Common use of Landlord’s Insurance Obligations Clause in Contracts

Landlord’s Insurance Obligations. Subject to the preceding sentence, Landlord will at all times during the Term maintain property insurance on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord deems necessary or appropriate. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender and some or all of the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s policy or policies of property insurance will permit releases of liability and will provide for waiver of subrogation as provided in this Section. Premiums for property insurance, but not liability insurance, paid by Landlord shall be included in Operating Expenses and Tenant shall pay Tenant’s Share thereof.

Landlord’s Insurance Obligations. Subject to During the preceding sentenceTerm of this Lease, Landlord will at all times during the Term maintain shall carry hazard and property insurance coverage on the Buildings Building, all parking lots, loading areas and all other improvements on the land upon which the Building is situated, the Initial Improvements, the Roof Improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy any Alterations expressly approved by Landlord pursuant to Section 6.6 above in an amount equal to the full replacement cost thereof and rent loss insurance for a period and amount of not less than twelve (12) months of rent and not more than eighteen (18) months of rent. Landlord shall not be obligated in any way or manner to insure any of Tenant’s Personal Property (as defined below) upon or within the full insurable replacement costPremises. Landlord may maintain also carry such other insurance coverage of the type and in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord reasonably deems necessary or appropriate. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender prudent and some or all of the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) is customary in the event of Comparable Market. Notwithstanding the foregoing, any such claim. Landlord’s insurance carried or required to be carried by Landlord relative to the Building may be maintained under a blanket policy or policies of insurance covering the Building and other properties owned by Landlord or its affiliates, and all premiums paid by Landlord, or its property manager, for such insurance, to the extent properly allocable to the Building, and the cost of repairs not covered under such insurance will permit releases due to deductible provisions (which deductible shall in no event exceed $50,000), shall be deemed Additional Rent hereunder and shall be due and payable by Tenant to Landlord within thirty (30) days after Landlord’s delivery of liability an invoice to Tenant. Tenant shall have no right in or claim to the proceeds of any policy of insurance maintained by Landlord under this Lease even if the cost of such insurance is borne by Tenant. If an increase in any insurance premiums paid by Landlord relative to the Building is caused by Tenant’s use of the Premises, then Tenant shall pay the amount of such increase as Additional Rent to Landlord. If Tenant is not in default beyond any applicable notice and will provide for waiver cure period in performance of subrogation any of the obligations under this Lease, Tenant at its sole cost and expense, upon prior written notice and during regular business hours at a time and place reasonably acceptable to Landlord which may be in the location where Landlord or Property Manager, if applicable, maintains the applicable Building insurance records, may cause a certified public accountant reasonably acceptable to Landlord to audit Landlord’s records relating to Landlord’s Insurance Obligations as provided in this Section. Premiums for property insurance, but not liability insurance, paid by Landlord shall be included in Operating Expenses and Tenant shall pay Tenant’s Share thereofSection 7.1.

Landlord’s Insurance Obligations. Subject to the preceding sentenceLandlord shall purchase and keep in force a policy or policies of liability, Landlord will at all times during the Term maintain property insurance on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, fire and property damage occurring at insurance, including provisions allowing the Property payment of deductibles (which shall be payable by Tenant pursuant to Subparagraph 4(c)) and pre-payment for coverage up to one year, covering loss or damage to the Premises (including the Tenant Improvements) and Common Area in such amounts as Landlord deems necessary the amount of the full replacement value thereof, insuring direct physical loss or appropriate. Such liability damage included within the “special form” classification of coverage and flood and earthquake insurance, if available, plus a policy of rental income insurance will protect only Landlord in the amount of eighteen (18) months Base Rent and Additional Charges and, at Landlord’s optionelection pursuant to Subparagraph 12(c)(i) [Commercial General Liability Insurance), LandlordCommercial General Liability insurance for the Common Area. At Tenant’s lender and some request, Landlord shall include any specific Alterations made in accordance with this Lease in such policies, provided that Tenant provides Landlord with all information reasonably required by Landlord or all its insurer in connection with such Alterations. In addition, during the course of construction of the Base Building Improvements and Tenant Improvements, Landlord Partiesshall purchase and keep in force Comprehensive Builder’s Risk/Course of Construction insurance, and does not replace or supplement with the liability insurance this Lease obligates same requirements as policies described above but with appropriate adjustments to reflect that the Project is under construction. Tenant shall pay to carry. To Landlord the extent not prohibited by the Laws, Landlord, on behalf cost of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s policy or policies of property insurance will permit releases pursuant to Subparagraph 4(c) [Additional Charges for Expenses and Taxes], except for the cost of liability and will provide Builder’s Risk/Course of Construction insurance which is attributable to construction of the Base Building Improvements (as determined by Landlord, in its reasonable discretion). If Landlord’s insurance cost is increased due to Tenant’s use of the Premises, Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for waiver the Premises or the Common Area. Notwithstanding the foregoing obligations of subrogation as provided in this Section. Premiums for property Landlord to carry insurance, but Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so; provided, however, that such coverages shall not liability insurance, paid be voluntarily reduced by Landlord shall be included in Operating Expenses and Tenant shall pay without Tenant’s Share thereofprior consent.

Landlord’s Insurance Obligations. Subject to the preceding sentenceLandlord shall purchase and keep in force a policy or policies of liability, Landlord will at all times during the Term maintain property insurance on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, fire and property damage occurring insurance, including provisions allowing the payment of deductibles (which shall be payable by Tenant pursuant to Subparagraph 4(c)) and pre-payment for coverage up to one year, covering loss or damage to the Premises including Tenant Improvements (and also including Alterations to the extent reflected in Tenant’s then-current Statement of Values as Alterations Tenant requests Landlord to insure) and Common Area in the amount of the full replacement value thereof (based, for purposes of the Alterations Landlord is insuring at Tenant’s request, on Tenant’s then-current Statement of Values), insuring direct physical loss or damage included within the Property “special form” classification of coverage and flood and earthquake insurance, if available, plus a policy of rental income insurance in such amounts as Landlord deems necessary or appropriate. Such liability insurance will protect only Landlord the amount of eighteen (18) months Base Rent and Additional Charges and, at Landlord’s optionelection pursuant to Subparagraph 12(c)(i) [Commercial General Liability Insurance], LandlordCommercial General Liability insurance for the Common Area. At Tenant’s lender and some or all of the request, Landlord Parties, and does not replace or supplement the liability insurance shall include any specific Alterations allowed under this Lease obligates in such policies, provided that Tenant to carry. To the extent not prohibited provides Landlord with all information reasonably required by the Laws, Landlord, on behalf of Landlord or its insurer in connection with such Alterations and its insurers, waives, releases such Alterations and discharges Tenant and their insured value are identified in Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out then-current Statement of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of TenantValues, and Landlord will look only to Landlord’s shall not be liable for any under-insurance coverage (regardless whether of Alterations so long as Landlord maintains any such coverage) insures the designated Alterations at the values reflected in the event then-current Statement of Values. Notwithstanding anything to the contrary herein, until Tenant delivers its first Statement of Values to Landlord upon completion of the Initial Alterations, Landlord shall continue to insure the Tenant Improvements at the values Landlord is insuring under the Existing Lease as of the Effective Date, notwithstanding any demolition or alteration of such claimTenant Improvements or addition of Initial Alterations. Landlord’s Tenant shall pay to Landlord the cost of all such policy or policies of property insurance will permit releases pursuant to Subparagraph 4(c) [Additional Charges for Expenses and Taxes]. If Landlord’s insurance cost is increased due to Tenant’s use of liability and will provide the Premises, Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for waiver the Premises or the Common Area. Notwithstanding the foregoing obligations of subrogation as provided in this Section. Premiums for property Landlord to carry insurance, but Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so; provided, however, that such coverages shall not liability insurance, paid be voluntarily reduced by Landlord shall be included in Operating Expenses and Tenant shall pay without Tenant’s Share thereofprior consent.

Landlord’s Insurance Obligations. Subject Landlord shall maintain or cause -------------------------------- to be maintained in effect a policy or policies or insurance covering the preceding sentence, Landlord will at all times during Property and/the Term maintain property insurance on the Buildings and all other improvements and real property at the PropertyBuilding, including the Photo Boothleasehold improvements included within "Landlord's Work" as referenced in Exhibit C (but not alterations or additions --------- permitted under Article 11 and/or Tenant's personal property), providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount of ---------- not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to cost (exclusive of excavations, foundations and footings) during the Initial Term and all Extended Terms, providing protection against any personal property of Tenant peril generally included within the Premises or otherwise located at the Property. DT-Carvana Lease 8 classification "Fire and Extended Coverage" (and "Earthquake Insurance" and "Flood Insurance" if Landlord may also obtain commercial general liability in its sole discretion deems such additional coverage desirable), together with insurance and/or errors against sprinkler damage, vandalism and omissions liability against claims for bodily injury, personal injurymalicious mischief, and property damage occurring at the Property in such amounts further insurance as Landlord or Landlord's lender deems necessary or appropriate. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender and some or all of the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claimdesirable. Landlord’s 's obligation to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of property insurance carried and maintained by Landlord, provided that the coverage afforded will permit releases not be reduced or diminished by reason of liability the use of such blanket policy of insurance. Not less often than every three years during the Initial Term of this Lease, Landlord shall obtain from three (3) separate, qualified and rated insurance companies estimates (quotes) for the cost of Landlord's insurance obligations under this Section 10.6. Landlord shall ------------ provide copies of teach of these bids to Tenant and Tenant shall only be required to reimburse Landlord in the amount of the lowest cost estimate, regardless of insurer chosen by Landlord. Landlord will provide for cause the insurer to issue the appropriate waiver of subrogation as provided in this Sectionendorsement to all policies. Premiums for property insuranceIn addition to all other sums due hereunder, but not liability insurance, paid by Landlord shall be included in Operating Expenses and Tenant shall pay to Landlord as Additional Rent the cost of Landlord's insurance described herein. Payment of Tenant’s Share thereof's share shall be made in accordance with Section 5.3. Notwithstanding ----------- anything in this Section 10.6 to the contrary: (a) Landlord shall not obtain ------------ Flood Insurance unless the Property is located within a Flood Hazard Area designated by the Federal Emergency Management Agency (FEMA) and (b), Tenant's obligation to pay the annual premium for Earthquake insurance shall not exceed sixteen thousand dollars ($16,000.00) per year for the first year of the Lease and, during the balance of the Lease term, as extended, if extended, shall not increase more than three percent (3%) over the amount payable for such insurance during the previous Lease year.

Landlord’s Insurance Obligations. Subject to the preceding sentenceLandlord shall purchase and keep in force a policy or policies of liability, Landlord will at all times during the Term maintain property insurance on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, fire and property damage occurring at insurance, including provisions allowing the Property payment of deductibles (which shall be payable by Tenant pursuant to Subparagraph 4(c)) and pre-payment for coverage up to one year, covering loss or damage to the Premises (including the Tenant Improvements) and Common Area in such amounts as Landlord deems necessary the amount of the full replacement value thereof, insuring direct physical loss or appropriate. Such liability damage included within the "special form" classification of coverage and flood and earthquake insurance, if available, plus a policy of rental income insurance will protect only Landlord in the amount of eighteen (18) months Base Rent and Additional Charges and, at Landlord’s option's election pursuant to Subparagraph 12(c)(i) [Commercial General Liability Insurance], Landlord’s lender and some Commercial General Liability insurance for the Common Area. At Tenant's request, Landlord shall include any specific Alterations made in accordance with this Lease in such policies, provided that Tenant provides Landlord with all information reasonably required by Landlord or all its insurer in connection with such Alterations. In addition, during the course of construction of the Base Building Improvements and Tenant Improvements, Landlord Partiesshall purchase and keep in force Comprehensive Builder's Risk/Course of Construction insurance, and does not replace or supplement with the liability insurance this Lease obligates same requirements as policies described above but with appropriate adjustments to reflect that the Project is under construction. Tenant shall pay to carry. To Landlord the extent not prohibited by the Laws, Landlord, on behalf cost of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s policy or policies of property insurance will permit releases pursuant to Subparagraph 4(c) [Additional Charges for Expenses and Taxes], except for the cost of liability and will provide Builder's Risk/Course of Construction insurance which is attributable to construction of the Base Building Improvements (as determined by Landlord, in its reasonable discretion). If Landlord's insurance cost is increased due to Tenant's use of the Premises, Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for waiver the Premises or the Common Area. Notwithstanding the foregoing obligations of subrogation as provided in this Section. Premiums for property Landlord to carry insurance, but Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so; provided, however, that such coverages shall not liability insurance, paid be voluntarily reduced by Landlord shall be included in Operating Expenses and Tenant shall pay without Tenant’s Share thereof's prior consent.

Landlord’s Insurance Obligations. Subject to the preceding sentenceLandlord, Landlord will at Landlord's expense, shall maintain at all times during the Term maintain property Term, with a reputable insurance company licensed to do business in the State and otherwise satisfactory to the holder of any first mortgage on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount not less than the full insurable replacement cost. Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance against all claims, demands or actions for injury to or death of person or property having a limit of not less than $10,000,000 per occurrence and/or errors in the aggregate, including products liability, contractual liability and omissions liability against claims for bodily injuryindependent contractors' coverage, personal injurywith broad form endorsement, and property damage occurring at arising from or related to, or in any way connected with the conduct of Landlord, the operation of Landlord's business in the Property in such amounts as Landlord deems necessary or appropriate. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender and some or all of (excluding the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited Premises) and/or caused by the Laws, acts or omissions of Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s and/or Landlord's employees, agents, contractors servants and invitees contractors. Said insurance policy shall (“i) name Tenant Parties”as an additional insured, as its interest may appear, and (ii) from be written as primary policy coverage and non-contributing with respect to any coverage that Tenant may carry, and that any coverage carried by Tenant therefor shall be excess insurance. Certificates of all claims such insurance and evidence of payment thereof, or duly executed duplicates of the policy, shall be furnished by Landlord to Tenant on or before the Commencement Date, and not less than 30 days prior to the expiration of the term (and each renewal term) of such coverage. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Landlord's insurance coverage, shall be deemed to limit or restrict in any way Landlord's liability arising under or out of personal injury this Lease. With respect to the insurance policy required to be procured by Landlord, on or damage before the Commencement Date, and before such insurance policy shall expire, Landlord shall deliver to Tenant upon Tenant 's written request a duplicate original or destruction certified copy of each such policy or a certificate of the Buildinginsurer, Landcertifying that such policy has been issued, Common Areas and/or Property, or loss of use of providing the Building, Land, Common Areas and/or Property, occasioned coverage required by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, this Lease and Landlord will look only containing provisions specified herein. The insurance policy required to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s policy or policies of property insurance will permit releases of liability and will provide for waiver of subrogation as provided in this Section. Premiums for property insurance, but not liability insurance, paid be carried hereunder by Landlord shall be included in Operating Expenses provide (and any certificate evidencing the existence of each such insurance policy shall certify) that, unless Tenant shall pay Tenant’s Share first have been given thirty (30) days' prior written notice thereof, the insurer will not cancel, materially change or fail to renew the coverage provided by such insurance policy.

Landlord’s Insurance Obligations. Subject to During the preceding sentenceterm of this Lease, Landlord will at all times during the Term maintain shall carry hazard and property insurance coverage on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy Building in an amount not less than equal to the full insurable replacement costcost thereof. Landlord may maintain such insurance shall not be obligated in whole any way or in part under blanket policies. Such insurance will not cover manner to insure any of Tenant’s Personal Property upon or be applicable to any personal property of Tenant within the Premises or otherwise located any Improvements which Tenant is required to remove pursuant to Section 11.F hereof. Landlord shall also carry Commercial General Liability insurance in an amount of at the Propertyleast $1,000,000 per “occurrence” and $2000,000 “aggregate” per this location. DT-Carvana Lease 8 Landlord may also obtain commercial general liability carry such other insurance and/or errors coverage, including without limitation, rent loss insurance, of the type and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord deems necessary prudent. Notwithstanding the foregoing, any insurance carried or appropriate. Such liability insurance will protect only required to be carried by Landlord and, at Landlord’s option, Landlord’s lender and some or all of relative to the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s Premises may be maintained under a blanket policy or policies of property insurance will permit releases of liability covering the Premises and will provide other properties owned by Landlord and its affiliates, and all premiums, commissions, service fees, reasonable third party administrative fees paid or incurred by Landlord or its management agent (CSM Corporation) for waiver of subrogation as provided in this Section. Premiums for property such insurance, but to the extent properly allocable to the Premises, and the cost of repairs not liability insurancecovered under such insurance due to deductible or retention provisions, shall be included within the definition of Operating Expenses under Section 7 of this Lease. Tenant shall have no right in or claim to the proceeds of any policy of insurance maintained by Landlord under this Lease even if the cost of such insurance is borne by Tenant pursuant to Section 7 of this Lease. If an increase in any insurance premiums paid by Landlord shall be included in Operating Expenses and relative to the Project is caused by Tenant’s use of the Premises, then Tenant shall pay Tenant’s Share thereofthe amount of such increase as additional rent to Landlord.

Landlord’s Insurance Obligations. Subject to During the preceding sentenceterm of this Lease, Landlord will at all times during the Term maintain property shall carry Property insurance coverage on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy Project in an amount not less than the full insurable replacement costcommercially reasonable amounts. Landlord may maintain such insurance shall not be obligated in whole any way or in part under blanket policies. Such insurance will manner to insure any of Tenant's Personal Property (including, but not cover limited to, any furniture, machinery, goods, inventory, supplies or be applicable to any personal property of Tenant trade fixtures) upon or within the Premises or otherwise located any improvements which Tenant may construct on or within the Premises. Landlord shall also carry Commercial General Liability insurance in an amount of at the Propertyleast $1,000,000 per "occurrence" and $2,000,000 "aggregate" per location. DT-Carvana Lease 8 Landlord may also obtain commercial general liability carry such other insurance and/or errors coverage, including without limitation, rent loss insurance, of the type and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord deems necessary or appropriateprudent. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender and some or all In lieu of the foregoing, all insurance carried or required to be carried by Landlord Parties, relative to the Project and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited other properties owned by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s may be maintained under a policy or policies of property insurance will permit releases of liability both primary and will provide for waiver of subrogation as provided in this Section. Premiums for property insuranceexcess, but not liability insurance, and all premiums paid by Landlord for such insurance, and the cost of repairs not covered under such insurance due to deductible provisions, shall be included in within the definition of Operating Expenses and subject to the terms of Section 7 of this Lease. Tenant shall have no right in or claim to the proceeds of any policy of insurance maintained by Landlord under this Lease even if the cost of such insurance is borne by Tenant pursuant to Section 7 of this Lease. If an increase in any insurance premiums paid by Landlord relative to the Project is caused by Tenant's use of the Premises or Tenant's vacating or abandoning the Premises, then Tenant shall pay Tenant’s Share thereofthe amount of such increase as additional rent to Landlord.

Landlord’s Insurance Obligations. Subject Landlord agrees to the preceding sentence, Landlord will at all times obtain and maintain during the Term hereof, to the extent the same is available, fire and extended coverage insurance, in amounts and coverages and with such special endorsements as Landlord shall determine from time to time, insuring the building in which the Leased Premises are located and the improvements to the Leased Premises provided by Tenant pursuant to this Lease (exclusive of Tenant's merchandise, trade fixtures, furnishings, equipment, plate glass, signs and personal property of Tenant). Landlord shall also carry rental interruption insurance in amounts at least equal to Tenant's total rental obligation for twelve (12) full months under this Lease including the total of the estimated costs to Tenant of Taxes and Common Area Maintenance Expenses (including insurance) for such twelve (12) month period. Landlord will maintain property insurance on during the Buildings Term of this Lease, commercial general liability insurance, insuring against any and all claims for personal injury, bodily injury, death, or property damage, accruing in, on or about the common areas and other improvements and real property at portions of the PropertyShopping Center not leased to tenants, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy in an amount with limits of not less than [***] with respect to bodily injury and death and [***] with respect to property damage. Further Landlord shall maintain fire and extended coverage insurance insuring the improvements located within the Shopping Center (except for Tenant's trade fixtures, furnishings, operating equipment and personal property) for [***] of the full insurable replacement costcost thereof. Tenant acknowledges that such coverage may be provided pursuant to a blanket policy for centers managed by Managing Agent (as defined in Section 20.22 hereof). Tenant shall reimburse Landlord may maintain such insurance in whole or in part under blanket policies. Such insurance will not cover or be applicable to any personal property of Tenant within the Premises or otherwise located at the Property. DT-Carvana Lease 8 Landlord may also obtain commercial general liability insurance and/or errors and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord deems necessary or appropriate. Such liability insurance will protect only Landlord and, at Landlord’s option, Landlord’s lender and some or all its proportionate share of the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s policy or policies of property insurance will permit releases of liability and will provide for waiver of subrogation as provided in this Section. Premiums for property insurance, but not liability insurance, paid by Landlord shall be included in Operating Expenses and Tenant shall pay Tenant’s Share thereof[***] Confidential treatment requested.

Landlord’s Insurance Obligations. Subject to During the preceding sentenceterm of this Lease, Landlord will at all times during the Term maintain shall carry hazard and property insurance coverage on the Buildings and all other improvements and real property at the Property, including the Photo Booth, providing coverage at least as broad as the current ISO Special Form (“all-risks”) policy Building in an amount not less than equal to the full insurable replacement costcost thereof. Landlord may maintain such insurance shall not be obligated in whole any way or in part under blanket policies. Such insurance will not cover manner to insure any of Tenant’s Personal Property upon or be applicable to any personal property of Tenant within the Premises or otherwise located any Improvements which Tenant is required to remove pursuant to Section 11.F hereof. Landlord shall also carry Commercial General Liability insurance in an amount of at the Propertyleast $1,000,000 per “occurrence” and $2,000,000 “aggregate” per this location. DT-Carvana Lease 8 Landlord may also obtain commercial general liability carry such other insurance and/or errors coverage, including without limitation, rent loss insurance, of the type and omissions liability against claims for bodily injury, personal injury, and property damage occurring at the Property in such amounts as Landlord deems necessary prudent. Notwithstanding the foregoing, any insurance carried or appropriate. Such liability insurance will protect only required to be carried by Landlord and, at Landlord’s option, Landlord’s lender and some or all of relative to the Landlord Parties, and does not replace or supplement the liability insurance this Lease obligates Tenant to carry. To the extent not prohibited by the Laws, Landlord, on behalf of Landlord and its insurers, waives, releases and discharges Tenant and Tenant’s employees, agents, contractors and invitees (“Tenant Parties”) from all claims arising out of personal injury or damage to or destruction of the Building, Land, Common Areas and/or Property, or loss of use of the Building, Land, Common Areas and/or Property, occasioned by any fire or other casualty or occurrence whatsoever (whether similar or dissimilar) unless any such claim results from the criminal conduct of Tenant, and Landlord will look only to Landlord’s insurance coverage (regardless whether Landlord maintains any such coverage) in the event of any such claim. Landlord’s Premises may be maintained under a blanket policy or policies of property insurance will permit releases of liability covering the Premises and will provide other properties owned by Landlord and its affiliates, and all premiums, commissions, service fees, and administrative fees paid or incurred by Landlord or its management agent (CSM Corporation) for waiver of subrogation as provided in this Section. Premiums for property such insurance, but to the extent properly allocable to the Premises, and the cost of repairs not liability insurancecovered under such insurance due to deductible or retention provisions, shall be included within the definition of Operating Expenses under Section 7 of this Lease. Tenant shall have no right in or claim to the proceeds of any policy of insurance maintained by Landlord under this Lease even if the cost of such insurance is borne by Tenant pursuant to Section 7 of this Lease. If an increase in any insurance premiums paid by Landlord shall be included in Operating Expenses and relative to the Project is caused by Tenant’s use of the Premises, then Tenant shall pay Tenant’s Share thereofthe amount of such increase as additional rent to Landlord.