Common use of Insurance Indemnification Clause in Contracts

Insurance Indemnification. Xxxxxx agrees that it will procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating of no less than A- VII comprehensive general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to bodily injury, including loss of life and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts not less than $2,000,000.00 for injury or death to any one person and in the aggregate amount of not less than $2,000,000.00 in any one accident, not less than $2,000,000.00 for property damage. Lessee shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without thirty (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protect, defend, indemnify and hold Lessor and Xxxxxx’s agents free and harmless from and against any and all damage, loss, liability or expense including reasonable attorneys’ fees and costs, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of any claim, cause of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or Lessor’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense to the extent arising out of, occasioned by or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the Lessor.

Insurance Indemnification. Xxxxxx agrees that it Section 11: Throughout the term of this Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Lease, by the underwriter for Tenant’s insurer. Tenant shall name Landlord and any mortgagee as additional insureds under said policy, In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and the surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than Three Million Dollars ($2,000,000.00 3,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI”) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant’s Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design of the said PM Construction, Inc. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessorapplicable insurance coverage.

Insurance Indemnification. Xxxxxx agrees that it Section 11: Throughout the term of this Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Lease, by the underwriter for Tenant’s insurer. Tenant shall name Landlord and any mortgagee as additional insureds under said policy, In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and the surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than Three Million Dollars ($2,000,000.00 3,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI’) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant's Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design of the said PM Construction, Inc. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessorapplicable insurance coverage.

Insurance Indemnification. Xxxxxx agrees that it will procure and maintain during the Term of this Lease14.1 LESSEE shall, at its own LESSEE’S sole cost and expense, in an insurance company or companies except to the extent prohibited by law with an AM Best rating of no less than A- VII comprehensive general liability respect to worker’s compensation insurance, including for the Lessor as an additional insuredbenefit of LESSEE, covering the Lessee against all claims, loss or liability due to bodily injury, including loss of life and property damage in, on or about the Leased PremisesLESSOR, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts not less than $2,000,000.00 for injury or death to any one person and in the aggregate amount of not less than $2,000,000.00 in Additional Insured and/or any one accident, not less than $2,000,000.00 for property damage. Lessee other additional insured as LESSOR shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation reasonably determine, maintain or otherwise and shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof cause to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without thirty maintained (30i) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company or companies with an AM Best rating of no less than A-VII coverage with a single loss limit of not less than Five Million and 00/100 Dollars ($2,000,000.00 for bodily injury and property damage with respect 5,000,000.00) per each occurrence (the “CGL”), to include commercial umbrella liability coverage, if necessary [If the CGL contains a general aggregate, it shall apply separately to the PropertyDemised Premises. In addition, Lessee The CGL shall not do be written on ISO occurrence form CG00011093 or permit to be done any act or thing upon a substitute providing equivalent coverage and shall cover liability arising from the Leased Demised Premises and other portions of the Premises which will invalidate or LESSEE has the right to use, operations, independent contractors, products-completed operations, personal injury, advertising liability, and liability under an insured contract. The commercial umbrella liability coverage shall be in conflict consistent with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other primary coverage.]; (ii) worker’s compensation insurance policies covering all persons employed in connection with the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate construction of any such Lessor insurance policy. Lessee shall comply, in improvements by LESSEE and the conduct operation of its business upon the Demised Premises; and in the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protect, defend, indemnify and hold Lessor and Xxxxxx’s agents free and harmless from and against any and all damage, loss, liability or expense including reasonable attorneys’ fees and costs, court costs and fees and costs of experts (iii) Special Form (“Lossesall risk”) suffered directly or indirectly or by reason of any claimcoverage, cause of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due toincluding, but not limited to, bodily injury standard fire and extended coverage insurance with vandalism and malicious mischief endorsements, on all personal property damage sustained of LESSEE and on all improvements and alterations made by such third party LESSEE in or about the Demised Premises or other portions of the Premises (including, without limitation, the Equipment and the Tenant Improvement Work) to the extent arising out ofof their full replacement value. If, occasioned by in the reasonable opinion of LESSOR or in any way attributable to (x) injury mortgagees or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy ground lessors of the Property or any part thereof and adjacent areas by Land and/or the Lessee, (iii) Building taking into account the acts or omissions practices of landlords of similar buildings in the area of the Lessee Building, the foregoing coverages and/or limits shall become inadequate or Xxxxxx’s agentsless than that commonly maintained by prudent tenants making similar uses in similar buildings in the area, except LESSOR shall have the right to require LESSEE to increase its insurance coverage and/or limits. All such insurance shall, to the extent caused permitted by law, name any mortgagees and ground lessors of the negligence or willful misconduct of, or breach of this Lease by, Lessor or Lessor’s agents, employees, contractors, representatives or affiliates Land and the Building and their successors and assigns (all the foregoing along with the Lessor, the “Lessor PartiesAdditional Insureds”). Xxxxxx agrees ) and LESSOR, as additional insureds and shall be written by an insurance carrier authorized to do business in the State of New Jersey and that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protectis rated at least A+ XII by A.M. Best Company, defendOldwick, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense to the extent arising out of, occasioned by or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the LessorNew Jersey.

Insurance Indemnification. Xxxxxx agrees that it Section 11: Throughout the term of this Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Lease, by the underwriter for Tenant’s insurer. Tenant shall name Landlord and any mortgagee as additional insureds under said policy. In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and the surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than $2,000,000.00 Three Million Dollars (53,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI”) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant's Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design of the said PM Construction, Inc. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessorapplicable insurance coverage.

Insurance Indemnification. Xxxxxx agrees that it Section 11: Throughout the term of this Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Lease, by the underwriter for Tenant’s insurer. Tenant shall name Landlord and any mortgagee as additional insureds under said policy, In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and the surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than Three Million Dollars ($2,000,000.00 3,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification and obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI”) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant’s Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design of the Trinity Health Group. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessorapplicable insurance coverage.

Insurance Indemnification. Xxxxxx agrees that it will procure and (a) Tenant shall maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating of no less than A- VII following insurance: (i) comprehensive general public liability insuranceinsurance in respect of the Premises and the conduct and operation of Tenant’s business therein, including the Lessor with Landlord as an additional named insured and at Landlord’s written request with the lessor or any ground or underlying lease of all or any part of the Premises as additional named insured, covering the Lessee against all claimswith limits of not less than $1,000,000 for bodily injury or death to any one person, loss $2,000,000 for bodily injury or liability due death to bodily injuryany number of persons in any one occurrence, and $1,000,000 for property damage, including loss water damage and sprinkler leakage legal liability, (if sprinklered); (ii) steam boiler, air conditioning, and machinery insurance, if applicable, protecting Landlord and Tenant, with limits of life not less than $500,000, but only if there is a boiler or pressure object or other similar equipment in the Tenant’s Premises; (iii) fire insurance with extended coverage and broad form all risk endorsement covering all of Tenant’s stock and trade, fixtures, furnishings, floor coverings, equipment, signs, and all other property damage belonging to Tenant or entrusted to Tenant or demised hereby, including installations and improvements of Tenant made in, on or about the Leased PremisesPremises in any amounts required by any lender, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts but not less than $2,000,000.00 for injury or death to any one person the full insurable replacement value of the property covered and in the aggregate amount of not out less than $2,000,000.00 the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies; (iv) business interruption insurance in an amount sufficient to meet any one accidentco-insurance requirements, not but in no event less than $2,000,000.00 the equivalent of twelve (12) month’s rent (unless Landlord provides rental insurance and bills Tenant for property damage. Lessee shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lesseeit pursuant to Tenant’s personal property located on or obligations to pay increases in Landlord’s costs of insuring the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement costbuilding, as set forth in Paragraph 23(c)). Tenant shall deliver to Landlord such fully paid for polices or certificates of insurance at least ten (10) days before the same may Commencement Date of this Lease. Tenant shall procure and pay for renewal of such insurance from time to time increase as a result of inflation or otherwise before the expiration thereof, and Tenant shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said deliver to Landlord and any additional named insured(s) such renewal policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without at least thirty (30) days prior written notice to before the Lessor. Lessee shall furnish Lessor with such evidence expiration of payment of the premiums for said insurance as Lessor may reasonably requireany existing policy. If Xxxxxx Tenant fails to procure and maintain the insurance required hereundercomply with any portion of this provision, Lessor Landlord may, but shall not be required obligated to, order such obtain insurance at Xxxxxx’s expense for Tenant and Xxxxxx keep same in effect and Tenant shall reimburse Lessorpay Landlord all costs incurred, upon demand, plus 15% for overhead/administrative expenses. Such reimbursement Landlord shall include all amounts incurred by Xxxxxxnot be liable for any damage or loss arising from the bursting, including reasonable attorneys’ fees and costsoverflowing, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost leaking of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company roof or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boilerwater, sprinkler, water damage sewer, or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring steam pipes, or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall complyfor malfunctioning heating, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements air conditioning or additions to the Leased Premises, with all rules, orders, regulations plumbing fixtures or requirements of the Boston Board of Fire Underwriters from electric wire or fixtures or arising from any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protectcause whatsoever, defend, indemnify and hold Lessor and Xxxxxx’s agents free and harmless from and against any and all damage, loss, liability or expense including reasonable attorneys’ fees and costs, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of any claim, cause of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent unless caused by the negligence Landlord’s negligent or willful misconduct of, or breach of this Lease by, Lessor or Lessor’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense to the extent arising out of, occasioned by or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the Lessormisconduct.

Insurance Indemnification. Xxxxxx (a) Tenant agrees that it will procure to defend, indemnify and/or hold and maintain save Landlord harmless at all times during the Term initial term and any renewal terms hereof from and against any and all loss, damage, cost or expense on account of this Leaseany claim for injury (including death) or damage either to person or third party property sustained by Landlord or by any other person which arises out of the use and occupancy of the Premises by Tenant (except those resulting from Landlord’s unlawful or negligent acts). In connection herewith, commencing on the Full Rent Commencement Date, Tenant at its own expense, cost and expense shall provide and keep in an insurance company or companies force with an AM Best rating of no less than A- VII comprehensive general liability insurance, including the Lessor Landlord as an additional insured, covering the Lessee a general liability policy or policies in standard form protecting Tenant and Landlord against any and all claimsliability occasioned by accident or disaster with minimum limits of $2,000,000 (per occurrence) / $5,000,000 (general aggregate), loss or liability due to bodily injury, including loss of life which amounts may be satisfied through primary and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts umbrella coverage. A renewal policy shall be secured not less than $2,000,000.00 for injury or death to any one person and in the aggregate amount of not less than $2,000,000.00 in any one accident, not less than $2,000,000.00 for property damage. Lessee shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without thirty (30) days prior written notice to the Lessorexpiration of any policy. Lessee shall furnish Lessor with such evidence Prior to the Full Rent Commencement Date and during the period of payment construction of the premiums Improvements, Landlord will carry or will cause its contractor to carry builder’s risk insurance in amounts and with carriers reasonably satisfactory to Landlord and Tenant on buildings and all improvements on the Premises and for said all Improvements constructed by Landlord, shall name Tenant as an additional insured against hazards customarily insured against by builder’s risk coverage type of insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain now contained in policies in effect in the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at state where the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance Premises are located in an insurance company or companies with an AM Best rating of no amount equal to not less than A- VII covering the full replacement cost value of all Improvements constructed by Landlord on the Premises, and to pay the premium or premiums on said insurance promptly when due. Landlord and Tenant acknowledge that proceeds from any such policy will be made payable first to any secured lender of the BuildingLandlord. Lessor Landlord shall further procure and maintain commercial general liability provide to Tenant copies of insurance in an insurance company or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing certificates upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protect, defend, indemnify and hold Lessor and Xxxxxx’s agents free and harmless from and against any and all damage, loss, liability or expense including reasonable attorneys’ fees and costs, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of any claim, cause of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or Lessor’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense to the extent arising out of, occasioned by or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the Lessorrequest.

Insurance Indemnification. Xxxxxx agrees that it will procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating of no less than A- VII comprehensive general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to bodily injury, including loss of life and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts not less than $2,000,000.00 for injury or death to any one person and in the aggregate amount of not less than $2,000,000.00 in any one accident, not less than $2,000,000.00 for property damage. Lessee CONSULTANT shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without thirty (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the types and amounts of insurance required hereunderas are set forth below. CONSULTANT shall cause OWNER to be an additional insured on CONSULTANT’s policy of commercial general liability and automobile liability insurance. : TYPE OF COVERAGE LIMITS I Worker’s Compensation State – Statutory Employer Liability $1,000,000 Per Accident $1,000,000 Disease/Each Accident $1,000,000 Disease/Policy Limit II Comprehensive or Commercial General Liability $1,000,000 Per Person Bodily Injury $1,000,000 Per Occurrence Bodily Injury $1.000,000 Property Damage $2,000,000 Policy Aggregate III Automobile Liability $1,000,000 Combined Single Limit IV Professional Liability $2,000,000 Each Claim $2,000,000 Annual Aggregate Indemnification by CONSULTANT. To the fullest extent permitted by law, Lessor mayand up to the limits of the Exclusivity of Remedies provision contained herein, but CONSULTANT shall not be required toindemnify OWNER and OWNER’s officers, order such insurance at Xxxxxx’s expense directors and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxxemployees for costs, losses, judgments, damages and expenses (including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect fees) to the Propertyextent caused by the negligent acts, errors and omissions of CONSULTANT in the performance of its professional Services hereunder. In additionany matters involving allegations of negligent performance of professional Services by CONSULTANT, Lessee CONSULTANT’s defense duties under this indemnification provision (which are expressly disclaimed) shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form include only reimbursement of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements or additions reasonable defense costs to the Leased Premisesextent incurred as a proximate result of CONSULTANT’s actual negligent performance. Indemnification by OWNER. To the fullest extent permitted by law, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee OWNER shall protect, defend, indemnify and hold Lessor harmless CONSULTANT and Xxxxxx’s agents free its officers, directors, members, partners, agents, employees, and harmless subconsultants from and against any and all damageclaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, liability or expense damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, including reasonable attorneys’ fees and costs, court costs and fees and costs the loss of experts (“Losses”) suffered directly or indirectly or by reason of any claim, cause of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due touse resulting therefrom, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except only to the extent caused by the negligence any negligent act, omission, or willful misconduct ofof OWNER or OWNER officers, or breach of this Lease bydirectors, Lessor or Lessor’s members, partners, agents, employees, contractorsconsultants, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration others retained by or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense under contract to the extent arising out of, occasioned by OWNER with respect to this Agreement or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the LessorProject.

Insurance Indemnification. Xxxxxx agrees that it Section 12: Throughout the term of this Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Lease, by the underwriter for Tenant’s insurer. Tenant shall name Landlord and any mortgagee as additional insureds under said policy, In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and the surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than Three Million Dollars ($2,000,000.00 3,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI”) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant’s Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design of the said PM Construction, Inc. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessorapplicable insurance coverage.

Insurance Indemnification. Xxxxxx agrees that it will procure and Sublessee shall maintain during the Term of this Leasehereof liability, at its own expense, in an insurance company or companies with an AM Best rating of no less than A- VII comprehensive general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to bodily injury, including loss of life and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks other insurance in such amounts and common areas appurtenant thereto, in amounts not less than $2,000,000.00 for injury or death to any one person coverages and in such form as are required of Sublessor under the aggregate amount terms of not less than $2,000,000.00 in any one accident, not less than $2,000,000.00 for property damagethe Prime Lease. Lessee All such insurance shall also maintain “All Risk” property insurance specifically name Prime Lessor and Sublessor (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement other party or alteration which Lessor is not obligated to repair, in parties as required under the full amount terms of the replacement cost, Prime Lease) as the same may from time to time increase as a result of inflation or otherwise and shall name Lessor as a loss payeeadditional insureds thereunder. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said Such insurance shall not be canceled subject to cancellation, termination or terminated change with respect to Prime Lessor, Sublessor or such other parties without thirty (30) days days' prior written notice to the Lessornotice. Lessee shall furnish Lessor with such evidence of payment A duplicate original of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunderpolicy, Lessor may, but shall not be required to, order a binder evidencing coverage thereof or a certificate of such insurance at Xxxxxx’s expense shall be delivered to each of Prime Lessor and Xxxxxx shall reimburse LessorSublessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect Sublessee agrees to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protect, defenddefend (with counsel approved by Prime Lessor and Sublessor), indemnify and hold Sublessor and Prime Lessor and Xxxxxx’s agents free and harmless from and against any and all damageclaims, losslosses and liabilities (other than claims and liabilities arising from any negligence or willful misconduct of Sublessor or its agents or employees in or about the Subleased Premises), liability arising: (i) from the conduct or expense including reasonable attorneys’ fees management of or from any work or thing whatsoever done in or about the Subleased Premises during the Term hereof; (ii) from any condition arising, and costsany injury to or death of persons, court costs damage to property or other event occurring or resulting from an occurrence in or about the Subleased Premises during the Term hereof; and fees and costs (iii) from any breach or default on the part of experts (“Losses”) suffered directly or indirectly or by reason Sublessee in the performance of any claim, cause covenant or agreement on the part of action, suit or judgment brought by or in favor of any third party (“Claims”) for damage, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party Sublessee to be performed pursuant to the extent arising out of, occasioned by terms of this Sublease or in from any way attributable to (x) injury or damage occurring upon the Leased Premises due to an negligent act or omission on the part of Lessee, Sublessee or any of its agents, employees, contractors licensees, invitees or invitees, (y) the use or occupancy of the Property or any part thereof assignees. Sublessee further agrees to indemnify Sublessor and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Prime Lessor or Lessor’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly damages, liabilities, costs and expenses, including reasonable attorneys' fees, incurred in connection with any such indemnified claim or indirectly any action or by reason of any Claim for damageproceeding brought in connection therewith. Notwithstanding anything in this Sublease to the contrary (including, loss or expense without limitation, Sections 7, 9 and 11), Sublessor agrees that it will not seek to recover consequential damages from Sublessee under this Sublease unless and then limited to the extent arising out of, occasioned by or in a third party is seeking to recover consequential damages from Sublessor and Sublessor will not enforce any way attributable judgment for such consequential damages it obtains against Sublessee except to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the Lessorextent necessary to pay consequential damages owed to a third party.

Insurance Indemnification. Xxxxxx agrees that it will procure The Parent shall cause the Director and maintain during the Term of this Lease, at its own expense, Officer Liability Insurance coverage currently maintained by Tide West to continue in an insurance company or companies with an AM Best rating of no less than A- VII comprehensive general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to bodily injury, including loss of life and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts not less than $2,000,000.00 effect for injury or death to any one person and in the aggregate amount a period of not less than $2,000,000.00 in any one accidentyear following the Effective Time. From and after the Effective Time, not less than $2,000,000.00 for property damage. Lessee Parent shall also maintain “All Risk” property insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and shall name Lessor as a loss payee. The Lessee shall deposit certificates of insurance for said policy or policies of insurance and renewals or duplicates with the Lessor, or may effect such insurance under a blanket policy covering the Leased Premises and other locations and deliver a certificate thereof to Lessor. Said policy or policies, or certificates shall contain a provision that said insurance shall not be canceled or terminated without thirty (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business and in the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Premises. Lessee shall protect, defend, indemnify and hold Lessor harmless each person who is, has been at any time prior to the date hereof, or becomes prior to the Effective Time, an officer or director of any of the Tide West Companies (collectively, the "INDEMNIFIED PARTIES") against all losses, claims, damages, liabilities, costs or expenses (including attorneys' fees), judgments and Xxxxxx’s agents free and harmless from and against any and all damage, loss, liability or expense including reasonable attorneys’ fees and costs, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of amounts paid in settlement in connection with any claim, cause of action, suit suit, proceeding or judgment brought investigation arising out of or pertaining to acts or omissions, or alleged acts or omissions, by him in his capacity as an officer or in favor director of any third party (“Claims”) for damage, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the LesseeTide West Companies, (iii) the which acts or omissions of occurred prior to the Lessee or Xxxxxx’s agentsEffective Time; provided, however, that Parent shall be under no obligation to indemnify any Indemnified Party pursuant to this Section 5.15 except to the extent caused by that such Indemnified Party was entitled to indemnification from any of the negligence Tide West Companies (pursuant to applicable law or willful misconduct ofcontract) immediately prior to the Effective Time. The procedures associated with such indemnification shall be the same as those associated with the Indemnified Parties' indemnification from any of the Tide West Companies, as the case may be, immediately prior to the Effective Time (provided, however, that Parent shall be under no obligation to deposit trust funds pursuant to any "change-in- control" or breach similar provisions). Tide West hereby agrees that, from and after the date hereof until the Effective Time, it will not (and it will cause each of TWTT and Draco not to) amend, modify or otherwise alter any contractual provision under which any Indemnified Party is entitled to indemnification from any of the Tide West Companies at the time of the execution of this Lease by, Lessor or Lessor’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”)Agreement. Xxxxxx agrees that the indemnity obligations assumed herein and in other The provisions of this Lease shall survive Section 5.15 are intended to be for the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lesseebenefit of, and Xxxxxx’s affiliates along with shall be enforceable by, the parties hereto and its each Indemnified Party and their respective employees, contractors, agents, invitees, heirs and representatives, free and harmless from and against any and all Losses suffered directly or indirectly or by reason of any Claim for damage, loss or expense to the extent arising out of, occasioned by or in any way attributable to the negligence or willful misconduct of any Lessor Party or the breach of this Lease by the Lessor.

Insurance Indemnification. Xxxxxx agrees Section 12: Throughout the term of this Agreement and Lease Tenant will maintain in effect fire, extended coverage and special perils property insurance for the full insurable replacement value of the Demised Premises, as determined, and as determined from time to time throughout the term of this Agreement and Lease, by the underwriter for Tenant’s insurer, provided that it will such insurable replacement value shall in no event be less than the final total cost of demolition and construction. Tenant shall name Landlord and any mortgagee as insureds and/or as additional insureds, as the case may be, under said policy. In case of fire, extended coverage or special perils casualty, the proceeds of such insurance shall be first applied to the repair of any damage and any surplus paid to Landlord. Tenant shall procure and maintain during the Term of this Lease, at its own expense, in an insurance company or companies with an AM Best rating Agreement and Lease a policy of no less than A- VII comprehensive commercial general liability insurance, including the Lessor as an additional insured, covering the Lessee against all claims, loss or liability due to insurance having a combined single limit for bodily injury, including loss of life injury and property damage in, on or about the Leased Premises, and the approaches, exit ways, sidewalks and common areas appurtenant thereto, in amounts of not less than Three Million Dollars ($2,000,000.00 3,000,000.00), covering “occurrences” arising from or related to the use and occupancy of the Demised Premises by Tenant and its patients, employees, agents, contractors, guests and invitees, further insuring Tenant’s indemnification obligation hereunder, and naming Landlord and any mortgagee as additional insureds. At the end of each five (5) year period or term of this Agreement and Lease, as the case may be, Tenant shall increase the amounts of such coverages of such liability insurance for injury the ensuing five (5) year period or death term of this Agreement and Lease, by an amount equal to any one person and the aggregate percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumer, U.S. City Average, or any successor index (“CPI”) over the immediately preceding five (5) year period. Provided, that in the event an aggregate percentage decrease occurs in the CPI during any such immediately preceding five (5) year period, no adjustment in said coverage amounts shall be made and the amounts of such coverages in effect during such immediately preceding five (5) year period shall remain in effect during the ensuing five (5) year period or term. Further provided, however, that the requirement of such coverage and the limits thereof as herein provided, do not limit or define Tenant’s obligation to indemnify Landlord hereunder nor limit the extent or amount of such obligation. In addition, Tenant shall maintain Professional Liability Insurance with respect to its operations on the Demised Premises, with such insurance covering Tenant for all services rendered on the Premises. Tenant’s Professional Liability Insurance shall provide for limits of not less than $2,000,000.00 1,000,000 per occurrence and $3,000,000 in any one accidentthe aggregate, not less than $2,000,000.00 for property damageper policy year. Lessee Tenant shall also maintain “All Risk” property Fire Legal Liability insurance (including vandalism, malicious mischief, inflation and sprinkler leakage endorsement) on Lessee’s personal property located on or in the Leased Premises together with any improvement or alteration which Lessor is not obligated to repair, in the full amount of $100,000. If and as permitted by the replacement cost, as the same may from time to time increase as a result of inflation or otherwise and carriers for such coverages Tenant shall name Lessor Landlord and any mortgagee as additional insureds under said policies. Tenant shall furnish to Landlord upon request a loss payee. The Lessee shall deposit certificates certificate of insurance for said issued by the insurance carrier of each of the aforesaid policies of insurance. In the event Landlord obtains and carries income protection coverage pursuant to any policy or policies it maintains pertaining to the Demised Premises, Tenant shall reimburse Landlord the premium for such coverage, payable in monthly installments to be paid with Tenant’s payments of Base Rent, the charges for which shall be budgeted, assessed and billed in advance annually by Landlord and shall be subject to an annual adjustment based upon the actual costs thereof for each fiscal year ending December 31. Additionally, Tenant shall reimburse Landlord a lump sum amount for any increase in the actual costs over the amount billed by Landlord therefor, and Landlord shall refund to Tenant the amount of any decrease in the actual costs below such billed amount, at the end of each fiscal year ending December 31 for which such costs were budgeted, assessed and billed. Tenant shall also be liable and responsible for any and all other insurance required for or by its use of and renewals operation in and upon the Demised Premises, and Tenant may also carry insurance on the contents of the Demised Premises as it may desire. Landlord shall indemnify, protect, defend and hold Tenant harmless from and against all liability, cost, expense, or duplicates damage (including, without limitation, attorneys fees) for bodily injury or property damage arising from: (i) the demolition of the Current Structures and construction of the Demised Premises by Landlord, its contractors, agents or employees; or (ii) any defects in construction by Landlord, its contractors, agents or employees, or (iii) any failure by Landlord, its contractors, agents or employees to properly construct the Demised Premises in accordance with the Lessorapproved project design, plans and specifications. Tenant’s review and approval of any plans, specifications, or may any other documents shall not relieve Landlord from Landlord’s obligations under the foregoing indemnification provision. Landlord shall procure and keep in effect such from the execution date of this Agreement and Lease until the completion of the Demised Premises, a Commercial General Liability insurance policy in the amount of Three Million Dollars ($3,000,000.00) per occurrence, insuring all of Landlord’s activities with respect to the Demised Premises, and a Builder’s Risk Insurance policy insuring the Demised Premises for the full replacement cost of the Demised Premises until completion. Landlord shall name Tenant as an additional insured under a blanket the Builder’s Risk Insurance policy covering the Leased Premises and other locations and deliver provide Tenant a certificate thereof to Lessorof such coverage upon request. Said policy or policiesNotwithstanding the foregoing provision, or certificates Tenant shall contain a provision that said insurance shall not be canceled or terminated without thirty indemnify, defend, and hold Landlord harmless from any and all claims and damages (30) days prior written notice to the Lessor. Lessee shall furnish Lessor with such evidence of payment of the premiums for said insurance as Lessor may reasonably require. If Xxxxxx fails to procure and maintain the insurance required hereunder, Lessor may, but shall not be required to, order such insurance at Xxxxxx’s expense and Xxxxxx shall reimburse Lessor. Such reimbursement shall include all amounts incurred by Xxxxxx, including reasonable attorneys’ fees and costs, court costs and fees and costs of experts, with interest thereon at the Interest Rate (as defined in Article 26 below). Lessor shall maintain all risk property and, if applicable, sprinkler damage insurance in an insurance company or companies with an AM Best rating of no less than A- VII covering the full replacement cost ) arising from Tenant’s occupancy and/or use of the Building. Lessor shall further procure and maintain commercial general liability insurance in an insurance company Demised Premises or companies with an AM Best rating of no less than A-VII with a single loss limit of not less than $2,000,000.00 for bodily injury and property damage with respect to the Property. In addition, Lessee shall not do or permit to be done any act or thing upon the Leased Premises which will invalidate or be in conflict with the Massachusetts standard form of fire, boiler, sprinkler, water damage or other insurance policies covering the Building and other than as permitted in Article 10 above will not bring or keep anything else on the Leased Premises which shall increase the rate of any such Lessor insurance policy. Lessee shall comply, in the conduct of its business or from any activity, work, or thing done, permitted, or suffered by Tenant, in or about the Demised Premises or the access ways to and in from the installation of any repairs, alterations, installations, improvements or additions to the Leased Premises, with all rules, orders, regulations or requirements of the Boston Board of Fire Underwriters or any other body having a similar function and exercising jurisdiction over the Leased Demised Premises. Lessee Tenant shall protectfurther indemnify, defend, indemnify and hold Lessor and Xxxxxx’s agents free and Landlord harmless from and against any and all damage, loss, liability or expense claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Agreement and Lease, court costs and fees and costs of experts (“Losses”) suffered directly or indirectly or by reason of arising from any claimact, cause of actionnegligence, suit or judgment brought by or in favor of any third party (“Claims”) for damagefault, loss or expense due to, but not limited to, bodily injury and property damage sustained by such third party to the extent arising out of, occasioned by or in any way attributable to (x) injury or damage occurring upon the Leased Premises due to an act or omission of Lessee, its agents, employees, contractors Tenant or invitees, (y) the use or occupancy of the Property or any part thereof and adjacent areas by the Lessee, (iii) the acts or omissions of the Lessee or Xxxxxx’s agents, except to the extent caused by the negligence or willful misconduct of, or breach of this Lease by, Lessor or LessorTenant’s agents, employees, contractors, representatives or affiliates (all the foregoing along with the Lessor, the “Lessor Parties”). Xxxxxx agrees that the indemnity obligations assumed herein and in other provisions of this Lease shall survive the expiration or earlier termination of the Term of this Lease. Lessor shall protect, defend, indemnify and hold Lessee, and Xxxxxx’s affiliates along with and its and their respective employees, contractors, agents, invitees, and representatives, free and harmless from and against any and all Losses suffered directly costs, reasonable attorneys’ fees, expenses, and liabilities incurred on or indirectly about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Landlord by reason of any Claim for damagesuch claim, loss or Tenant, on notice from Landlord, shall defend Landlord at Tenant’s expense by counsel approved in writing by Landlord, to the extent arising out of, occasioned by or in the event such defense is not provided by applicable insurance coverage. Landlord shall indemnify, defend, and hold Tenant harmless from any way attributable and all claims and damages (including reasonable attorneys’ fees and costs) arising from any breach or default in the terms of this Agreement and Lease, or arising from any act, negligence, fault, or omission of Landlord or Landlord’s agents, employees or contractors, and from and against any and all costs, reasonable attorneys’ fees, expenses and liabilities incurred on or about such claim or any action or proceeding brought on such claim. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, on notice from Tenant, shall defend Tenant at Landlord’s expense by counsel approved in writing by Tenant, to the negligence extent or willful misconduct of any Lessor Party or in the breach of this Lease event such defense is not provided by the Lessor.applicable insurance coverage. DAMAGE OR DESTRUCTION OF BUILDING