Common use of Insurance; Waiver of Subrogation Clause in Contracts

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain and maintain fire and casualty insurance on the Premises during the term of the Lease in the amount equal to the amounts maintained on the date hereof, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees. 5.02. Tenant shall procure and maintain throughout the term of this lease a policy of insurance, at its sole cost and expense, insuring Tenant, Landlord, and all other persons designated by Landlord against any and all liability for injury to or death of a person, or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the use and occupancy of the Premises, or by the condition of the Premises, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenant. 5.03. Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability or obligations to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises. 5.04. The insurance policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies authorized to do business in the State of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained with respect to the Premises, respectively, to contain provisions that the insurance shall not be invalidated by each releasing the other of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in force, Landlord and Tenant shall each be deemed to have released the other for damage normally covered by such insurance.

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain LESSOR agrees to keep the Building (and maintain fire LESSEE agrees to keep all LESSEE's equipment, machinery and casualty insurance on the Premises during the term of the Lease fixtures therein) insured in the amount amounts equal to the amounts maintained on replacement cost of the date hereofsame, naming Landlord against fire and Tenant as insureds thereunder as their respective interest may appearother perils included in a standard extended coverage endorsement, and also naming all lienholders as mortgagees. 5.02. Tenant shall against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and maintain throughout the term of this lease a policy of insurance, at its sole cost keep in force comprehensive 14 general liability insurance indemnifying LESSEE against all claims and expense, insuring Tenant, Landlord, and all other persons designated by Landlord against damages for any and all liability for injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this lease or as a matter of law, in amounts not less than $500,000 for property damage, $500,000 for injury or death of one person, and $1,000,000 for injury or personsdeath of more than one person in a single accident. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance, shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be canceled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and for damage (B) any proceeds shall be first payable to LESSOR or destruction to holder of property occasioned by or arising out of or in connection with any mortgage encumbering the use and occupancy Leased Premises, as their respective interests may appear. As of the Premises, or by the condition commencement of the PremisesTerm hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenant. 5.03. Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability or obligations to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises. 5.04. The insurance policy or original policies to be provided obtained by Tenant hereunder LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be issued delivered to LESSOR. Any insurance carried by an insurance company or companies authorized to do business in the State of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained either party with respect to the Premises, respectively, Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to contain provisions that the insurance shall not be invalidated by each releasing insurer rights 15 of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of liability if such a provision is obtainable without injury or loss. Each party, notwithstanding any additional premium therefor or if such provision is obtainable with an additional premium therefor and provisions of this Lease to the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in forcecontrary, Landlord and Tenant shall each be deemed to have released hereby waives any rights of recovery against the other for damage normally injury of loss due to hazards covered by such insuranceinsurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain LESSOR agrees to keep the Building --------------------------------- and maintain fire LESSEE agrees to keep the Leased Premises, and casualty insurance on the Premises during the term of the Lease all equipment, machinery and fixtures therein insured in the amount amounts equal to the amounts maintained on actual cash value of the date hereofsame, naming Landlord against fire and Tenant as insureds thereunder as their respective interest may appearother perils included in a standard extended coverage endorsement, and also naming all lienholders as mortgagees. 5.02. Tenant shall against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and maintain throughout the term of this lease a policy of insurance, at its sole cost keep in force comprehensive general liability insurance indemnifying LESSOR against all claims and expense, insuring Tenant, Landlord, and all other persons designated by Landlord against damages for any and all liability for injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than One Million Dollars ($1,000,000) for property damage, Five Hundred Thousand Dollars ($500,000) for injury or death of one person, and One Million Dollars ($1,000,000) for injury or personsdeath of more than one person in a single accident. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance, shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (a) it shall not be cancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and for damage (b) any proceeds shall be first payable to LESSOR or destruction to the holder of property occasioned by or arising out of or in connection with any mortgage encumbering the use and occupancy Leased Premises, as their respective interests may appear. As of the Premises, or by the condition commencement of the PremisesTerm hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenant. 5.03. Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability or obligations to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises. 5.04. The insurance policy or original policies to be provided obtained by Tenant hereunder LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be issued delivered to LESSOR. Any insurance carried by an insurance company or companies authorized to do business in the State of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained either party with respect to the Premises, respectively, Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to contain provisions that the insurance shall not be invalidated by each releasing insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of liability if such a provision is obtainable without injury or loss. Each party, notwithstanding any additional premium therefor or if such provision is obtainable with an additional premium therefor and provisions of this Lease to the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in forcecontrary, Landlord and Tenant shall each be deemed to have released hereby waives any rights of recovery against the other for damage normally injury of loss due to hazards covered by such insuranceinsurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain and maintain fire and casualty insurance on the Premises during the term of the Lease in the amount equal to the amounts maintained on the date hereof, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees. 5.02. 15.01 Tenant shall procure and maintain throughout the term of this lease a policy of insurance, at its sole own cost policies of commercial general public liability and expense, insuring Tenant, Landlord, property damage insurance with contractual liability coverage for the agreements of indemnity provided for under this Lease and all other persons designated a broad form general liability endorsement to afford protection with such limits as may be reasonably requested by Landlord against any from time to time (which as of the date hereof shall be not less than $1,000,000 under a combined single limit of coverage) insuring Landlord and its respective agents, partners, officers, servants and employees and Tenant from all liability claims, demands or action for injury to or death of a person, any person or persons, persons and for damage to property made by, or destruction of property occasioned by on behalf of, any person or persons, firm or corporation, arising out of from, related to or in connection connected with the use Premises. The insurance shall be issued by companies and occupancy be in form and substance satisfactory to Landlord and any Mortgagee of the Building and shall, if requested by Landlord or any Mortgagee, include any Mortgagee and its respective agents and employees as additional insureds. The aforesaid insurance policies shall provide that they shall not be subject to cancellation except after at least thirty (30) days' prior written notice to Landlord and all such Mortgagees (unless such cancellation is due to non-payment of premiums, in which event ten (10) days' prior written notice shall be required). The original insurance policies (or certificates thereof satisfactory to Landlord), together with satisfactory evidence of payment of the premium thereon, shall be deposited with Landlord prior to the commencement of the Term and renewals thereof not less than thirty (30) days prior to the end of the term of each such coverage. 15.02 Tenant shall carry insurance of the type typically referred to as "all risk" insurance, including water damage, insuring its interest in the tenant improvements in the Premises (to the extent not covered by Landlord's property insurance) and its interest in all its personal property and trade fixtures located on or within the Building, without limitation, its office furniture, equipment and supplies. 15.03 Notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant each hereby waive all rights of action against the other for loss or damage to the Premises, or the Building and property of Landlord and Tenant in the Building, which loss or damage is insured or is required pursuant to this Lease to be insured by valid and collectible insurance policies to the extent of the proceeds collected or collectible under such insurance policies, subject to the condition that this waiver shall be effective only when the waiver is permitted by such insurance policies or when, by the condition use of good faith effort, such waiver could have been permitted in the Premises, the limits applicable insurance policies. The policies of such policy or policies shall insurance required to be equal to the amounts currently maintained by TenantTenant under the terms of this Lease shall contain waiver of subrogation clauses in form and content satisfactory to Landlord. 5.03. 15.04 Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability not conduct or obligations permit to Tenant, be conducted by its employees, agents, customersguests or invitees any activity, contractors or place any equipment in or about the Premises or the Building that will in any way increase the cost of fire insurance or other third party for insurance on the contents Building. If any increase in the cost of the Premises. 5.04. The fire insurance policy or policies to be provided other insurance is stated by Tenant hereunder shall be issued by an any insurance company or companies authorized to do business in by the State of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interestapplicable Insurance Rating Bureau, if any, to be due to any activity or equipment of Tenant in or about the Premises or the Building, such statement shall be conclusive evidence that the increase in such cost is due to such activity or equipment and, as provided in Section 2. 5.06a result thereof, Tenant shall be liable for the amount of such increase. Tenant shall reimburse Landlord for such amount upon written demand from Landlord and Tenant any such sums shall each cause be considered additional Rental payable hereunder. Tenant, at its sole expense, shall comply with any and all policies requirements of any insurance maintained with respect to organization or company necessary for the Premises, respectively, to contain provisions that maintenance of reasonable fire and public liability insurance covering the insurance shall not be invalidated by each releasing the other of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor Premises and the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in force, Landlord and Tenant shall each be deemed to have released the other for damage normally covered by such insuranceBuilding.

Insurance; Waiver of Subrogation. 5.01. 14.01 Tenant will obtain and maintain fire and casualty insurance on the Premises during the term of the Lease in the amount equal to the amounts maintained on the date hereof, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees. 5.02. Tenant shall procure and maintain throughout the term of this lease a policy of insuranceshall, at its sole cost and expense, insuring Tenantobtain, Landlordmaintain and keep in force throughout the Term, and all other persons designated by Landlord against any and all liability for injury to or death of a person, or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the use and occupancy of the Premises, or by the condition of the Premises, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenant. 5.03. Tenant shall insure the contents of the Premises. Landlord shall not, except in the event of his gross negligence, have any liability or obligations to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises. 5.04. The insurance policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies insurers that are authorized to do business in the State of Georgia. At Landlord's requestDelaware and are rated at least A- (Class X) in Best’s Key Rating Guide or any successor thereto, certificates insurance for (a) all of Tenant’s property in the Premises, (b) commercial general liability insurance with minimum limits of $2,000,000 combined single limit/$2,000,000 aggregate, with per occurrence limits of $1,000,000 for personal injury, or such commercially reasonable amounts as Landlord may prudently require from time to time; provided, however, that Landlord shall not have the right to request greater limits or amounts of insurance evidencing more frequently than once every forty-eight (48) months and (c) worker’s compensation insurance in the amount of the statutory limit and Employer’s Liability insurance in the amount of $100,000 each accident, $100,000 Constant Dollars each employee for bodily injury by disease, and $500,000 Constant Dollars policy limit for bodily injury by disease, which policy shall include a waiver of subrogation in favor of the Landlord parties in Section 15.01(a). No “alternative” forms of coverage will be delivered by Tenant to permitted for workers’ compensation insurance. Tenant’s commercial general liability insurance policy shall name the Landlord prior to and the Management Company as additional insureds during the Term. At or before the Commencement Date, together and upon any material change in coverage, Tenant shall provide Landlord with receiptscertificates evidencing such insurance coverage and naming Landlord and the Management Company as additional insureds under such liability policies. Tenant’s certificate will provide that, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or should any of the insurance required by this Sectionpolicies be cancelled before the expiration date thereof, or subsequently fails to maintain such insurance notice will be delivered in accordance with the requirements policy provisions. The above provisions notwithstanding, Tenant shall be entitled to self insure Tenant’s personal property. 14.02 Whenever Tenant shall undertake any alterations, additions or improvements to the Premises, the Tenant shall ensure that the aforesaid insurance coverage extends to and includes liability for injuries to persons and damage to property arising in connection with such work, including, without limitation, liability under any applicable laws, statutes or regulations. 14.03 Landlord shall obtain, maintain and keep in force, throughout the Term, with insurers that are authorized to do business in the State of Delaware and are rated at least A- (Class X) in Best’s Key Rating Guide or any successor thereto, the following insurance during the Term of this SectionLease: (a) Replacement cost insurance including special form causes of loss (“All Risk”) property insurance covering the Building and the other insurable improvements in the Premises at the full replacement value of the Building and such improvements including the Work and all fixtures, equipment, machinery and apparatus which constitute a permanent part of the Improvements, subject only to a commercially reasonable deductible. Such policy shall also include coverage for debris removal and the enforcement of any legal requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. Such policy shall include, or be endorsed to include, loss of rental income coverage in an amount equal to 100% of the Minimum Monthly Rent for not more than a twelve (12) month period. (b) Commercial general liability insurance on an occurrence basis with a combined single limit for bodily injury/property damage of $2,000,000 in the aggregate, including contractual liability coverages to insure liability under any contract whereby Landlord will hold harmless the Tenant pursuant to Landlord’s indemnities under this Lease. Such policy shall have no deletion of the Separation of Insured’s Clause or any exclusion for Cross Liability. (c) If and to the extent Landlord has any employees for whom it is required by law to carry worker’s compensation insurance, Worker’s Compensation coverage in the amount of the statutory limit and Employer’s Liability insurance in the amount of $100,000 each accident, $100,000 Constant Dollars each employee for bodily injury by disease, and $500,000 Constant Dollars policy limit for bodily injury by disease, which policy shall include a waiver of subrogation in favor of the Tenant parties in Section 15.01(b). No “alternative” forms of coverage will be permitted for workers’ compensation insurance. (d) For the period commencing on the date of this Lease and ending on the date Landlord maintains the insurance required pursuant to Section 14.03, Landlord may (but will not be required to)shall maintain in effect Special Form, and without waiving or releasing Tenant from any of Tenant's obligationsCompleted Value, procure or renew such insurance, and any amounts paid by Landlord for such Non-Reporting Form builder’s risk insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained with respect to the PremisesBuilding in an amount equal to the initial contract sum of the Work, respectivelyplus the value of subsequent contract modifications and cost of materials supplied or installed by others, to contain provisions comprising the total value of the entire Premises that is the subject of such construction work, on a replacement cost basis without optional deductibles. Such property insurance shall not also cover portions of the work stored off the site and portions of the work in transit. Such insurance shall be invalidated by each releasing include at least the interests of Landlord, Tenant, Landlord’s contractor, subcontractors and sub-subcontractors and include Loss of Use insurance due to a covered loss, including as separate coverages Loss of Rental Income, Delay in Startup, and Soft Costs (with a minimum sublimit (as to Soft Costs) of Five Million Dollars ($5,000,000.00)), and also including Leasehold Interest Coverage in favor of Tenant subject to a minimum limit of Fifteen Million Dollars ($15,000,000.00). The period of indemnity for this Loss of Use should be, at a minimum, the length of the original construction period of the Work. Such policy shall permit partial occupancy as construction progresses. (e) Such other of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects insurance coverage as Landlord determines to pay and does pay such additional premium. If such provision is contained in such policies and is in force, Landlord and Tenant shall each be deemed to have released the other for damage normally covered by such insurancecommercially reasonable.

Insurance; Waiver of Subrogation. 5.01Landlord shall maintain property damage insurance covering the Building through the N.C. League of Municipalities. Tenant will obtain and maintain fire and casualty insurance on the Premises during Throughout the term of the Lease in the amount equal to the amounts maintained on the date hereoflease, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees. 5.02. Tenant shall procure and maintain throughout the term of this lease a policy of insurance, at its sole cost and expenseexpense shall keep for the mutual benefit of Landlord and Tenant (with appropriate cross-liability endorsements so showing) public liability and contents property damage insurance with combined single limited coverage of at least $1.0 million, insuring which policies insure against all liability of Tenant, LandlordTenant's authorized representatives, and all other persons designated by Landlord against any and all liability anyone for injury to or death of a person, or persons, and for damage to or destruction of property occasioned by or whom Tenant is responsible arising out of or in connection with the Tenant's use and occupancy of the Leased Premises, or by the condition of the Premises, the limits of . All such policy or policies shall be equal non-accessible and shall contain language, to the amounts currently maintained by Tenant. 5.03. extent obtainable, without payment of a premium over that chargeable without such language, that (a) any loss shall be payable notwithstanding any act or negligence of Landlord or Tenant shall insure the contents that might otherwise result in forfeiture of the Premisesinsurance, (b) that the policies are primary and non-contributing with any insurance that Landlord may carry, and (c) that they cannot be cancelled or changed except after 10 days' notice to Landlord. Anything in this lease to the contrary notwithstanding, to the extent covered by insurance, Landlord shall not, except in the event of his gross negligence, have any liability or obligations to releases and waives unto Tenant, its employeessuccessors and assigns, agentsand Tenant releases and waives unto its Landlord, customersits successors and assigns, contractors all rights to claim damages for any injury, loss, cost, or damage to persons or to the Leased Premises which is occasioned by fire, explosion, accident, occurrence or condition in, on or about the Leased Premises or any other third party for casualty, if, and only if, the contents amount of which injury, loss, cost or damage has been paid either to Landlord, Tenant, or other damaged person, firm, or corporation, under the Premises. 5.04. The insurance terms of any existing, prior, extended coverage, public liability, or other policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies authorized to do business in the State of Georgia. At Landlord's requestinsurance, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05extent such releases or waivers are permitted under applicable law. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all All policies of insurance carried or maintained with respect pursuant to the Premises, respectively, this lease shall contain or be endorsed to contain a provision whereby the insurer waives all rights of subrogation against either Tenant or Landlord provided that such a provision shall be obtainable. If insurance policies with such waiver of subrogation provisions that the insurance shall not be invalidated by each releasing obtainable or shall be obtainable only at a premium over that chargeable without such waiver, the other of liability if party seeking such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects to pay and does policy shall pay such additional premium. If such any provision is relating to a waiver of subrogation contained in such policies and is in forceherein shall contravene any present of future law with respect to exculpatory agreements, Landlord and Tenant the liability of the party affected shall each be deemed not released but shall be secondary to have released the other for damage normally covered by such insuranceother's insurer.

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain and a. Landlord shall maintain such fire and casualty extended coverage insurance on the Premises as is commercially reasonable and industry standard, or is required by its lender, along with liability and "loss of rents" insurance. Beginning with the Rent Commencement Date, and for each lease year during the term hereof, Tenant shall pay the premiums ("Premiums") for such insurance coverage; provided, Landlord shall pay the portion of the Premiums applicable to all periods prior or subsequent to the term hereof. The Premiums for the first and final lease years shall be prorated so that Tenant shall only pay the portion of such Premiums which are applicable to the term of this Lease. b. Tenant shall maintain in force, for the benefit of Landlord and Tenant, during the term of this Lease, an all-risks property and casualty policy insuring the Lease contents (including, without limitation, inventory, personalty, trade fixtures, vehicles, and equipment) located in the amount equal to Premises. Tenant shall also maintain in force, for the amounts maintained on the date hereof, naming benefit of Landlord and Tenant as insureds thereunder as their respective interest may appearduring the term hereof, a public liability and property damage insurance policy to afford protection of not less than $2,000,000 for injury or death, $2,000,000 for any one accident, and also naming all lienholders $4,000,000 for property damage, and shall designate Landlord as mortgagees. 5.02an additional insured. Tenant shall procure and maintain throughout the term of this lease a policy of insurance, at its sole cost and expense, insuring Tenant, agrees to deliver to Landlord, and all other persons designated by Landlord against prior to the date Tenant or any and all liability for injury to or death of a person, or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the use and occupancy of contractor on its behalf enters the Premises, a Certificate of Insurance with a twenty-day notice of cancellation, material modification or by the condition of the Premises, the limits of such policy or policies shall be equal failure to the amounts currently maintained by Tenant. 5.03. renew benefiting Landlord and Tenant shall insure the contents thereafter provide Landlord a Certificate of the Premises. Insurance at any time requested by Landlord shall not, except in the event of his gross negligence, have any liability or obligations from time to Tenant, its employees, agents, customers, contractors or any other third party for the contents of the Premises. 5.04time. The insurance policy or policies required pursuant to be provided by Tenant hereunder this subparagraph shall be issued by from an insurance company or companies authorized to do business in the State of Georgia. At Kansas and have a policy holder's rating of no less than "A" in the most current edition of Best's Insurance Reports; provided if Landlord's requestlender will accept less than an "A" rating, certificates Tenant shall be permitted to obtain coverage from an insurance company with a lower rating acceptable to such lender. c. Each of the parties hereto does hereby release the other party from all liability for damage due to any act or neglect of the other party (except as hereafter provided) occasioned to property owned by said parties which is or might be incident to or the result of a fire or any other casualty against loss from which either of the parties is now carrying or hereafter may carry insurance; provided, however, that the releases herein contained shall not apply to any loss or damage occasioned by the grossly negligent and willful acts of either of the parties. The parties further covenant that any insurance evidencing obtained on their respective properties shall contain an appropriate provision whereby the insurance coverage will be delivered by Tenant to Landlord prior company or companies consents to the Commencement Date, together with receipts, evidence and payment of the premiums therefor. 5.05. If Tenant fails to provide all or any of the insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interest, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained with respect to the Premises, respectively, to contain provisions that the insurance shall not be invalidated by each releasing the other mutual release of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in force, Landlord and Tenant shall each be deemed to have released the other for damage normally covered by such insurancethis paragraph.

Insurance; Waiver of Subrogation. 5.01. Tenant will obtain and maintain fire and casualty insurance on the Premises during the term of the Lease in the amount equal to the amounts maintained on the date hereof, naming Landlord and Tenant as insureds thereunder as their respective interest may appear, and also naming all lienholders as mortgagees. 5.02. Tenant shall procure and maintain throughout the term of this lease a policy of insurance(a) Lessee, at its sole cost and expenseexpense shall provide and maintain, insuring Tenantduring the Term of this Ground Lease and any Renewal Terms, Landlordcommercial general liability insurance with combined single limit coverage of One Million Dollars ($1,000,000). Lessee shall name Lessor as an additional insured on Lessee's insurance policy and provide Lessor, and all other persons designated by Landlord against any and all liability for injury to or death of a personat its request, or persons, and for damage to or destruction of property occasioned by or arising out of or in connection with the use and occupancy of the Premises, or by the condition of the Premises, the limits of such policy or policies shall be equal to the amounts currently maintained by Tenantan insurance certificate. 5.03. Tenant shall insure (b) Lessor and Lessee each hereby waive any rights it may have against the contents of the Premises. Landlord shall not, except other (in the event the other party is insured and including, but not limited to, a direct action for damages) on account of his gross negligenceany loss or damage occasioned to Lessor or Lessee, as the case may be (EVEN IF (A) SUCH LOSS OR DAMAGE IS CAUSED BY THE FAULT, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT, ACTS OR OMISSIONS [EXCLUDING GROSS NEGLIGENCE AND WILLFUL MISCONDUCT] OF THE RELEASED PARTY OR THE RELEASED PARTY'S DIRECTORS, EMPLOYEES, AGENTS OR INVITEES AND/OR (B) THE RELEASED PARTY IS STRICTLY LIABLE FOR SUCH LOSS OR DAMAGE), to their respective property, the Property or the Site Compound arising from any risk (without regard to the amount of coverage or the amount of deductible) covered by the waiving party's insurance which is in effect at the time of the loss or damage. Without in any way limiting the foregoing waivers and to the extent permitted by applicable law, the parties hereto, each on behalf of their respective insurance companies insuring the property of either Lessor or Lessee against any such loss, waive any right of subrogation that Lessor or Lessee or their respective insurers may have any liability against the other party or obligations to Tenanttheir respective officers, its directors, employees, agents, customersUsers, contractors or any other third party for the contents invitees and all rights of the Premises. 5.04their respective insurance companies based upon an assignment from its insured. The insurance policy or policies to be provided by Tenant hereunder shall be issued by an insurance company or companies authorized to do business in the State Within thirty (30) days of Georgia. At Landlord's request, certificates of insurance evidencing the insurance coverage will be delivered by Tenant to Landlord prior to the Commencement Date, together with receipts, evidence Lessor and payment Lessee each agree to give their respective insurer written notification of the premiums therefor. 5.05. If Tenant fails to provide all or any terms of the mutual waivers contained in this section and to have said insurance required by this Section, or subsequently fails to maintain such insurance in accordance with the requirements of this Section, Landlord may (but will not be required to), and without waiving or releasing Tenant from any of Tenant's obligations, procure or renew such insurance, and any amounts paid by Landlord for such insurance will be additional rental due and payable on or before the next rental date, together with late charges and interestpolicies properly endorsed, if any, as provided in Section 2. 5.06. Landlord and Tenant shall each cause all policies of insurance maintained with respect to the Premises, respectivelynecessary, to contain provisions that prevent the invalidation of said insurance shall not be invalidated coverage by each releasing the other reason of liability if such a provision is obtainable without any additional premium therefor or if such provision is obtainable with an additional premium therefor and the released party elects to pay and does pay such additional premium. If such provision is contained in such policies and is in force, Landlord and Tenant shall each be deemed to have released the other for damage normally covered by such insurancesaid waivers.