Common use of Insurance by Tenant Clause in Contracts

Insurance by Tenant. Tenant shall, at all times during the term of this Lease, at its own expense, maintain a policy or policies of insurance with premiums paid on a timely basis, issued by and binding upon a reputable solvent insurance company, insuring all of Tenant’s personal property located in the Leased Premises against loss or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles), and 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 provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate limit as to the Property of not less than Three Million and No/100 Dollars ($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 in all events, Tenant shall be 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 a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 other insurance maintained by Landlord. There shall be no endorsement or modification of 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 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 (10) 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 under the policies required hereunder to cover such party, to the extent of the coverage of such policies.

Insurance by Tenant. Tenant shall, at all times during the term of this Leaselease term, procure at its own expenseexpense and keep in force the following insurance: Commercial general liability insurance naming the Landlord and Landlord’s Agent as an additional insured against any and all claims for bodily injury and property damage occurring in, maintain a policy or policies of insurance with premiums paid on a timely basis, issued by and binding upon a reputable solvent insurance company, insuring all about the Premises arising out of Tenant’s personal property located in use and occupancy of the Leased Premises against loss or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles), and insuring Tenant against business interruption in an amount sufficient to insure the payment of Base Rent for Premises. Such insurance shall have a period of one year. Tenant shall also maintain a policy or policies of comprehensive commercial general liability insurance which provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate combined single limit as to the Property of not less than Three One Million and No/100 Dollars ($3,000,000.001,000,000) per occurrenceoccurrence with a One Million Dollar ($1,000,000) aggregate limit and excess umbrella liability insurance in the amount of One Million Dollars (1,000,000). If the Tenant may fulfill its obligations has other locations that it owns or leases the policy shall include an aggregate limit per location endorsement. Such liability insurance shall be primary and not contributing to provide any insurance available to Landlord and Landlord’s Agent. In no event shall the limits of such insurance be considered as required herein by an umbrella or blanket policy or policies, covering limiting the various liabilities liability of Tenant and its Affiliates, so long as the general aggregate limit of such policy or policies will apply separately at least under this lease. Tenant’s liability pursuant to this section shall be limited to the extent of $3,000,000 for insurance required to be carried by Tenant pursuant to the Tenant’s liabilities under this terms of the 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 in all events, Tenant shall be 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 a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 other insurance maintained by Landlord. There shall be no endorsement or modification of 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 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 Tenant shall be a defense with companies rated AX or better in the most current issue of Best’s Insurance Reports. Insurers shall be licensed to do business in the state in which the Premises are located and domiciled in the USA. Any deductible amounts under 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 (10) 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 under the policies required hereunder shall not exceed $1,000.00 Certificates of insurance (certified copies of the policies may be required) shall be delivered to cover such party, Landlord and Landlord’s Agent prior to occupancy and annually thereafter at least thirty (30) days prior to the extent expiration date of the old policy. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this lease. Each policy of such policies.insurance shall provide notification to Landlord and Landlord’s Agent at least twenty

Insurance by Tenant. Landlord, and 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 Premises, the Building, and the Land and appurtenances thereto and Tenant shallshall indemnify and hold them harmless from any claim, at all times during 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 term of this LeasePremises to Tenant or any agent, at its own expense, maintain a policy employee or policies of insurance with premiums paid on a timely basis, issued by and binding upon a reputable solvent insurance company, insuring all invitee of Tenant, unless due to Landlord’s personal property located in the Leased Premises against loss negligence or damage by firewillful misconduct. Tenant, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles)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 insuring Tenant against business interruption in an amount sufficient 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 insure Landlord or any agent, employee or invitee of Landlord, unless due to Tenant’s negligence or willful misconduct. The Tenant, at the payment Tenant’s sole cost and expense, shall maintain for the mutual benefit of Base Rent for a period of one year. Tenant shall also maintain a policy or policies of comprehensive commercial the Landlord and the Tenant, general public liability insurance which provide coverage to include against claims for personal injury, bodily injurydeath or property damage occurring upon, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with in or about the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance companyPremises, such insurance to provide an aggregate afford protection in a combined single limit as to the Property of not less than Three One Million and No/100 00/100ths Dollars ($3,000,000.00) per occurrence1,000,000.00). Tenant may fulfill its obligations to provide All policies of insurance as required herein by an umbrella or blanket policy or policies, covering the various liabilities of Tenant shall be in form and its Affiliates, so long as the general aggregate limit of such policy or policies will apply separately at least substance satisfactory 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 policyLandlord, provided the amount of the deductible of the underlying policy is commercially reasonable, and in all events, Tenant shall be 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 a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection written with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 companies satisfactory 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 timesLandlord, and shall deliver provide for at least thirty (30) days written notice to Landlord prior to cancellation. Such policies, or certificates thereof, shall be delivered to Landlord prior to the commencement of the lease term; and evidence of any renewal or replacement of such policies at least ten insurance shall be delivered to Landlord not less than thirty (1030) days prior to each renewal, the expiration or cancellation of the term of such insurancecoverage. All such policies shall Tenant covenants that under no circumstances will it keep or permit to be primary with respect 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 Leased PremisesLandlord, over and further, immediately upon notice, to remove from the Premises and/or to desist from any other insurance maintained practice deemed by Landlord. There shall be no endorsement or modification of the insurance policy to make it excess over other available insurance, or if companies of Fire Underwriters as so affecting 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 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 (10) 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 under the policies required hereunder to cover such party, to the extent of the coverage of such policiesrisk.

Insurance by Tenant. Tenant shallagrees that, at its own cost and expense, it shall procure and continue in force, in the name of Tenant and with Landlord as an Additional Insured, general liability insurance against any and all times claims for injuries to persons and property occurring in, upon, or about the Premises, during the term of this Lease; such insurance, at its own expenseall times, maintain to be in an amount not less than One Million ($1,000,000) Dollars combined single limit per occurrence. Such insurance shall be written in a policy company or companies authorized to engage in the business of general liability insurance in the State in which the Premises are located, and there shall be delivered to the Landlord customary certificates evidencing such paid-up insurance, which certificates are to be issued by the insurance companies. The policies of insurance with premiums paid on a timely basis, issued provided herein are to be provided by and binding upon a reputable solvent insurance company, insuring all of the Tenant’s personal property located in the Leased Premises against loss or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles), and insuring Tenant against business interruption in an amount sufficient to insure the payment of Base Rent shall be for a period of not less than one (1) year, it being understood and agreed that fifteen (15) days prior to the expiration of any policy of insurance, the Tenant will deliver to the Landlord a renewal or new policy to take the place of the expiring policy, with the further understanding that, should the Tenant fail to furnish policies, as is provided in this Lease, and at the times herein provided, the Landlord may obtain such insurance, and the premiums on such insurance shall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Tenant shall also maintain a policy make no claim for recovery against Landlord and expressly waives any right of recovery against Landlord for damage to or policies of comprehensive commercial general liability insurance which provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate limit as to the Property of not less than Three Million and No/100 Dollars ($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 loss of the deductibles under Premises, or improvements thereon, which damage or loss may arise by fire or any other peril covered by 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 in all events, Tenant shall be 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 a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include containing a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 other insurance maintained by Landlord. There shall be no endorsement or modification of 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 right against the Landlord as additional in which said policy the Tenant is or may be the insured with respect to all coverages applicable to the Leased Premises. There shall be no endorsement and when said loss is caused by or modification results from any acts of the policy to exclude the carelessness or negligence of the additional insuredLandlord, its officers, employees or other persons under its control. Attached Tenant further covenants and agrees to the certificates of insurance shall be the additional insured endorsement, apply to its insurers for waiver of subrogationsubrogation against Landlord, insured contract coverages its agents and other endorsements required hereinemployees, 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 and to take out or maintain any policy required to be maintained by obtain same if Tenant's insurers will issue 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 (10) 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 under the policies required hereunder to cover such party, to the extent of the coverage of such policieswaiver without cost.

Insurance by Tenant. Tenant shall, at all times shall during the term of this Leaselease ------------------- and at Tenant's cost, at its own expense, maintain a policy or policies of insurance with premiums paid on a timely basis, issued by obtain and binding upon a reputable solvent insurance companykeep in effect, insuring Tenant, Landlord and all 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), the following insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant’s personal property located in . Such policies shall be for an amount of not less than 100% of the Leased Premises full replacement cost with coverage against loss or damage by fire, explosionat least fire with standard extended coverage, vandalism, malicious mischief, or other standard insurable hazards sprinkler leakage and contingencies for water damage, If there is a dispute as to the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles)replacement cost amount, and insuring Tenant against business the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in an amount sufficient to insure the payment reimburse Tenant for direct or indirect loss of Base Rent for a period earnings attributable to perils commonly insured against by prudent tenants or attributable to prevention of one year. Tenant shall also maintain a policy or policies of comprehensive commercial general liability insurance which provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate limit as access to the Property of not less than Three Million and No/100 Dollars ($3,000,000.00) per occurrence. Tenant may fulfill its obligations to provide insurance as required herein by an umbrella Building 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 in all events, Tenant shall be 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 premises as a result of such deductibleperils. Tenant’s Commercial General Liability insurance including fire, legal liability and property damage contractual liability insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be canceled, modified or amended unless ten (10) days prior written notice has been given to Landlord. Tenant shall deliver to Landlord insurance certificates 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 premises and Tenant and any other person performing work on behalf of Tenant and those for whom Tenant is by law responsible in any other part of the Building. Such insurance required hereunder (shall be written on a comprehensive basis with inclusive limits of not less than $1,000,000 Dollars for each occurrence for bodily injury and naming property damage or such higher limits as the Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of the tenant hereunder. Landlord shall be named as an additional insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in the premises in an amount sufficient to comply with applicable laws or regulations. Any other form of insurance as required above) on the Tenant, Landlord or before its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the Commencement Date (form, amounts and for the risks which a 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 30 days written notice to Landlord of termination or Tenant’s earlier access material alteration and waive, to the Leased Premises)extent available, any right of subrogation against Landlord. All policies shall maintain such certificates at all timesprovide that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlord, Tenant shall upon the commencement date of this lease and thereafter within 15 days prior to the expiration of each such policy, promptly deliver to Landlord certificates of the renewal certified copies or replacement other evidence of such policies at least ten (10) days prior and evidence satisfactory to each renewal, expiration or cancellation of such insuranceLandlord that all premiums have been paid and policies are in effect. All such policies shall be primary with respect to the Leased Premises, over any other insurance maintained by Landlord. There shall be no endorsement or modification of 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 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 If Tenant fails to take out secure or maintain any policy insurance coverage required to by Landlord or should insurance secured not be maintained approved by such party hereunder, Landlord and such failure shall or approval not 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 requiredcorrected within 48 hours after written notice from Landlord, Landlord may, upon advance written notice to without obligation, purchase such insurance coverage required at Tenant, cause the insurance to be issued and 's expense. Tenant shall pay to promptly reimburse Landlord the premium for such insurance within ten (10) 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 under the policies required hereunder to cover such party, to the extent of the coverage of such policiesmonies expended.

Insurance by Tenant. Landlord, and 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 Premises, the Building, and the land and appurtenances thereto, and Tenant shallshall indemnify and hold them harmless from any claim, damage, cost and expense (including attorneys' fees) or liability arising out of any injury, death, property damage, burglary, theft or disappearance occurring in, on or about the Premises to Tenant or any agent, employee or invitee of Tenant, unless due to Landlord's gross negligence or willful misconduct. The Tenant, at all times during the term of this Lease, at its own Tenant's sole cost and expense, shall maintain a policy or policies of insurance with premiums paid on a timely basis, issued by and binding upon a reputable solvent insurance company, insuring all of Tenant’s personal property located in the Leased Premises against loss or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions mutual benefit of the Landlord and the Tenant’s customary deductibles), and 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 public liability insurance which provide coverage to include against claims for personal injury, bodily injurydeath or property damage occurring upon, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with in or about the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance companyPremises, such insurance to provide an aggregate afford protection in a combined single limit as to the Property of not less than Three Million $2,000,000.00. All policies of insurance shall be in form and No/100 Dollars ($3,000,000.00) per occurrence. Tenant may fulfill its obligations substance satisfactory to provide insurance as required herein by an umbrella or blanket policy or policiesLandlord, 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 shall be written with companies satisfactory 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 in all events, Tenant shall be 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 a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 provide for at least ten (10) 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 Lease Term; and evidence of any renewal of such insurance shall be delivered to Landlord not less than thirty (30) days prior to each renewal, the expiration or cancellation of the term of such insurancecoverage. All such The Tenant covenants that it will not do or permit to be done, nor keep nor permit to be kept upon the Premises, anything that will contravene the policy or policies of insurance against loss by fire or other causes, 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 primary with respect liable for such additional premium, which shall be payable when billed as additional rent, collectible in the 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 a character so hazardous as to render it difficult, impracticable or impossible to secure such insurance in companies acceptable to the Leased PremisesLandlord, over and further, immediately upon notice, to remove from the Premises and/or to desist from any other insurance maintained practice deemed by Landlord. There shall be no endorsement or modification of the insurance policy to make it excess over other available insurance, companies or if the Association of Fire Underwriters as so affecting 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 additional insured with respect to all coverages applicable to the Leased Premisesrisk. 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 Anything contained 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 (10) 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 Lease to the contrary contained 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 leaseLease, neither party shall make claim against the other for damages attributable to any claim that is subject to insurance under the policies required hereunder to cover such partysubject, however, to the extent prior rights of any ground or underlying landlord or the coverage holder of such policiesany mortgage covering the Building or of Landlord's interest therein. No other assets of Landlord shall be 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 that Landlord's interest hereunder and in the Building 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. A. Tenant shallshall maintain the following insurance: (a) commercial comprehensive general public liability insurance in respect of the Demised Premises and the conduct or operation of business therein, at all times during the term with Landlord as an additional named insured, with limits of this Leasenot less than $5,000,000 combined single limit for bodily injury or death and for property damage, at its own expenseincluding water damage and sprinkler leakage liability, maintain (b) a policy or policies of plate glass insurance with premiums paid on a timely basiscovering all plate and xxxxxxx xxxxx situated in the Demised Premises, issued by (c) fire and binding upon a reputable solvent extended coverage insurance company, insuring all in respect of Tenant’s personal 's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property located of Tenant in the Leased Demised Premises against loss or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for to the extent of one hundred percent (100%) of the full insurable value thereof (subject to standard exclusions of the property covered and Tenant’s customary deductibles), and insuring Tenant against business interruption in an not less than the amount sufficient to insure avoid the payment effect of Base Rent for a period the co-insurance provisions of one year. Tenant shall also maintain a policy or policies of comprehensive commercial general liability insurance which provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate limit as to the Property of not less than Three Million and No/100 Dollars ($3,000,000.00) per occurrence. Tenant may fulfill its obligations to provide insurance as required herein by an umbrella or blanket applicable policy or policies, covering the various liabilities and (d) any other insurance required for compliance with any Requirements 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 in all events, Tenant shall be solely responsible for any damages caused by Tenant, Tenant’s Related Parties, or any another persons over whom which Tenant has control, that are not covered by the insurance as a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be canceled, modified or amended unless ten (10) days prior written notice has been given to Landlordreceived notice. Tenant shall deliver to Landlord insurance certificates with respect to the insurance required hereunder (and naming Landlord as any additional insured as required above) on specified by Landlord to Tenant such fully paid-for-policies or certificates evidencing such coverage before the Commencement Date (or Tenant’s earlier access Date. Tenant shall procure and pay for renewals of such insurance from time to time before the Leased Premises), shall maintain such certificates at all timesexpiration thereof, and Tenant shall deliver to Landlord and any additional named insured such renewal policy or certificates of the evidencing such renewal or replacement of such policies at least ten (10) 30 days prior to each renewal, before the expiration or cancellation of such insuranceany existing policy. All such policies shall be primary with respect issued by companies of recognized responsibility licensed to do business in the state in which the Demised Premises is located and having a general policy holder's rating of not less than 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 Leased Premisescontrary, over any other insurance maintained by Landlord. There Tenant shall be no endorsement or modification have the right to self insure as to (b) of the first sentence, provided Tenant shall meet all applicable requirements for self-insurance policy to make it excess over other available insurancein the State in which the Shopping Center is located. All public liability policies shall contain a provision that Landlord, or if the insurance policy states that it is excess or prorata, the policy shall will be endorsed to be primary insurance with respect to the Landlord named as additional insured with respect under said policies for any loss occasioned to all coverages applicable to the Leased Premises. There shall be no endorsement or modification it by reason of the policy to exclude the negligence of the additional insuredTenant, or its agents or employees. Attached to the certificates of 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 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 as not contributing with 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, coverage which 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 (10) days of Landlord’s demand, plus interest at the Default Rate from the date of demand until repaid by Tenantmay carry. 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 under the requirement of $5,000,000 combined single limit may be satisfied by utilizing primary policies required hereunder to cover such party, to the extent of the coverage of such and umbrella liability policies.

Insurance by Tenant. Tenant shallwill, at its 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 the aggregate for this location, insuring against all liability of Tenant and its representatives arising out of and in connection with Tenant’s use, maintenance or occupancy of the Premises and all areas appurtenant thereto. Landlord, and 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 will contain provisions or endorsements preventing their cancellation, discontinuance or alteration without at least thirty (30) days’ prior written notice to Landlord. The insurance secured by Tenant will insure performance by Tenant of the indemnity provisions of this Lease to the extent of claims for bodily injury and property damage, will be considered primary and not in excess of coverage Landlord may carry, and 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 coverage. Tenant will at its own expenseexpense obtain and maintain all-risks property and casualty insurance coverage, maintain a policy or policies of insurance written at replacement cost value and with premiums paid on a timely basisreplacement cost endorsement, issued by and binding upon a reputable solvent insurance company, insuring covering all of Tenant’s personal property located in the Leased Premises against loss and all improvements, alterations or damage by fire, explosion, vandalism, malicious mischief, or other standard insurable hazards and contingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles), and 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 provide coverage to include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by and binding upon a solvent and reputable insurance company, such insurance to provide an aggregate limit as additions made to the Property of not less than Three Million and No/100 Dollars ($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 in all events, Tenant shall be solely responsible for any damages caused Premises by Tenant, Tenant’s Related Parties, or any another persons over whom Tenant has control, that are not covered but excluding improvements constructed by the insurance as a result of such deductible. Tenant’s liability and property damage insurance policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be 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 other insurance maintained by Landlord. There shall be no endorsement or modification of 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 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 (10) days part of Landlord’s Work, which improvements shall be insured under Landlord’s all-risk insurance policy. All insurance required under this section will be issued by insurance companies licensed to do business in the jurisdiction where the Building is located. Such companies will have a policyholder rating of at least “A” and be assigned a financial size category of at least “Class X” as rated in the most recent edition of “Best’s Key Rating Guide.” If Tenant fails to comply with the aforesaid requirements, Landlord may obtain such insurance and keep the same in force and effect and Tenant will pay Landlord the cost thereof, on 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 under the policies required hereunder to cover such party, to the extent of the coverage of such policiesas Additional Rent.