being maintained by Tenant’s contractor(s) pursuant to a policy or policies that satisfy the requirements of this Article VII and are otherwise acceptable to Landlord and Lender. (e) Loss of rent Business interruption insurance in favor of LandlordTenant, without a provision for co-insurance, in an amount sufficient to allow Tenant to pay Rent for a the period of at least interruption, with a policy coverage limit of not less than the amount of Rent then payable by Tenant for twelve (12) months in the event Tenant’s obligation to pay same under the Lease abates for any reason whatsoever (provided that the foregoing shall not be deemed consent to any right of rent abatement except as specifically provided in this Lease)consecutive calendar months. (f) Flood hazard insurance if any portion of the Improvements is currently or at any time in the future located in a federally designated “special flood hazard area” and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (and any successor thereto) in an amount which reasonably assures that there will be sufficient proceeds to replace the Improvements in the event of a loss against which such insurance is issued; provided, however, that such insurance shall provide, subject to Section 7.1(h) hereof, for a loss deductible limit (the “Flood Limit”) in an amount reasonably required for similar operations as those conducted by Tenant at the Premises in the same geographic area as the Premises. (g) Earthquake insurance, but only if requiredthe Premises are located in an a high risk earthquake area, in amounts, form and substance satisfactory to Landlord, provided that the insurance pursuant to this paragraph (g) shall and be on terms consistent with the all risk insurance policy required under paragraph Section 7.1(a) hereof; provided, however, that such insurance shall provide, subject to Section 7.1(h) hereof, for a loss deductible limit (athe “Earthquake Limit”) abovein an amount reasonably required for similar operations as those conducted by Tenant at the Premises in the same geographic area as the Premises. (h) Notwithstanding the terms of Sections 7.1(a), (b) and (g) hereof, Tenant shall have the right, during any period that Tenant’s long-term unsecured debt is rated not less than BB+ by Standard & Poor’s (as hereinafter defined) or Ba1 by Moody’s (as hereinafter defined), to increase the amounts of any of the Deductible, the Retention, the Earthquake Limit, and the Flood Limit to such higher amounts that are then customary in the relevant insurance markets for comparable properties, as reasonably requested by Tenant and approved by Landlord. (i) If not otherwise insured for under Tenant's General Liability Insurance and if Tenant’s use of the Premises involves selling or distributing alcoholic beverages for on-Premises consumption, Tenant shall provide, keep and maintain in full force and effect liquor liability insurance insurance, which may be satisfied by any combination of primary and/or umbrella coverage, in the amount of not less than ONE MILLION AND NO/100 DOLLARS Two Million Dollars ($2,000,000.00). Such insurance, if separate from the General Liability Insurance policy, may be subject to a commercially reasonable self-insurance retention or deductible not in excess of One Million Dollars ($1,000,000.00). (ij) If required by Lender, insurance coverage against loss or damage to persons and property by reason of any act of terrorism, to the extent such coverage is commercially available at a commercially reasonable cost. (k) In addition, Tenant shall, at Landlord’s request, not to be unreasonably made, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this Lease to be conducted by Tenant on at the Premises in the same geographic area as the Premises. (l) Notwithstanding anything to the contrary stated in this Section 7.1, Tenant shall self-insure for the total replacement value of the Premises in connection with any casualty not otherwise covered under the insurance policies required herein.