Common use of Landlord’s Insurance Clause in Contracts

Landlord’s Insurance. (a) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. With respect to insurance maintained by Landlord: (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called “fire and extended coverage” form insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Leased Premises or any part thereof with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than six months. Such fire and property damage insurance, at Landlord’s election but without any requirements on Landlord’s behalf to do so, (i) may be written in so-called “all risk” form; (ii) may provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may provide coverage for loss of rents for a period of up to twelve months. Landlord shall not be required to cause such insurance to cover any of Tenant’s personal property, inventory, and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Leased Premises, or any portion thereof, with combined single limit coverage of at least Three Million Dollars ($3,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s Lender, insurance broker, advisor or counsel may from time to time providedetermine is reasonably necessary, to under the extent the same is available from Landlord’s insurance carriercircumstances, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as adequate protection of Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Leased Premises. (bc) Any Landlord may maintain any other insurance required of Landlord hereunder may be furnished by or for Landlord which in Landlord’s reasonable opinion is prudent to carry under any blanket or umbrella policy the given circumstances, provided such insurance is commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. (a) The Landlord may from time to time provideshall, to at all times throughout the extent the same is available from Landlord’s insurance carrierTerm, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followscarry: (i) commercial general public liability insurance written on a comprehensive basis with coverage against third party claims for the Shopping Center and/or regional retail developmentbodily injury, (ii) standard extended property insurance covering buildingsincluding death, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with in such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) amounts as Landlord may elect are normally carried by prudent landlords of similar premises from time to time, but in no event less than five million dollars ($5,000,000.00) per occurrence; (ii) rental income insurance; and (iii) rent interruption insuranceother forms of insurance as would be carried by a prudent owner of a similar building and considered advisable by the Landlord or any Mortgagee. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total The cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by the Tenant following in accordance with Section 12.1(c). The Landlord may satisfy the foregoing insurance requirements by carrying blanket insurance policies and through one or more insurance policies provided the premiums for such policy are allocated equitably among the properties covered by such blanket insurance policy. (b) All Landlord’s insurers shall be registered and licensed to carry on the business of insurance in the Province in which the Premises are located and all insurance policies shall: (i) contain a casualty occurrence within ten cross liability and/or severability of interest clause; and (10)thirty ii) contain an undertaking by the insurers to notify the Tenant in writing not less than thirty (30) days following written notice from Landlord. If prior to any material change, cancellation or termination thereof. (c) The Tenant will pay to the total amount paid Landlord the insurance premiums in respect of the insurance required to be carried by Tenant the Landlord under this Section for section 12.1, as Additional Rent, and in the event of any calendar, lease loss or fiscal year (at Landlord’s option) shall be less than damage the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay directly to the Landlord any deductible which the difference between Landlord is required to pay toward or for any insured loss relating to the amount paid by Xxxxxx Premises as Additional Rent. The Landlord shall submit the invoice for such insurance premiums or deductibles to the Tenant as they come due and the actual amount due, Tenant shall pay all such deficiency to be paid amounts within thirty (30) days after receipt of such invoice. In the furnishing of each such statement, and if event that the total amount paid by Tenant hereunder for fails to pay any such calendar year shall exceed premium prior to its due date, the Landlord may pay such actual amount due premium and claim it from the Tenant for such calendar year, such excess shall be credited against as Additional Rent. Notwithstanding any contribution by the next installment due from Tenant to Landlord the cost of insurance premiums provided herein, the Tenant acknowledges and agrees that no insurable interest is conferred upon the Tenant under this Section 11.02. (b) Any Lease for purposes of any policies of insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for the Landlord or under a separate policy thereforand the Tenant has no right to receive any proceeds of any such insurance policies carried by the Landlord.

Landlord’s Insurance. Within fifteen (a15) days after written notice from Tenant to Landlord may given from time to time provideduring the Term, Landlord shall notify Tenant of the insurance premium cost (the “Cost Notice”) to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: Landlord to obtain (i) commercial general liability insurance for the Shopping Center with limits specified by Tenant covering Landlord (and Tenant as an additional insured) against bodily injury to persons, including death and loss of or damage to real and personal property, and/or regional retail development, (ii) standard extended property rental loss insurance covering buildingsthe Base Rent and additional rental payable under this Lease over a one (1) year period. Within fifteen (15) days after receiving the Cost Notice, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord Tenant may elect from time to time, (iii) rent interruption insurance. Tenant agrees direct Landlord to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid obtain some or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; at Tenant’s proportionate share of deductible amounts cost (and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementin that regard, Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after receipt of Landlord’s statement or invoice for the furnishing insurance premium cost of each such statementobtaining same, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess which statement or invoice shall be credited against accompanied by reasonable evidence of the next installment due from amounts owing). A certificate evidencing such insurance coverage shall be delivered to Tenant not less than fifteen (15) days after Tenant’s election to have Landlord under this Section 11.02obtain such insurance, which certificate of insurance will provide for at least ten (10) days advance notice in the event of cancellation. If Tenant elects to have Landlord obtain such insurance, Tenant may thereafter notify Landlord that Tenant no longer desires Landlord to maintain such insurance at Tenant’s cost, in which case Tenant shall not be obligated to reimburse Landlord for insurance premiums applicable to time periods beyond the expiration date of the applicable policy(ies) obtained by Landlord at Tenant’s request as provided above. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord will maintain during the Lease term the following insurance policies (or if any of them are not commercially available, the closest equivalents): an "all risk" casualty insurance policy for the full replacement cost (or the highest amount not in excess thereof that is reasonably commercially available) of the Building (which may from time be subject to time providestandard exclusions in such policies and to exclusion for foundations and footings), to rental loss insurance providing coverage for two (2) years (or the extent the same longest period not in excess thereof that is available from Landlord’s insurance carrierreasonably commercially available) of base rent and estimated Taxes and Operating Costs, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance (Broad Form CGL) of at least $10 Million combined single limit for the Shopping Center and/or regional retail developmenteach occurrence, (ii) standard extended property with a deductible not to exceed $10,000.00, and other insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentpolicies with commercially reasonable carriers in such amounts, with such special extended coverage endorsements deductibles and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) providing protection against such perils as Landlord may elect from time determines to time, be necessary in its reasonable discretion. All losses on all policies maintained pursuant to this Article will be settled in Landlord's name (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (or as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated otherwise designated by Landlord; Tenant’s proportionate share of deductible amounts ) and self insurance coverage amounts shall proceeds will belong and be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord except if and to the difference between extent specifically set forth in Addendum #3 and Addendum #4 or by reference in Addendum #5. Landlord makes no representations or warranties as to the amount paid by Xxxxxx and the actual amount dueadequacy of any insurance to protect Landlord's or Tenant's interests. Upon Tenant's written request, such deficiency to be paid within thirty (30) days after the furnishing Landlord will provide Tenant with certificates of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Landlord's insurance. (b) Any Tenant and its Affiliates will not undertake, fail to undertake or permit any acts or omissions which will increase the cost of, violate, void or make voidable all or any portion of any insurance required of policies maintained by Landlord, unless Landlord hereunder may be furnished by or for gives its specific written consent and Tenant pays all increased costs to Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforon demand.

Landlord’s Insurance. With respect to insurance maintained by Landlord: A. Landlord may maintain, as the minimum coverage required of it by this Lease, property insurance in so-called “Special” form insuring Landlord (aand such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent of the full actual replacement cost thereof and against loss of rents for a period of not less than twelve months. Such property damage insurance, at Landlord’s election but without any requirement on Landlord’s behalf to do so, (i) may be written in so-called Special Form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; (ii) may provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to include (or separate policies may be carried to cover) loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; (iv) may provide coverage for loss of rents for a period of up to twelve months; and/or (v) may contain “deductibles” per occurrence in an amount reasonably acceptable to Landlord. Landlord shall not be required to cause such insurance to cover any of Tenant’s personal property, inventory and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. B. Landlord may maintain Commercial General Liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Two Million Dollars or more. Landlord may carry such greater coverage as Landlord or Landlord’s Lender, insurance broker or advisor or counsel may from time to time provide, to determine is reasonably necessary for the extent adequate protection of Landlord and the same is available from Landlord’s Property. C. Landlord may maintain any other insurance carrier, which in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductiblesthe opinion of its lender, insurance coverage as follows: (i) commercial general liability insurance for broker or advisor, or legal counsel is prudent to carry under the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02given circumstances. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. With respect to insurance maintained by Landlord: A. Landlord shall maintain, as the minimum coverage required of it by this Lease, "all risk" property insurance insuring Landlord (aand such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof. Such property damage insurance, at Landlord's election but without any requirement on Landlord's behalf to do so, (i) may exclude only those perils commonly excluded from such coverage by Landlord's then property damage insurer; (ii) may be endorsed to include (or separate policies which may be carried to cover) loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may contain "deductibles" per occurrence in an amount reasonably acceptable to Landlord. Landlord shall not be required to cause such insurance to cover any of Tenant's personal property, inventory and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Premises. Landlord's "all risk" property insurance shall cover the Landlord's Work and any subsequent alterations performed by Landlord at Landlord's cost. B. Landlord shall maintain Commercial General Liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Project, or any portion thereof, with combined single limit coverage of at least Two Million Dollars ($2,000,000). Landlord may carry such greater coverage as Landlord or Landlord's Lender, insurance broker or advisor or counsel may from time to time provide, to determine is reasonably necessary for the extent adequate protection of Landlord and the same is available from Landlord’s Project. C. Landlord may maintain any other insurance carrier, which in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductiblesthe opinion of its lender, insurance coverage as follows: (i) commercial general liability insurance for broker or advisor, or legal counsel is prudent to carry under the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02given circumstances. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall have the following obligations -------------------- and options regarding insurance: A. Landlord shall maintain a policy or policies of fire and property damage insurance in so-called "all risk" form (aincluding such perils as are commonly covered by such form of coverage) insuring Landlord (and such others as Landlord may designate) against loss of rents (including Monthly Base Rent and Additional Rent) for a period of not less than twelve (12) months and from physical damage to the Improvements with coverage of not less than the full replacement cost thereof. Landlord may so insure the Improvements separately, or may insure the Improvements with other property owned by Landlord which Landlord elects to insure together under the same policy or policies. Such fire and property damage insurance, at Landlord's election, (i) may provide coverage for physical damage to the Improvements so insured up to the then full replacement cost thereof, (ii) may be endorsed to cover loss caused by such additional perils against which Landlord may reasonably elect to insure, including earthquake and/or flood (to the extent such insurance is available on commercial reasonable terms), (iii) may contain reasonable "deductibles" which in the case of the "all-risk" insurance shall not exceed Twenty-Five Thousand Dollars ($25,000) without the prior approval of Tenant and which, in the case of earthquake and flood insurance, may be up to ten percent (10%) of the replacement value of the property insured or such higher amount as is then commercially reasonable, and (iv) may contain additional endorsements or coverage reasonably required by Landlord or any Lender, including an "agreed amount" endorsement, demolition insurance, and difference in condition coverage. Landlord shall not be required to cause such insurance to cover any Trade Fixtures, Leasehold Improvements or any inventory or other personal property of Tenant. B. Landlord may maintain a policy or policies of comprehensive general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Premises with combined single limit coverage in such amount as Landlord may from time to time providedetermine is reasonably necessary for its protection. C. Each policy of insurance required to be carried or actually carried pursuant to subparagraph 9.2A shall contain a waiver by the insurer of any right to subrogation against Tenant, to the extent the same is available from Landlord’s insurance carrierits agents, in amounts employees, contractors, subtenants, successors and coverages determined assigns which might arise by Landlordreason of any payment under such policy or by reason of any act or omission of Tenant, with or without self insurance retainage and/or deductiblesits agents, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentemployees, contractors, subtenants, successors and assigns; (ii) standard extended property shall provide, if the policy is a blanket policy, that the amount of insurance covering buildingsproceeds available under such policy shall not be reduced, improvements and/or leasehold improvements within due to other losses insured against by the Shopping Center and/or regional retail developmentsame policy, with such special extended coverage endorsements to less than the amount of insurance Landlord is required to maintain pursuant to this Lease; and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share shall contain a "severability" clause (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02where applicable). (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall insure the Common Area improvements, the Building, the Premises and the Tenant Improvements initially installed in the Premises pursuant to Exhibit "C" (aexcluding, however, Tenant's furniture, equipment and other personal property and Tenant Changes) Landlord may from time to time provideat their full replacement cost against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, to the extent the same is available from rental loss coverage, at Landlord’s insurance carrier's option, in amounts earthquake damage coverage, and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance such additional coverage as follows: (i) Landlord deems appropriate. Landlord shall also carry commercial general liability insurance for the Shopping Center and/or regional retail development, (iiin an amount not less than required of Tenant under Section 20.1(b) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, above) and with such special extended coverage endorsements reasonable deductibles as would be carried by a prudent owner of a similar building in the state in which the Building is located. At Landlord's option, all such insurance may be carried under any blanket or umbrella policies which Landlord has in force for other buildings and other special insurance coverages (includingprojects. In addition, without limitationat Landlord's option, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to timeself-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or the mortgagees or ground lessors of Landlord may reasonably determine is advisable. The cost of insurance obtained by Landlord pursuant to this Section 21 (iiiincluding self-insured amounts and deductibles) rent interruption insurance. Tenant agrees shall be included in Operating Expenses, except that any increase in the premium for the property insurance attributable to pay Landlord its proportionate share (as such term is defined in Section 2.05) the replacement cost of the total cost paid or incurred by Landlord for all Tenant Improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthConstruction Allowance shall not be included as Operating Expenses, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing concurrently with Tenant's monthly installment of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02its share of Operating Expenses. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord shall provide the following types of insurance, in amounts and coverages as may be determined by Landlord in its reasonable discretion provided such amounts, coverages and deductibles are reasonable and comparable to coverages maintained on comparable properties in the area: "all risk" property insurance, subject to standard exclusions covering the Building and the Project, and commercial general liability coverage. Further, Landlord may, in its sole and absolute discretion, obtain coverage for such other risks as Landlord or its mortgagees may from time to time providedeem appropriate, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquakecoverage for leasehold improvements and/or earthquake (provided, terrorismhowever, coastal windstorm that the cost of earthquake insurance shall not be included as an Operating Expense unless Landlord elects or is required to carry such coverage on the entire Project). Landlord shall not be required to carry insurance of any kind on Tenant's property, including leasehold improvements, trade fixtures, furnishings, equipment, plate glass, signs and flood coverages) as all other items of personal property, and shall not be obligated to repair or replace that property should damage occur. All proceeds of insurance maintained by Landlord upon the Building and Project shall be the property of Landlord, whether or not Landlord is obligated to or elects to make any repairs. At Landlord's option, Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) self-insure all or any portion of the total cost paid risks for which Landlord is required or incurred by elects to provide insurance hereunder; provided, however, that in the event that Landlord for all transfers its fee interest in the Project including the Premises (other than to an entity affiliated with, controlled, controlling or under common control with Landlord, or in which Landlord retains an interest), such transferee shall demonstrate a financial net worth of at least Fifty Million Dollars ($50,000,000.00) or cash reserves of Ten Million Dollars ($10,000,000.00), and in the absence of such insurance coverages in equal monthly installments on the first day of each calendar monthfinancial net worth or cash reserves, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self such transferee shall instead maintain insurance coverage amounts shall be paid as required by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due 10.2 from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02third-party insurance carrier(s). (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Throughout the Lease Term, Landlord may from time to time provide, shall procure and maintain in full force and effect with respect to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followsBuilding: (i) a policy or policies of property insurance covering the full replacement value of the Building written on a physical loss or damage basis under a "special form" or "All Risk" form policy, together with any coverages or endorsements required by any lender and/or reasonably deemed prudent by Landlord to carry, such as, without limitation, sprinkler leakage, vandalism and malicious mischief coverage, and earthquake; and (ii) a policy of commercial general liability insurance with a limit of liability of not less than $10,000,000 per occurrence insuring Landlord's activities with respect to the Premises and the Building for loss, damage or liability for personal injury or death of any person or loss or damage to property occurring in, upon or about the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within Premises or the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Building. Landlord may elect from time meet any of the foregoing occurrence limits with the use of blanket or umbrella policies. Notwithstanding the foregoing provisions of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Buildings shall be materially comparable to time, (iii) rent interruption insurancethe coverage and amounts of insurance which are carried by landlords of Comparable Buildings. Tenant agrees shall, at Tenant's expense, comply with all insurance company requirements pertaining to pay Landlord its proportionate share (as such term is defined in Section 2.05) the use of the total cost paid or incurred Premises that (a) have been disclosed in writing to Tenant by Landlord and (b) pertain to Tenant's business operations, conduct or use of the Premises and the Building, whether imposed by Tenant's insurers, Landlord's insurers, or both. If Tenant's conduct or use of the Premises for all of other than the Permitted Use, Office Permitted Use or Amenities Permitted Use, as applicable, causes any increase in the premium for such insurance coverages in equal monthly installments on the first day of each calendar monthpolicies, in advance, in an amount estimated by Landlord; and Tenant fails to discontinue such use within fifteen (15) days after Tenant’s proportionate share receipt of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If Landlord of such increase in the total amount paid by Tenant under this Section for any calendarpremium, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant's expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under this Section 11.02. American Insurance Association (bformerly the National Board of Fire Underwriters) Any and with any similar body. The minimum limits of policies of insurance required of Landlord hereunder may be furnished by or for under this Lease shall in no event limit the liability of Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforthis Lease.

Landlord’s Insurance. (a) Landlord may from time agrees to time provide, purchase and keep in force All Risk and fire insurance in an amount equal to the extent replacement cost of the same is available from Building excluding any Tenant Improvements and Alterations that are reasonably identified by Landlord in writing to Tenant delivered at the time of Landlord’s approval thereof as not typical or customary for office uses (“Specialized Tenant Improvements”), provided that Landlord’s insurance carriermay provide coverage to replace Specialized Tenant Improvements or Alterations with improvements that are typical or customary for office uses. In addition, Landlord may elect to purchase insurance coverage for perils including earthquake, flood and/or terrorist acts, in amounts and coverages with deductibles reasonably determined by Landlord. Notwithstanding anything to the contrary in this Lease, Tenant shall not be required to reimburse Landlord for the cost of premiums for earthquake insurance carried with respect to the Building or without self the Project unless Tenant elects for Landlord to purchase such insurance retainage and/or deductiblesin accordance with this paragraph. Tenant may require Landlord to purchase earthquake insurance for the Building or the Project by delivering written notice of such election to Landlord at any time during the Lease Term (the “EQ Insurance Notice”). Such EQ Insurance Notice shall specify the amount, type, deductible (which deductible shall not be less than five percent (5%), period of rental loss coverage (which shall provide for a reasonable period of time for reconstruction, but a minimum of twelve (12) months), term and other elements of coverage that Tenant requires Landlord to purchase. Upon receipt of Tenant’s EQ Insurance Notice, Landlord shall promptly obtain from Landlord’s portfolio insurance provider and deliver to Tenant a quotation for the specified insurance. The coverage shall be mutually agreed upon prior to binding. Upon receipt of such quotation from Landlord, Tenant may elect to withdraw its request for earthquake insurance or approve the quotation obtained by Landlord, and shall notify Landlord in writing of such election, whereupon Landlord shall cause such insurance to be purchased. Tenant shall be required to reimburse Landlord during the Lease Term as follows: Additional Rent on an annual basis for the premiums approved by Tenant as aforesaid. Landlord shall notify Tenant in writing of the annual premium quotation for the renewal of the earthquake insurance as soon as the same is received by Landlord (which the parties anticipate will be approximately thirty (30) days prior to the expiration of the existing coverage). Within five (5) business days of Tenant’s receipt of such premium notice, Tenant shall advise Landlord in writing of Tenant’s approval of such premium, in which event Landlord shall cause the earthquake insurance to be renewed for the next year, or of Tenant’s disapproval of such premium, in which event Landlord shall not renew such coverage. Tenant’s rights to elect Landlord to obtain or terminate earthquake insurance pursuant to this Paragraph shall be continuous through the Lease Term, as extended, but may not be exercised more than once every twelve (12) months. Landlord may also maintain a policy of (i) commercial general liability insurance insuring Landlord (and such others designated by Landlord) against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Shopping Center and/or regional retail developmentPremises or Project in an amount as Landlord determines is reasonably necessary for its protection, and (ii) standard extended property rental loss insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages a twelve (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages12) as Landlord may elect from time to time, (iii) rent interruption insurancemonth period. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthadditional rent, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (3010) days following after written notice from Landlord. If invoice to Tenant, Tenant’s Allocable Share of the total amount paid by Tenant of any deductible under this Section for such policy (excluding any calendardeductible under any earthquake insurance), lease or fiscal year (at Landlord’s option) shall be less than provided that if damage is confined to the actual amount due from Tenant for such year as shown on Landlord’s statementPremises, Tenant shall pay the entire deductible to Landlord the difference between the amount paid by Xxxxxx Landlord. It is understood and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord agreed that Tenant’s obligation under this Section 11.0210.B will be prorated to reflect the Commencement Date and Expiration Date. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time to time provide, shall maintain policies of insurance covering loss of or damage to the extent Building in the full amount of its replacement cost. Such policies shall provide protection (subject to reasonable deductibles) against all perils included within the classification of fire, extended coverage (with at least a twelve-month rent-loss rider attached and with rental abatement insurance coverage for loss of services contemplated in Subsection 17.4 below, (which insurance Landlord presently carries and (at a minimum) with respect to the Premises will continue to carry so long as the same is available from Landlordremains available) vandalism, malicious mischief, special extended perils (all risk), sprinkler leakage, and any other perils that Landlord in good xxxxx xxxxx appropriate. Landlord shall not obtain insurance for Tenant’s insurance carrier, in amounts and coverages determined by Landlord, with trade fixtures or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) equipment. Landlord shall also maintain a policy of commercial general liability insurance with a combined single limit of not less than Ten Million Dollars ($10,000,000) per occurrence for the Shopping Center and/or regional retail developmentbodily injury and property damage, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with plus coverage against such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) risks as Landlord may elect deems advisable from time to time, (iii) rent interruption insurance. Tenant agrees to pay insuring Landlord its proportionate share (as such term is defined in Section 2.05) against liability arising out of the total cost paid ownership, use, occupancy or incurred maintenance of the Facility and the performance by Landlord of the indemnity provisions, to the extent commercially available in commercial general liability insurance policies or, for a reasonable additional cost, with riders thereto, of this Lease; provided, however, that Landlord may at its option elect to substitute for said policy, insurance that is part of a blanket insurance policy maintained by Landlord, provided that such substituted insurance policy has a combined single limit of not less than Twenty-Five Million Dollars ($25,000,000) allocated to the Building and conforms in all other respects with the foregoing requirements. In addition, if Landlord determines that a majority of landlords of Comparable Buildings do so, Landlord shall increase such insurance coverage and/or obtain such additional coverages to the level carried by such other landlords. All the insurance required to be carried by Landlord hereunder shall: (a) Be issued by insurance companies that are qualified and admitted to do business in equal monthly installments on the first day State of each calendar monthCalifornia and that carry a designation in “Best’s Insurance Reports,” as issued from time to time throughout the Term, in advance, in an amount estimated by Landlordas follows: Policy holders’ rating of A-; Tenant’s proportionate share financial rating of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be not less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statementX, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any Waive subrogation with respect to property loss or damage, including Rent loss and builder’s risk coverage, by fire or other casualty as specifically set forth in Subsection 15.5 below. The amount of such liability coverage may be increased from time to time as required by Landlord (but Landlord shall not increase such liability coverage to an amount greater than that required by owners of Comparable Buildings) or Landlord’s lender. Notwithstanding anything above to the contrary, Landlord may self-insure the obligations set forth herein so long as (i) Landlord maintains a net worth at least equal to 2.5 times the greater of initial replacement value of the Facility and the replacement value of the Facility from time to time according to its most recent audited financial statement (in accordance with generally accepted accounting principles consistently applied), and (ii) Landlord governs and manages its self-insurance program in a manner consistent with programs managed by reasonable businesses. Upon request, Landlord shall supply Tenant with evidence reasonably satisfactory to Tenant’s of Landlord’s net worth and the satisfaction of the conditions set forth above. If Landlord elects to self-insure, Landlord shall be responsible for any losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of Landlord hereunder may be furnished under this Lease. Landlord will notify Tenant in advance of any period for which it intends to self-insure and shall provide to confirm the satisfaction of the conditions set forth above. For so long as Landlord self-insures, Landlord, for all applicable periods, shall and does hereby indemnify and hold harmless Tenant and Tenant’s Parties from and against all costs, damages or expenses (including attorney fees at the trial and appellate levels) incurred or paid by Tenant or Tenant’s Parties as a result of any claim customarily covered by the insurance policy provided for Landlord under any blanket in Subsection 15.3 even if such costs, damages or umbrella policy carried by expenses are the result of the fault or for Landlord or under a separate policy therefornegligence of Landlord.

Landlord’s Insurance. Landlord shall, during the entire term of this Lease, as an item of Operating Expenses, keep in full force and affect the following insurance: (a1) All Risk insurance (including a vandalism and malicious mischief endorsement and sprinkler leakage coverage, and also covering such other risks as Landlord or Landlord’s lender may require) upon the Project (excluding any property which Tenant is obligated to insure under Section 14(a) above) in an amount not less than the full replacement cost thereof (excluding footings, foundations and excavation), and including commercially reasonable rental loss coverage for losses covered by such insurance policy. Such insurance policy or policies shall name Landlord as a named insured. The deductible under the All Risk policy shall not exceed such commercially reasonable amount as Landlord reasonably determines to be appropriate given prudent risk management practices and the practices of comparable landlords of Comparable Buildings. (2) Commercial general liability insurance coverage, including personal injury, bodily injury, broad form property damage, automobile, Premises operations hazard, contractual liability, and products and completed operations liability, in the amount of One Million Dollars ($1,000,000) Combined Single Limit for injury to or death of one or more persons in an occurrence and Five Million Dollars ($5,000,000) aggregate. Landlord may from time satisfy its insurance obligations under this Lease by blanket, umbrella and/or, as to time provideliability coverage in excess of One Million Dollars ($1,000,000), excess liability coverage. All such policies shall be taken out with insurance companies qualified to issue insurance in the extent State of California and holding an A.M. Best’s Rating of “A” and a Financial Size Rating of “VIII” or better, as set forth in the same is available from most current issue of Best’s Key Rating Guide. Upon request, Landlord shall deliver to Tenant certificates evidencing Landlord’s maintenance of insurance in compliance with Landlord’s insurance carrier, requirements set forth in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Lease. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended shall maintain "causes of loss - special form" property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements Premises against loss or damage resulting from fire and other special insurable loss. Such insurance coverages (includingshall be on a 100% replacement cost basis. As reasonably determined by Landlord and subject to Tenant’s reimbursement of such costs in accordance with the terms of this Paragraph 7.1, without limitation, Landlord shall also carry earthquake, terrorism, coastal windstorm and/or other insurance covering the Premises at commercially reasonable rates. Landlord shall have the right to obtain flood insurance if the Premises is located within a 100-Year Flood Plain or in an identified “flood prone area” as classified by the U.S. Department of Housing and flood coverages) as Urban Development or if required by any lender holding a security interest in the Premises. Landlord may elect from time to time, (iii) rent interruption insurance. shall not obtain insurance for Tenant’s fixtures or equipment or other building improvements installed by Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthPremises, in advanceincluding Trade Fixtures and Tenant-Owned Alterations and/or Utility Installations. During the Term, Landlord shall also maintain a rental income insurance policy, with loss payable to Landlord, in an amount not to exceed eighteen (18) months of Base Rent, plus estimated by real property taxes and insurance premiums. Tenant shall be liable for the payment of any commercially reasonable deductible amount under Landlord; ’s insurance policies maintained pursuant to this Paragraph 7.1 and any commercially reasonable self-insured retention amount. Tenant shall not do or permit anything to be done which invalidates any such insurance policies (provided that such insurance policies are consistent with the provisions of this Lease). Tenant shall pay all premiums for the insurance policies described in this Paragraph 7.1 within fifteen (15) days after Tenant’s proportionate share receipt of deductible amounts and self a copy of the premium statement or other evidence of the amount due except Landlord shall pay all premiums for non-primary comprehensive public liability insurance coverage amounts which Landlord elects to obtain. Alternatively, at Landlord’s election, Landlord shall estimate the insurance premiums required to be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) Paragraph 7.1 and require that such premiums be paid to Landlord by Tenant monthly in advance as part of Operating Expenses in accordance with Paragraph 3.2 above. Such monthly payments shall be less than an amount equal to the amount of the estimated annual insurance premiums divided by the number of months remaining before the month in which said premiums become delinquent. When the actual amount due from Tenant for of the insurance premiums are known, the amount of such year equal monthly advance payments shall be adjusted as shown on Landlord’s statementrequired to provide the funds needed to pay the insurance premiums. If the amount collected by Landlord is insufficient to pay such insurance premiums when due, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount dueLandlord, upon 10 business days written notice thereof, such deficiency to be paid within thirty (30) days after additional sum as is necessary. If the furnishing Term expires before the expiration of each such statementan insurance policy maintained by Landlord, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against liable for Tenant’s prorated share of the next installment due from Tenant to Landlord under this Section 11.02insurance premiums. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, the Landlord shall place insurance coverage on the Leased Premises, which coverage shall include the following: (a) all risks insurance for the full reconstruction value of the Building (including the value of the foundations) as determined by the Landlord, acting reasonably; (b) as an extension to the insurance maintained pursuant to Section 9.1(a), insurance on the rental income derived by the Landlord may from the Leased Premises on a gross rental income form with a period of indemnity of not less than the period as estimated by the Landlord from time to time providewhich would be required to rebuild the Leased Premises in the event of complete destruction thereof; (c) comprehensive boiler and unfired pressure vessels insurance, including repair or replacement and rental income coverages; (d) comprehensive general bodily injury and property damage liability insurance; and (e) such other insurance which is or may become customary or reasonable for owners of buildings similar to the Building to carry in respect of loss of or damage to the Building or liability arising therefrom. The insurance referred to in this Section 9.1 shall be carried in amounts determined by the Landlord and shall be obtained from a company or companies and be of a type and form satisfactory to the Landlord, acting reasonably. The insurance shall be written in the name of the Landlord with loss payable to the Landlord and to any mortgagee (including any trustee under a deed of trust and mortgage) of the Leased Premises from time to time if required by the Landlord. The policies of insurance referred to in Sections 9.1(a), (b) and (c) shall contain a waiver of the insurer’s right of subrogation as against the Tenant. The Landlord hereby waives its right of recovery against the Tenant, its employees and those for whom the Tenant is in law responsible with respect to occurrences required to be insured against by the Landlord hereunder, but only to the extent that the Landlord receives proceeds of insurance from its insurer or insurers with respect to same is available from Landlord’s after making reasonable efforts to collect. All insurance carrier, in amounts and coverages determined required to be placed by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within Landlord under the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) terms of this Lease shall be at the expense of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on Tenant and the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to the Landlord the difference reasonable cost of all such insurance forthwith upon demand therefor. The cost of insurance shall be adjusted between the amount paid by Xxxxxx Landlord and the actual amount due, such deficiency to be paid within thirty (30) days after Tenant on the furnishing Commencement Date and at the expiry of each such statement, and if the total amount paid Term. Notwithstanding any contribution by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord insurance premiums as provided for in this Lease, no insurable interest is conferred upon the Tenant under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy policies carried by the Landlord. Except as specifically provided in this Lease, the Landlord shall in no way be accountable to the Tenant regarding the use of the insurance proceeds arising from any claim. Nothing contained in this Lease shall require the Landlord to insure any of the Tenant’s equipment, machinery, stock, leasehold improvements, fixtures or for Landlord any other property owned or under a separate policy thereforbrought onto or into the Leased Premises by the Tenant whether affixed to the Building or not.

Landlord’s Insurance. (a) During the Term, Landlord shall maintain (with participation by Tenant by payment of Tenant's Proportion-ate Share of Operating Costs for the Building) insurance on the Project and all property and interest of Landlord in the Project, including, without limitation, Leasehold Improvements, but excluding Tenant's Property, with coverage and in amounts and in respect of risks which are from time to time acceptable to a prudent owner of a project similar in age, use, type, and location and from time to time insurable at reasonable premiums. When obtainable without payment of additional premium (or if Tenant shall pay any such additional premium) all policies for such insurance shall waive any right of subrogation against Tenant and its officers, directors, partners and employees. Landlord shall review its insurance in consultation with an independent, professional insurance broker not less frequently than every three years and may on the recommendation of such insurance broker effect insurance subject to reasonable deductibles to be borne by the insured in the event of a claim arising. Nothing herein shall preclude Landlord effecting so-called "all risks" property insurance, or effecting blanket insurance in respect of the Project and any other properties of which Landlord is the owner or tenant, or in which Landlord has an insurable interest. Landlord shall allocate (in circumstances where the insurer or the insurer's agent fails to do so) the cost of premiums to the Building and any other of the Project Components (and such other properties as may be appropriate), covered by the insurance policy on an equitable basis having regard, without limitation, to the various uses and values of the subject Project Components, and any other properties so included, and the recommendation of Landlord's insurance broker. (b) Provided that: (i) if in the opinion of Landlord any Leasehold Improvements do not constitute a finishing of the Premises in a manner which would have general utility but are specially or peculiarly adapted for Tenant's use, or if the insuring of any of the Leasehold Improvements in the Premises involves, or would in the opinion of Landlord's insurance broker involve a premium exceeding that for the insuring of Leasehold Improvements normal in the Building, or any special stipulations or conditions of a policy of insurance are imposed or involved in the insurance thereof, Landlord may from time to time provideelect, by written notice to the extent the same is available from Landlord’s insurance carrierTenant, not to insure or cause to be insured any such Leasehold Improvements, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, which event Landlord shall not be required to insure such Leasehold Improvements; (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect if from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) time the insuring of the total Leasehold Improvements in the Premises (other than those which Landlord may have elected not to insure or cause to be insured as aforesaid) requires a premium or an allocated part of a premium, as established either by the insurer or by the estimate of Landlord's insurance broker, which exceeds the average premium cost paid or incurred by per unit of area for insuring Leasehold Improvements normal to the Building, Landlord for all may from time to time charge the excess premium cost to Tenant and Tenant shall make prompt payment therefor upon receipt of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice invoices from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (bc) Any Upon the request of Tenant from time to time Landlord will furnish a statement as to the perils in respect of which and the amounts to which the Building and the Leasehold Improvements in the Premises have been insured, and Tenant shall be entitled at reasonable times upon reasonable notice to Landlord to inspect copies of the relevant portions of all policies of insurance required in effect and a copy of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforrelevant opinions of Landlord's insurance broker.

Landlord’s Insurance. (a) Landlord may from time to time provideshall maintain on the building in which the Premises is located and on the Shopping Center a “Special Form – causes of loss” property policy of insurance, to the extent of full replacement cost. Landlord may also maintain, at Xxxxxxxx’s election, coverage for one (1) year's or more Rent loss (provided however that Landlord may require Tenant to obtain the same is available from Landlord’s Rent loss coverage in lieu of Landlord obtaining and maintaining same), earthquake and/or flood coverage, terrorism coverage, and such coverage customarily provided under an environmental protection policy. The insurance carrier, Landlord procures may include coverage on buildings or improvements other than the Premises including all of the Shopping Center; and such coverage may be obtained by Landlord as part of an umbrella or blanket insurance coverage or in amounts conjunction with other real property owned and coverages determined insured by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with and in such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementevent, Tenant shall pay to Landlord, as Additional Rent, from and after the Rent Commencement Date, Tenant's Proportionate Share of the cost of any insurance obtained, and any deductibles paid for, by Landlord. Tenant's Proportionate Share of said cost shall be allocated by using the fraction described in Section 18.1. Landlord may collect Tenant's Proportionate Share thereof in the manner provided for in Sections 18.4 and 18.5 or may separately bill Tenant for its Proportionate Share, in which event Tenant shall pay Landlord the difference between sum due on demand. Landlord’s obligation to maintain the amount paid by Xxxxxx insurance coverage described in this Section and the actual amount due, such deficiency Section 14.8 shall be deemed to be paid satisfied in the event that Landlord owns and/or controls less than the entirety of the Shopping Center and/or the Common Areas therein, or in the event that Landlord is not the operator of or charged with the obligation to maintain all of the Common Areas within thirty (30) days after the furnishing of each such statementShopping Center, and if such other owner, co-owner or operator maintains all or part of the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant insurance coverage Landlord is obligated to Landlord maintain under this Section 11.02and Section 14.8 and in such instances, the amounts charged to Landlord for such coverage shall be deemed to be part of Landlord’s cost for obtaining the required insurance coverage and shall be payable by Tenant as set forth above, or, at Landlord’s sole discretion, per the terms and provisions of Section 18.5. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) In the event that there occurs a Tenant Insurance Default (as defined in Section 13.02(f) below), then at any time thereafter during the Lease Term, Landlord may from time shall have the right (but no obligation) to time provide, to obtain and maintain at the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with expense of Tenant one or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance more replacement policies for the Shopping Center and/or regional retail development, Property Insurance for Landlord (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentas defined in Section 8.01 above), with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) deductibles as Landlord may elect determines from time to time, or as may be required by any mortgagee of the Premises, and which names Landlord (or Landlord’s mortgagee) as the sole loss payee (the “Landlord Insurance”). Landlord may (but is not obligated to) obtain and maintain such Landlord Insurance through one or more blanket policies of insurance that cover property sites and locations in addition to the Premises and personal property of Landlord in addition to the Landlord Personalty. Landlord Insurance will not be required to insure Tenant’s fixtures or equipment or building improvements paid for by Tenant. (b) Landlord may obtain commercial general liability insurance in an amount and with coverage determined by Landlord insuring Landlord against liability with respect to the Premises and any such policy obtained by Landlord will not provide primary insurance, will not be contributory and will be excess over any liability insurance maintained by Tenant. (c) Tenant will pay to Landlord as part of the Tenant Costs the premiums and other costs for the Landlord Insurance obtained and maintained by Landlord pursuant to Section 8.02(a) (“Landlord Insurance Costs”). Tenant shall not keep or do anything in the Premises that will: (i) cause an increase in the rate of any insurance on the Premises or Landlord Personalty; (ii) violate the terms of any insurance coverage on the Premises or Landlord Personalty carried by Landlord or by Tenant; (iii) rent interruption insurance. Tenant agrees prevent Landlord from obtaining such policies of insurance acceptable to pay Landlord its proportionate share (as such term is defined in Section 2.05) or any mortgagee of the total cost paid Premises; or incurred by Landlord for all (iv) violate the rules, regulations or recommendations of such insurance coverages in equal monthly installments on Landlord’s insurers, loss prevention consultants, safety engineers, the first day of each calendar monthNational Fire Protection Association, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordor any similar body having jurisdiction over the Premises. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementdoes so, Tenant shall pay to Landlord the difference between upon demand the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any increase in any such calendar year shall exceed such actual amount due from Tenant for such calendar yearinsurance premium as Additional Rent. In determining the cause of any increase in insurance premiums, such excess the schedule or rate of the organization issuing the insurance or rating procedures shall be credited against conclusive evidence of the next installment due from Tenant to Landlord under this Section 11.02items and charges which comprise the insurance rates and premiums on such property. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall obtain and keep in full force and effect at Landlord’s expense (except as otherwise provided herein) during the Lease term a minimum of the following insurance coverages for the mutual benefit of Landlord and Tenant of their respective insurable interests may appear: (a) A policy of comprehensive general public liability and property damage insurance including independent contractors, broad form property damage, personal injury and blanket contractual liability endorsements under which Tenant is named as an additional insured with a combined single limit with respect to each occurrence or each claim in an amount not less than $2,000,000 in the aggregate for bodily or personal injury, death or damage to property. (b) A Workers’ Compensation policy providing statutory benefits for Landlord’s employees, if any, and employers’ liability coverage in an amount of not less than that required by law. (c) A policy against fire and other casualty on the Building and Premises and personal property owned by Landlord may on a “special cause of loss” form sufficient to provide 100% replacement value of such real and personal property. Such policy shall contain a replacement cost endorsement (being the cost of replacing all such buildings on the Premises exclusive of the costs of excavation and footings below the lowest grade level) and a clause pursuant to which the insurance carrier waives all rights of subrogation against the Tenant with respect to losses payable under the policy. Such full replacement cost shall be determined from time to time provide(but not more frequently than once in every twelve (12) calendar months) by an appraiser, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined architect or other person or firm designated by Landlord, . Any loss under any such policy shall be adjusted with or without self the insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred company by Landlord for all and the proceeds of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by payable to Landlord, Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at and to Landlord’s option) first mortgagee if the policy so provides, as their respective insurable interests may appear. Each such policy shall be less than contain a provision that no act or omission of Landlord shall affect or limit the actual amount due from obligation of the insurance company to pay the Tenant for such year as shown on or the Landlord’s statement, Tenant shall pay to Landlord the difference between mortgagee the amount paid of any loss sustained and shall contain an agreement by Xxxxxx and the actual amount due, insurer that such deficiency to policy shall not be paid within canceled without at least thirty (30) days after prior written notice to the furnishing Landlord, Tenant and any mortgagee to whom a loss thereunder may be payable. (d) Protective liability insurance insuring Tenant and Landlord against any liability which may arise on account of alterations, additions, improvements or construction performed by the Landlord on the Premises during the Lease term, in an amount of not less than $2,000,000 combined single limit with respect to each such statementoccurrence or each claim for injury to or death of any one person and damage to property. All insurance coverages that Landlord is required to maintain under this Lease shall be effected under valid and enforceable policies issued by reputable insurers licensed and permitted to do business in the State of New York in which the Building is located, and if rated in Best’s Insurance Guide as having a General policyholder rating of “A” and a financial rating of at least Class VIII. Upon written request of the total amount paid by Tenant, Landlord shall cause certificates evidencing the issuance of such policies to be delivered to Tenant hereunder for any upon occupancy of the Premises and at least ten (10) days prior to expiration of such calendar year shall exceed such actual amount due from policies evidencing their renewal. Tenant for such calendar year, such excess shall be credited against responsible for the next installment due prompt and proper investigation of all accidents and injuries that occur or could have a bearing on the liability of the Landlord. Tenant shall investigate all accidents immediately and thoroughly with particular attention given to all pertinent facts leading up to, during and following the occurrence. Copies of any and all accident investigations shall be sent from Tenant to Landlord under this Section 11.02within 24 hours after the occurrence. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord agrees to purchase and keep in force All Risk insurance (aor its equivalent or industry replacement) in an amount equal to the replacement cost of the Buildings and Parking Structure (excluding any Tenant Improvements and Alterations that are not typical or customary for offices uses (“Specialized Tenant Improvements”) and other than Alterations for which Landlord’s consent is not obtained). In addition, Landlord may from time elect to time providepurchase insurance coverage for perils including earthquake, to the extent the same is available from Landlord’s insurance carrierflood and/or terrorist acts, in amounts and coverages with deductibles reasonably determined by Landlord. Earthquake insurance premiums incurred by Landlord and included in Reimbursable Operating Costs shall not exceed Sixteen Thousand Dollars ($16,000) per month (the “Earthquake Premium Cap”) for the first (1st) year of the Lease Term. The Earthquake Premium Cap shall be subject to increase annually commencing on the first anniversary of the Commencement Date and every anniversary thereafter in the event of an increase in the Consumer Price Index (each such anniversary date being an “Adjustment Date”). The basis for computing the adjustment shall be the U.S. Department of Labor, with Bureau of Labor Statistic’s Consumer Price Index for All Urban Consumers, All Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area (“Index”). The Index most recently published preceding the Commencement Date shall be considered the “Base Index” for the first adjustment. Thereafter, the index most recently published preceding the previous Adjustment Date shall be considered the “Base Index.” If the Index most recently published preceding the Adjustment Date (“Comparison Index”) is greater than the Base Index, the then-payable Earthquake Premium Cap shall be increased by multiplying the then-applicable Earthquake Premium Cap by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent actual increase or without self insurance retainage and/or deductiblesdecrease in the Index, insurance coverage as follows: the increase in the Earthquake Premium Cap for any Adjustment Date shall never be more than four percent (4%) of the Earthquake Premium Cap in effect immediately before such adjustment. In no event shall the Earthquake Premium Cap decrease due to a decrease in the Index. Landlord may also maintain a policy of (i) commercial general liability insurance insuring Landlord (and such others designated by Landlord) against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Shopping Center and/or regional retail developmentPremises or Project in an amount as Landlord determines is reasonably necessary for its protection, (ii) standard extended property rental loss insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements a minimum of twelve (12) months and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insuranceEnvironmental Impairment/Pollution Liability coverage. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthadditional rent, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after written invoice to Tenant, Tenant’s Allocable Share of the furnishing amount of each any deductible under such statementpolicy (subject to the cap on earthquake deductibles described in Section 9.D), and provided that if damage is confined to the total amount paid by Premises, Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against pay the next installment due from Tenant entire deductible to Landlord (subject to the cap on earthquake deductibles described in Section 9.D). It is understood and agreed that Tenant’s obligation to pay insurance premiums under this Section 11.0210.B will be prorated to reflect the Commencement Date and Expiration Date. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time covenants and agrees to time provide, at its expense, but subject to inclusion in the extent Operating Expenses, on or before the same is available from Landlord’s insurance carrier, Commencement Date and to keep in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: force during the Term (i) a commercial general liability insurance for the Shopping Center and/or regional retail developmentpolicy or successor comparable form of coverage written on an occurrence basis, including contractual liability coverage, property damage, independent contractor’s coverage and personal injury coverage, with limits equal to those customarily carried by landlords of Comparable Buildings (subject to commercially reasonable deductibles), and naming Tenant as an additional insured; and (ii) standard extended a Causes of Loss – Special Form or “All Risk” property insurance covering buildingspolicy insuring the Building against loss or damage by fire, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with theft and such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid risks or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advancehazards, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be not less than the actual amount due from full replacement cost of the Building, exclusive of the foundation, with a waiver of subrogation in favor of Tenant and subject to commercially reasonable deductibles (the “Property Policy”). Such policies shall be written by insurance companies licensed to do business in the State of South Carolina with an A.M. Best Company financial and performance rating of A-: VIII or better. Prior to the time such insurance is first required to be carried by Landlord and thereafter prior to the expiration date of any such policy, Landlord agrees to deliver to Tenant a certificate evidencing such insurance coverage. Said certificate shall be on XXXXX form. All policies must contain a waiver of subrogation against Tenant and/or Tenant’s insurer, a severability of interest clause, and a cross-liability clause and shall be primary and shall not provide for contribution of any other insurance available to Landlord, its managing agent or the holders of any such year as shown on deeds of trust or mortgages. The carrying of insurance by Landlord in compliance with this Section 7.5 shall not modify, reduce, limit or impair Landlord’s statement, obligations and liabilities under this Lease. Either the insurance provider or Landlord will notify Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within at least thirty (30) days after the furnishing days’ prior to cancelation of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of to be maintained by Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforhereunder.

Landlord’s Insurance. Landlord shall maintain during the Lease Term -------------------- commercial general liability insurance, "all-risk" insurance insuring the Building against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage, earthquake and special extended coverage. Such coverage shall be written for one hundred percent (a100%) of the replacement cost value of the Building, without deduction for depreciation, and shall be from such companies, and on such other terms and conditions as Landlord may from time to time providereasonably determine. Such insurance coverage shall also include a rental loss endorsement (12 months)and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Real Property or the ground or underlying lessors of the Real Property, or any portion thereof. Such policy shall also contain a "stipulated value" endorsement deleting any co- insurance provisions. Notwithstanding the foregoing provisions of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building shall at a minimum be comparable to the extent the same is available from Landlord’s coverage and amounts of insurance carrier, in amounts which are carried by institutional landlords of Comparable Buildings. Landlord shall also carry Worker's Compensation and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance Employee's Liability coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentrequired by applicable law. Upon inquiry by Tenant, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insuranceLandlord shall inform Tenant of all such insurance carried by Landlord and provide Tenant with certificates relating thereto. Tenant agrees shall, at Tenant's expense, comply as to pay the Premises with all customary insurance company requirements pertaining to the use of the Premises to the extent consistent with the insurance company requirements imposed at the Comparable Buildings. If Tenant's conduct or use of the Premises other than for the uses permitted under Section 5.1 of this Lease causes any increase in the premium for such insurance policies, then Tenant shall, following notice from Landlord its proportionate share either (as i) cease such term is defined in Section 2.05conduct or use, or (ii) reimburse Landlord for any such increase. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body to the extent consistent with the rules, orders, regulations or requirements imposed at the Comparable Buildings. Landlord may carry earthquake and flood insurance with a deductible of not less than five percent (5%) of the total cost paid or incurred by replacement value of the Building at the time of loss and not more than the amount of deductible then customarily maintained under similar insurance with respect to Comparable Projects, and Tenant will reimburse Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02premium cost thereof. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall maintain property insurance written on a Special Form (aformerly known as “all risk”) basis covering the Property and the Building, including the initial Tenant Improvements (excluding, however, Tenant’s furniture, equipment and other personal property and Alterations, unless Landlord otherwise elects to insure the Alterations pursuant to Section 13.1 above) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, rental loss coverage, at Landlord’s option, earthquake damage coverage, and such additional coverage as Landlord deems appropriate. Landlord shall also carry commercial general liability in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a similar building in the state in which the Building is located. At Landlord’s option, all such insurance may be carried under any blanket or umbrella policies that Landlord has in force for other buildings and projects. In addition, at Landlord’s option, Landlord may from time elect to time provideself-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to carry any other form or forms of insurance as Landlord or the Mortgagees or ground lessors of Landlord may reasonably require. The cost of insurance obtained by Landlord pursuant to this Article 15 (including self-insured amounts and deductibles which to the extent expended to acquire capital items shall be amortized over the same is available from Landlord’s insurance carrieruseful life of the acquired capital item) shall be included in Insurance Costs, except that any increase in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance the premium for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within attributable to the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) replacement cost of the total cost paid or incurred by Landlord for all Tenant Improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthBuilding standard shall not be included as Insurance Costs, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due invoice from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Landlord. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall maintain property insurance written on a Special Form (aformerly known as “all risk”) basis covering the full replacement cost of the Property and the Building, including the initial Tenant Improvements (excluding, however, Tenant’s furniture, equipment and other personal property, Tenant Improvements and Alterations, unless Landlord otherwise elects to insure the Alterations pursuant to Section 13.1 above) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, rental loss coverage, at Landlord’s option, earthquake damage coverage, and such additional coverage as Landlord deems appropriate. Landlord shall also carry commercial general liability in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a Comparable Building. At Landlord’s option, all such insurance may be carried under any blanket or umbrella policies that Landlord has in force for other buildings and projects. In addition, at Landlord’s option, Landlord may from time elect to time provideself-insure all or any part of such required insurance coverage, provided that the waiver of subrogation clause pursuant to Article 19 below shall apply to Landlord to the extent of any insurance coverage with respect to which Landlord elects to self-insure. Landlord may, but shall not be obligated to carry any other form or forms of insurance as Landlord or the same Mortgagees or ground lessors of Landlord may reasonably determine is available from Landlord’s advisable. The cost of insurance carrier, in obtained by Landlord pursuant to this Article 15 (including self-insured amounts and coverages determined by Landlorddeductibles) shall be included in Insurance Costs, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance except that any increase in the premium for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within attributable to the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) replacement cost of the total cost paid or incurred by Landlord for all Tenant Improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthBuilding standard shall not be included as Insurance Costs, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due invoice from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Landlord. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time agrees, during the term hereof, to time provide, to the extent the same is available from Landlord’s 's insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage against such risks as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) are from time to time included in a standard extended coverage endorsement, insuring 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 insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such of Tenant). Landlord may also carry at its option special extended coverage endorsements and other special insurance coverages coverage (including, without limitation, earthquakeearthquake coverage). Tenant shall submit to Landlord an itemized statement setting forth the cost of such improvements promptly after completion thereof and Tenant shall provide to Landlord, terrorismwithin thirty (30) days after the end of each lease year of the term hereof, coastal windstorm and flood coverages) as a written appraisal of the then current replacement value of the leasehold improvements to the leased premises, which appraisal shall be certified by an independent insurance appraiser. In the event Tenant fails to provide such itemized statement or any such appraisal, Landlord may elect from time shall have the right to timeestimate the value of said improvements, (iii) rent interruption insurancewhich estimate shall be binding upon Tenant. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of for the total cost paid or incurred by Landlord for of so insuring such improvements, including, without limitation, the payment of all of applicable deductible amounts, such insurance coverages payments (other than deductible amounts) to be made in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage provided, however, that Landlord may elect to bill Tenant for such costs on a basis less frequent than monthly. Dexxxxible amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written upon notice from Landlord. Subsequent to the receipt by Landlord of an invoice for such insurance premium, Landlord shall furnish Tenant with a written statement setting forth such cost. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s 's option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s such statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.0211.2. (b) Landlord agrees, during the term hereof, to carry rent interruption insurance, which insurance may be carried in amounts equal to Tenant's total minimum rent obligation for twelve (12) full months (or such other period as Landlord may elect) under this Lease plus the total of the estimated costs to Tenant of taxes, assessments, insurance premiums and common area maintenance costs for such twelve (12) month period (or such other period as Landlord may elect.) Tenant agrees from time to time, to reimburse Landlord for the total cost of such insurance, such reimbursement to be made within ten (10) days after receipt of a written statement from Landlord setting forth such cost. (c) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor. The cost of the foregoing insurance under this Section 11.2 is a part of the cost of the property insurance which may be included in the costs and expenses set forth in Section 8.3 hereof. To the extent that the foregoing insurance costs shall be so included under Section 8.3 and Tenant shall pay its proportionate share of costs and expenses pursuant to said Section 8.3, such insurance costs shall not be separately charged to Tenant under this Section 11.2.

Landlord’s Insurance. During the Term, the Landlord shall place insurance coverage on and with respect to the Project excluding the area(s) to be insured by the Tenant as set out in Section 9.02, which coverage shall include the following, if available at reasonable cost in the opinion of the Landlord; (a) all risks insurance for the full reconstruction value of the Project, excluding Leasehold Improvements, as determined by the Landlord; (b) as an extension to the insurance maintained pursuant to Section 9.01(a), insurance on the rental income derived by the Landlord may from the Project on a gross rental income form with a period of indemnity of not less than the period as estimated by the Landlord from time to time providewhich would be required to rebuild and, if necessary, to re-tenant the extent Project in the same event of the complete destruction thereof; (c) boiler and machinery insurance, including repair or replacement and rental income coverage, if applicable; (d) plate glass insurance (not including plate glass fronting or within the Leased Premises) if deemed appropriate by the Landlord; (e) bodily injury and property damage liability insurance; and (f) such other insurance which is available from Landlord’s or may become customary or reasonable for owners of projects similar to the Project to carry in respect of loss of, or damage to, the Project or liability arising therefrom. The insurance carrier, referred to in this Section shall be carried in amounts determined reasonably by the Landlord. The insurance shall be written in the name of the Landlord with loss payable to the Landlord and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: to any mortgagee (iincluding any trustee under a deed of trust and mortgage) commercial general liability insurance for of the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect Project from time to time. The policies of insurance referred to in Sections 9.01(a), (iiib), (c) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share and (as such term is defined in Section 2.05d) shall contain a waiver of the total cost paid or incurred insurer's right of subrogation as against the Tenant if available to the Landlord at no additional cost. Notwithstanding any contribution by Landlord the Tenant to insurance premiums as provided for all of such insurance coverages in equal monthly installments on this Lease, no insurable interest is conferred upon the first day of each calendar month, in advance, in an amount estimated Tenant under policies carried by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from the Landlord. If Except as specifically provided in this Lease, the total amount paid by Landlord shall in no way be accountable to the Tenant under this Section for regarding the use of the insurance proceeds arising from any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Claims. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. The Landlord will obtain and maintain in good standing: (a) Landlord may from time all risks property insurance for the Land and Building, including drain and sewer backup, earthquake and flood insurance, on a replacement cost basis, including the cost of foundations and excavation, increased costs due to time providebylaws and codes and soft redevelopment costs, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined with a deductible not exceeding that which would be obtained by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: a prudent owner; (ib) commercial general liability insurance for with respect to the Shopping Center and/or regional retail developmentLand and Building, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with including products and completed operations and blanket contractual liability and such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect risks against which a prudent owner would insure from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlordof at least $10,000,000 for claims for personal injury, bodily injury, death or property damage arising out of any one accident or occurrence; Tenant’s proportionate share and (c) boiler and machinery insurance on a comprehensive form in respect of deductible amounts any boilers, pressure vessels and self electrical and mechanical equipment in the Building, on a replacement cost basis with a bylaws and soft costs endorsement. The Landlord will place such insurance coverage amounts shall be with a reputable insurance company licensed to do business in the Province. Any insurance proceeds available in the event of loss, damage, or destruction to the Land and Building which are not paid by the insurer directly for the repairing or rebuilding of the Land and Building will be payable to the Landlord. The Landlord may cause such policies to include the Landlord’s lenders as loss payees as their interests may appear. The Landlord will cause any policy which it obtains pursuant to section 10.3(b) to include cross liability and severability of interest clauses. The Landlord will cause all policies which it obtains pursuant to this section 10.3 to waive the insurer’s rights of subrogation against the Tenant following and its employees, agents, contractors and subcontractors and the Landlord hereby waives its rights of recovery against such parties. The Landlord, on reasonable request by the Tenant from time to time, will deliver to the Tenant certificates of insurance and certificates of renewal to evidence the insurance which the Landlord is required to obtain. All such certificates will contain a casualty occurrence within ten (10)thirty (30) provision requiring 30 days following written notice from Landlord. If to the total amount paid by Tenant under this Section for any calendar, lease certificate holder of either material change or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02cancellation. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall insure the Building during the Lease Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Such coverage shall be full replacement cost (a) excluding commercially reasonable deductibles), from such companies, and on such other terms and conditions, as Landlord may from time to time providereasonably determine. Landlord shall also carry rent continuation insurance. Additionally, at the option of Landlord, such insurance coverage may include the risks of earthquakes and/or flood damage and additional hazards, a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Building or the ground or underlying lessors of the Building, or any portion thereof. Notwithstanding the foregoing provisions of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building shall, at a minimum, be comparable to the extent coverage and amounts of insurance which are carried by reasonably prudent landlords of the same is available from Landlord’s Comparable Buildings (provided that in no event shall Landlord be required to carry earthquake insurance). In accordance with the foregoing, Landlord agrees to initially carry, at a minimum, the following types of insurance carrier, in amounts and coverages determined which are carried by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followsthe reasonably prudent landlords of the Comparable Buildings: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentliability, (ii) standard extended property insurance covering buildingsumbrella liability, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitationprofessional liability, earthquake, terrorismemployment practices and risk management services; provided, coastal windstorm however, although Landlord agrees to initially carry the foregoing coverage, under no circumstances shall Landlord be obligated to carry such coverage (or any other coverage) during the Lease Term and/or any extension thereto; provided further, however, the foregoing is not intended to release Landlord of its express obligation to carry certain coverage and flood coverages) as Landlord may elect from time amounts of coverage pursuant to time, (iii) rent interruption insurancethe terms of this Section 10.2 above. Tenant agrees shall, at Tenant’s expense, comply with all customary insurance company requirements pertaining to pay Landlord its proportionate share (as such term is defined in Section 2.05) the use of the total cost paid Premises. If Tenant’s conduct or incurred by Landlord use of the Premises causes any increase in the premium for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, policies then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant’s expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under this Section 11.02American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (3010) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. The Fixed Minimum Rent payable hereunder includes Tenant’s Proportionate Share of all costs and expenses incurred by Landlord for insurance (a“Landlord’s Insurance”) Landlord may from time to time provide, covering or relating to the extent Property or the same is available from Landlord’s insurance carrieroperation thereof, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquakecasualty, terrorismliability, coastal windstorm worker’s compensation and flood coverages) as Landlord may elect from time to timerental insurance, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such during the term is defined of this Lease in Section 2.05) excess of the total cost paid or incurred by Landlord for all costs and expenses of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than Insurance during the actual amount due from Tenant for such year as shown on Landlord’s statement, Base Year. Tenant shall pay to Landlord in equal monthly installments, in advance and together with payments of Fixed Minimum Rent, an amount equal to one-twelfth (1/12) of the difference between estimated amount of Tenant’s Proportionate Share of all costs and expenses incurred by Landlord for insurance (“Landlord’s Insurance”) covering or relating to Landlord’s Property or the operation thereof, including, without limitation, casualty, liability, worker’s compensation and rental insurance, during the term of this Lease in excess of the costs and expenses of Landlord’s Insurance during the Base Year based upon an amount paid by Xxxxxx of Zero and the actual amount due, such deficiency to be paid within 11/100ths Dollars ($0.11) per square foot per annum. Within thirty (30) days after the furnishing actual amount of each Tenant’s Proportionate Share of Landlord’s Insurance has been determined by Landlord, based on the actual cost and expense of Landlord’s Insurance, Landlord shall so notify Tenant and Tenant shall pay to Landlord or Landlord shall credit to Tenant’s account for future payments of Landlord’s Insurance, as the case may be, the difference between the estimated amount of Tenant’s Proportionate Share of Landlord’s Insurance theretofore paid to Landlord for such statement, year and if the total actual amount paid of Tenant’s Proportionate Share of Landlord’s Insurance for such year. The amount payable by Tenant hereunder pursuant to this Section 2.5 for any such calendar the year shall exceed such actual amount due from Tenant for such calendar year, such excess in which this Lease commences or terminates shall be credited against prorated based on the next installment due from Tenant to Landlord under this Section 11.02number of days in such partial year. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall maintain in full force and effect during the Term of this Lease, subject to reimbursement as provided in Section 6, policies of insurance which afford such coverages as are commercially reasonable and as is consistent with other properties in Landlord's portfolio. Landlord shall also procure such additional insurance coverage as Tenant shall reasonably request Landlord to obtain; provided, however, notwithstanding anything to the contrary contained herein, Tenant shall pay, and shall be solely responsible for, any and all cost, premiums and expenses of any such additional insurance, as Additional Rent, and Tenant shall pay same to Landlord within ten (a10) days of Landlord's demand therefor. Landlord may shall obtain and keep in force during the Term of this Lease, as an item of Operating Expenses, a policy or policies in the name of Landlord, with loss payable to Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises ("Lender(s)"), insuring loss or damage to the Building, including all improvements, fixtures (other than trade fixtures) and permanent additions, rental interruption insurance for twelve (12) months' rent, and if available, off- premises services coverage. However, all alterations, additions and improvements made to the Premises by Tenant (other than the Tenant Improvements) shall be insured by Tenant rather than by Landlord. The amount of such insurance procured by Landlord shall be equal to the full replacement cost of the Building (excluding the cost of excavation and installation of footings), including all improvements and permanent additions as the same shall exist from time to time providetime, to or the extent the same is available from amount required by Lenders. At Landlord’s insurance carrier's option, in amounts and coverages determined by Landlord, with such policy or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages policies shall insure against all risks of direct physical loss or damage (including, without limitation, the perils of earthquake), terrorism, coastal windstorm including coverage for any additional costs resulting from debris removal and flood coverages) as Landlord may elect from time reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of Building required to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) be demolished or removed by reason of the total cost paid enforcement of any building, zoning, safety or incurred land use laws as the result of a covered cause of loss. If any such insurance coverage procured by Landlord for all has a deductible clause, the deductible shall not exceed commercially reasonable amounts, and in the event of any casualty, the amount of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by an item of Operating Expenses as so limited. Notwithstanding anything to the contrary contained herein, to the extent the cost of maintaining insurance with respect to the Building and/or any other improvements within the Project is increased as a result of Tenant's acts, omissions, alterations, improvements (including without limitation, the Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If Improvements), use or occupancy of the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementPremises, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx one hundred percent (100%) of, and the actual amount duefor, such deficiency to be paid within thirty (30increase(s) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02as Additional Rent. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Subject to Tenant's reimbursement, Landlord shall provide fire, lightning, and extended coverage (a"all risk") Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, such additional insurance coverage as follows: may be required by Landlord's mortgagee (iincluding "loss of rents" insurance) commercial general liability insurance on the building, of which the Demised Premises is a part, for the Shopping Center and/or regional retail developmentfull replacement value thereof or such value as is required by Landlord's mortgagee, whichever is greater, against such loss. Tenant shall reimburse Landlord, as additional rental hereunder, for Tenant's proportionate share (iidetermined in the same manner as Tenant's proportionate share of taxes and assessments herein above) standard extended property of the costs of the insurance covering buildingspremium therefor within ten (10) days from the date Landlord submits to Tenant a statement setting forth the amount due Landlord under the provisions of this paragraph, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to Tenant agrees that it will not at any time, (iii) rent interruption insuranceduring the term of this Lease, carry any stock of goods or do anything in or about the demised Premises which will in any way tend to increase the insurance rates upon the building of which the Demised Premises are a pari. In addition to Tenant's proportionate share of the costs of insurance premiums as described herein, Tenant agrees to pay to Landlord its proportionate share (as forthwith upon demand the amount of any increase in premiums for insurance against loss by the that may be charged during the term of this Lease on the amount of insurance to be carried by Landlord on the building of which the Demised Premises are a part resulting from the foregoing or from Tenant doing any act in or about said Demised Premises which does so increase the insurance rates, whether or not the Landlord shall have consented to such term is defined in Section 2.05) act on the part of Tenant. If Tenant installs upon the Demised Premises any electrical equipment which constitutes an overload on the electrical lines of the total cost paid or incurred by Landlord for all Demised Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters, nothing herein contained shall be deemed to constitute Landlord's consent to such insurance coverages in equal monthly installments on the first day overloading. Tenant shall pay 1/1 2 of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s 's proportionate share of deductible amounts the estimated annual building insurance premium in advance each month along with the minimum rental payment. (See Lease Rider "A" Building Expenses attached hereto and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02incorporated herein. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.)

Landlord’s Insurance. Landlord shall maintain in full force and effect during the Term of this Lease, subject to reimbursement as provided in Section 6, policies of insurance which afford such coverages as are commercially reasonable and as is consistent with other properties in Landlord's portfolio. Notwithstanding the foregoing, Landlord shall obtain and keep in force during the Term of this Lease, as an item of Operating Expenses, a policy or policies in the name of Landlord, with loss payable to Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises (a"Lender(s)"), insuring loss or damage to the Building, including all improvements, fixtures (other than trade fixtures) and permanent additions. However, all of the Tenant's Property shall be insured by Tenant rather than by Landlord. The amount of such insurance procured by Landlord may shall be equal to at least eighty percent (80%) of the full replacement cost of the Building, including all improvements and permanent additions as the same shall exist from time to time providetime, to or the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined amount required by Landlord, with Lenders. Such policy or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages polices shall insure against all risks of direct physical loss or damage (including, without limitation, the perils of flood and earthquake), terrorism, coastal windstorm including coverage for any additional costs resulting from debris removal and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the total cost paid Building required to be demolished or incurred removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. If any such insurance coverage procured by Landlord for all has a deductible clause, the deductible shall not exceed commercially reasonable amounts, and in the event of any casualty, the amount of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following an item of Operating Expenses as so limited. Notwithstanding anything to the contrary contained herein, to the extent the cost of maintaining insurance with respect to the Premises is increased as a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If result of Tenant's acts, omissions, use or occupancy of the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementPremises, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx one hundred percent (100%) of, and the actual amount duefor, such deficiency increase(s) as Additional Rent. Insurance required to be paid within thirty maintained by Landlord shall be written by companies (30i) days after licensed to do business in the furnishing State of each such statementCalifornia, (ii) domiciled in the United States of America, and if (iii) having a "General Policyholders Rating" of A:X or, only with respect to the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar yearLandlord named herein as of the Lease Date, at least A-:VIII, or in either case, such excess higher rating as may be required by a lender having a lien on the Premises, as such ratings are set forth in the most current issue of "A.M. Best's Rating Guides." Any deductible amounts under any of the insurance policies required hereunder shall be credited against not exceed commercially reasonable amounts. Landlord shall have the next installment due from Tenant right to provide insurance coverage which it is obligated to carry pursuant to the terms of this Lease under a blanket insurance policy, provided such blanket policy expressly affords coverage as required by this Lease. Additionally, all of such policies shall provide for severability of interest. The limits of insurance maintained by Landlord shall not limit Landlord's liability under this Section 11.02Lease. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Subject to Tenant's reimbursement, Landlord shall provide fire, lightning, and extended coverage (a"all risk") Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, such additional insurance coverage as follows: may be required by Landlord's mortgagee (iincluding "loss of rents" insurance) commercial general liability insurance on the building, of which the Demised Premises is a part, for the Shopping Center and/or regional retail developmentfull replacement value thereof or such value as is required by Landlord's mortgagee, whichever is greater, against such loss. Tenant shall reimburse Landlord, as additional rental hereunder, for Tenant's proportionate share (iidetermined in the same manner as Tenant's proportionate share of taxes and assessments herein above) standard extended property of the costs of the insurance covering buildings, improvements and/or leasehold improvements premium therefore within ten (10) business days from the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as date Landlord may elect from time submits to Tenant a statement setting forth the amount due Landlord under the provisions of this paragraph. Tenant agrees that it will not at any time, (iii) rent interruption insuranceduring the term of this Lease, carry any stock of goods or do anything in or about the demised Premises which will in any way tend to increase the insurance rates upon the building of which the Demised Premises are a part. In addition to Tenant's proportionate share of the costs of insurance premiums as described herein, Tenant agrees to pay to Landlord its proportionate share (as forthwith upon demand the amount of any increase in premiums for insurance against loss by fire that may be charged during the term of this Lease on the amount of insurance to be carried by Landlord on the building of which the Demised Premises are a part resulting from the foregoing or from Tenant doing any act in or about said Demised Premises which does so increase the insurance rates, whether or not the Landlord shall have consented to such term is defined in Section 2.05) act on the part of Tenant. If Tenant installs upon the Demised Premises any electrical equipment which constitutes an overload on the electrical lines of the total cost paid or incurred by Landlord for all Demised Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters, nothing herein contained shall be deemed to constitute Landlord's consent to such insurance coverages in equal monthly installments on the first day overloading. Tenant shall pay 1/12 of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s 's proportionate share of deductible amounts the estimated annual building insurance premium in advance each month along with the minimum rental payment. (See Lease Rider "A" Building Expenses attached hereto and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02incorporated herein. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.)

Landlord’s Insurance. (a) Landlord may from time to time provideshall, at its cost and expense, at all times during the initial Term of this Lease, and any extensions thereof, maintain in effect a policy or policies of insurance covering the Premises providing protection against any peril included under insurance industry practices within the classification "fire and extended coverage", providing protection to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: of not less than ninety percent (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.0590%) of the total cost paid insurable value of the Premises, together with insurance against vandalism and malicious mischief. Landlord hereby waives any and all right of recovery against Tenant, except those losses which are due to negligence or incurred misconduct of Tenant, for any loss occurring to the Premises on account of fire or other casualty, and the aforesaid policy or policies of insurance shall contain appropriate provision recognizing this release by Landlord and waiving all rights of subrogation by the insurance carrier. Landlord shall obtain and maintain a policy or policies of insurance written by a responsible company or companies covering the premises and providing insurance coverage for all bodily injury and property damage, which coverage in the case of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, bodily injury to one person shall be in an amount estimated not less than One Million Dollars ($1,000,000.00) and in the case of bodily injury to more than one person as a result of one accident in an amount not less than Two Million Dollars ($2,000,000.00) and not less than One Million Dollars ($1,000,000.00) for damage to property. Such insurance may be blanketed with other insurance carried by Landlord so long as such blanketing with other insurance does not reduce the amount of insurance available to pay any claim with respect to the Building. The County Board of Arlington County, its officers, elected and appointed officials, and employees are to be named as additional insureds under all coverages maintained by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant Coverage afforded under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than primary in respect to the actual amount due from Tenant for Tenant, its elected and appointed officials, agents and employees. The following definition of the term “Tenant” applies to all policies issued under this Lease: “The County Board of Arlington, Virginia and any affiliated or subsidiary Board, Authority, Committee, or Independent Agency, provided that such year as shown on Landlord’s statementaffiliated or subsidiary Board, Tenant Authority, Committee, or Independent Agency is either a Body Politic created by the County Board of Arlington County, Virginia, or one in which controlling interest is vested in Arlington County.” All insurance policies required of Landlord hereunder shall pay be endorsed to Landlord include the difference between the amount paid by Xxxxxx and the actual amount duefollowing provision: “It is agreed that this policy is not subject to cancellation, such deficiency to be paid within non-renewal, material change, or reduction in coverage until thirty (30) days after prior written notice has been given to Arlington County Virginia.” Therefore, the furnishing words “endeavor to” and “but failure to mail such notice shall impose no obligation of each such statementliability of any kind upon the company, its agents, or representatives” are to be eliminated from the cancellation provision of standard XXXXX certificates of insurance. Landlord shall provide Tenant with a certificate of insurance evidencing the required coverages prior to the commencement of this Lease and if thereafter on an annual basis during the total amount paid by Tenant hereunder for Term of the Lease and any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02extensions thereof. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall maintain property insurance written on a Special Form (aformerly known as “all risk”) basis covering the Property and the Building, including the initial tenant improvements (excluding, however, Tenant’s furniture, equipment and other personal property and Alterations, unless Landlord may from time otherwise elects to time provideinsure the Alterations pursuant to Section 13.1 above) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, to the extent the same is available from rental loss coverage, at Landlord’s insurance carrieroption, in amounts earthquake damage coverage, and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance such additional coverage as follows: (i) Landlord deems appropriate. Landlord shall also carry commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, in such reasonable amounts and with such special extended coverage endorsements reasonable deductibles as would be carried by a prudent owner of a similar building in the state in which the Building is located. At Landlord’s option, all such insurance may be carried under any blanket or umbrella policies that Landlord has in force for other buildings and other special insurance coverages (includingprojects. In addition, without limitationat Landlord’s option, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to timeself-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to carry any other form or forms of insurance as Landlord or the Mortgagees or ground lessors of Landlord may reasonably determine is advisable. The cost of insurance obtained by Landlord pursuant to this Article 15 (iiiincluding self-insured amounts and deductibles) rent interruption insurance. Tenant agrees shall be included in Insurance Costs, except that any increase in the premium for the property insurance attributable to pay Landlord its proportionate share (as such term is defined in Section 2.05) the replacement cost of the total cost paid or incurred by Landlord for all tenant improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthBuilding standard shall not be included as Insurance Costs, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due invoice from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Landlord. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. At all times during the Term, Landlord, at its sole cost and expense, shall maintain insurance that insures the Premises, the FF&E [and the Excluded Premises] (abut excluding Tenant’s Personal Property) against damage and destruction by fire, vandalism, malicious mischief, sprinkler damage and other perils customarily covered under an All Risk form property insurance policy (but also specifically including coverage for earthquake and flood) in an amount equal to one hundred percent of the full insurance replacement value (replacement cost new, including, boiler and machinery coverage, debris removal and demolition) thereof. Landlord, at no cost to the Tenant, shall procure and keep in effect at all times during the Term Commercial General Liability (CGL) insurance with limits of Ten Million Dollars ($10,000,000) each occurrence and in the aggregate applicable to each location separately (so long as per location aggregates are available at commercially reasonable rates) for bodily injury and property damage, including contractual liability (including the tort liability of another assumed in a business contract), independent contractors, broad-form property damage, fire damage legal liability, personal injury and advertising injury (employee and contractual liability exclusions deleted), products and completed operations, and explosion, collapse and underground (XCU), covering claims where Landlord may from time or Tenant are deemed legally liable. Landlord’s commercial general liability policy shall be primary as respects premises liability and Tenant’s general liability insurance (as outlined in Section 15.2 below) shall be secondary, and Tenant’s general liability insurance carrier shall not be required to time providemake any contribution to Landlord’s insurance carrier. Notwithstanding anything to the contrary in the foregoing, to the extent Tenant is deemed liable due to the same is available from gross negligence or willful misconduct of Tenant or its Agents, employees or contractors, Tenant’s general liability insurance shall be primary and Landlord’s general liability policy shall be secondary and Landlord’s general liability insurance carrier shall not be required to make any contribution to Tenant’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage . Landlord shall cause Tenant to be named as follows: (i) commercial an additional insured on the general liability insurance for policies procured by Landlord under this Section 15.1. Prior to or contemporaneous with the Shopping Center and/or regional retail development, execution of this Lease (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect requested by Tenant from time to time), Landlord shall deliver to Tenant certificates of insurance (iii) rent interruption insurancewith Tenant listed as an additional insured), evidencing the above described coverage. Tenant agrees The insurance shall not be cancelable or subject to pay Landlord its proportionate share (as such term is defined in Section 2.05) material reduction of the total cost paid coverage or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall otherwise be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay subject to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within material modification except after thirty (30) days after days’ prior written notice to Tenant. Failure by Landlord to maintain any insurance specifically required hereunder shall not relieve Landlord from any liability under this Lease, nor shall the furnishing insurance requirements hereof be construed to conflict with or otherwise limit any contractual obligations, including those of each such statementindemnification, and if of Landlord contained herein. In the total amount paid event Landlord shall fail to maintain the insurance coverage required by this Lease, Tenant may (but shall be under no obligation to) obtain the required policies of insurance. All amounts advanced by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant in payment of the required premiums for such calendar year, such excess insurance shall be credited against reimbursed to Tenant as provided in Section 14.3 (Landlord’s Default). Tenant shall be subject to and follow Landlord’s current insurance or risk management policies and procedures (the next installment “Risk Management Policies and Procedures”), related claims handling policies and procedures and Landlord’s response and remediation guidelines for water, moisture and mold infiltration and any modifications to such policies and procedures which are applied by ASOT generally to properties in its portfolio; provided any modifications to the current policies and procedures shall not be binding upon Tenant unless and until Tenant has received thirty (30) days’ prior notice thereof from Landlord. Landlord has provided Tenant with the foregoing current materials. Failure to follow the Risk Management Policies and Procedures or to report claims or incidents with respect to such matters that could give rise to claims could void coverage. Any such claims coverage, which becomes voided or not available due from Tenant to Landlord under this Section 11.02the Tenant’s not following procedures above, will be the sole financial responsibility of Tenant. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord shall, as part of the Operating Expenses, maintain fire and extended coverage insurance on the Building and the Premises (which may include vandalism and malicious mischief coverage) and such endorsements as Landlord may require or is otherwise reasonably consistent with other similarly situated buildings) in an amount not less than the full replacement value thereof (which may be exclusive of foundations), or in such amounts as Mortgagee shall require, with such deductibles as shall be determined by Landlord from time to time. Landlord reserves the right to self-insure the Building so long as a financial institution such as an insurance company, bank, savings and loan association, or pension fund having a net worth of at least $100 million owns an interest in the Building of 50% or more. All insurance obtained by Landlord in connection with the Building shall be passed through to the tenants of the Building, including Tenant, as part of the Operating Expenses, and payments for losses thereunder shall be made solely to Landlord or Mortgagee as their interests shall appear. In the event of self-insurance, the premium cost equivalency of such policy or policies shall be a part of the Operating Expenses. (b) Landlord shall, as part of the Operating Expenses, maintain a policy or policies of commercial general liability insurance with respect to the Common Areas and the activities thereon in such amounts as Landlord or any Mortgagee may require. In the event of self-insurance (as referenced in Paragraph 18(a) above), the premium cost equivalency of such policy or policies shall be part of the Operating Expenses. (c) Landlord may purchase insurance for windstorm, flood, plate glass, sign, automobile, sinkhole, business income, rent loss, liquor liability and such other insurance which Landlord or any Mortgagee may require in their sole discretion and with such deductibles as Landlord may desire. The costs of all such insurance shall be part of the Operating Expenses. (d) Landlord may hereafter raise or lower such coverage in such amounts as may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay prudent to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02its sole discretion. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in an ISO “Special Form” policy (formerly known as an “all-risk” policy) insuring Landlord (and Landlord’s lender as a loss payee) against loss from physical damage to the Premises with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than twelve (12) months, together with endorsements to cover any additional work required to comply with any Applicable Laws at the time of restoration. Such fire and property damage insurance, at Landlord’s election, but without any requirements on Landlord’s behalf to do so, (i) may be written in so-called “all risk” form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; and/or (ii) may provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof. Landlord shall not be required to cause such insurance to cover any of Tenant’s personal property, inventory or trade fixtures or any modifications, or any Alterations made or constructed by Tenant to or within the Premises after the Commencement Date. No such policy for fire and property damage insurance required to be maintained by Landlord pursuant to this paragraph shall have a deductible greater than Fifty Thousand Dollars ($50,000.00), unless approved in writing by Tenant. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and Landlord’s lender as an additional insured) against liability for personal injury, bodily injury, death and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Five Million Dollars ($5,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s lender may from time to time providedetermine is reasonably necessary for the adequate protection of Landlord and the Property, to provided that such limit shall in no event exceed the extent limit commonly carried by owners of property similarly situated and operating under similar circumstances unless as part of an Umbrella or blanket policy covering more than the same is available from Property (in which case the Property’s allocable share of the premium for such above-market limit may not exceed the premium that would be payable for a limit commonly carried by owners of property similarly situated and operating under similar circumstances). Any deductible for Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for will not be included in Operating Expenses. (c) Landlord may insure against loss or damage to the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within located on the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, Property caused by earthquake or Differences in Conditions. In the event of damage due to an earthquake, terrorismLandlord shall bear the cost of any deductible payable in connection therewith, coastal windstorm except to the extent of Tenant’s pro rata share of such deductible (i.e., 100%, unless and flood coveragesuntil the Multi-Tenant Provisions become effective), amortized as a Capital Expense pursuant to the provisions of Section 4.3 above. In no event shall Tenant be responsible for any shortfall amount of such earthquake insurance proceeds. (d) as Landlord may elect from time to time, (iii) rent interruption procure pollution insurance. Tenant agrees to pay Landlord its proportionate share (as If such term insurance is defined procured for a multi-year period, the costs of such coverage will be included in Section 2.05) of Operating Expenses on an amortized basis over the total cost paid or incurred by Landlord for all period of such insurance coverages in equal monthly installments on coverage (as if the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following cost were a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Capital Expense and the actual amount due, useful life of such deficiency to be paid within thirty (30) days after Capital Expense were the furnishing term of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02coverage). (be) Any Landlord may maintain any other commercially reasonable insurance required which in the reasonable opinion of Landlord hereunder may be furnished by its insurance broker, advisor or for Landlord legal counsel is prudent in carry under any blanket or umbrella policy the given circumstances, provided such insurance is available at commercially reasonable rates and commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. As part of Common Expenses, Landlord shall maintain (a) Landlord may from time to time provide, policies of commercial property insurance ("special cause of loss" with replacement cost endorsement) covering loss of or damage to the extent the same is available from Project, including all permanent improvements and alterations that will become Landlord’s 's property even if installed by Tenant, which insurance carrier, in amounts shall include flood and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: earthquake coverage; (ib) commercial general liability insurance for in an amount and with coverage determined by Landlord insuring Landlord against liability arising out of ownership, operation, use or occupancy of the Shopping Center and/or regional retail development, Project; and (iic) standard extended property a rental income insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentpolicy, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time loss payable to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advanceLandlord, in an amount estimated equal to one year's Base Rent, plus the estimate of Tenant's Share of Common Expenses Real Property Taxes and insurance premiums. The policy obtained by Landlord shall not be contributory and shall not provide primary insurance. Landlord shall not obtain insurance for Tenant's fixtures or equipment or Building improvements installed by Tenant in the Premises. Tenant acknowledges that Landlord; Tenant’s proportionate share 's insurance, through primary policies, special coverages or umbrella policies, may at Landlord's option be such as to include coverage for Hazardous Materials contamination and the liabilities flowing therefrom, provided that the cost of deductible amounts and self insurance specific Hazardous Materials coverage amounts shall be paid approximately $[*] per year (adjusted over time consistent with general increases in environmental insurance costs and to reflect any risk experience of Tenant in particular), with a deductible of no less than $[*] and on which Tenant shall be named as an additional insured. In the event of use of umbrella policies, the cost of environmental insurance shall be reasonably allocated by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from LandlordLandlord based on the experience/risk of the various properties if such matters are taken into account by the carrier in setting premiums. If the total Common Expenses shall include any commercially reasonable deductible amount paid by Tenant under insurance policies maintained pursuant to this Section for any calendar6.9, lease or fiscal year (at other than Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, 's liability insurance policy. Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency not do or permit anything to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for done which invalidates any such calendar year shall exceed insurance policies or increases the cost thereof (unless Tenant pays the cost of such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02increase). (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall maintain in full force and effect during the Term of this Lease, subject to reimbursement as provided in Section 6, policies of insurance which afford such coverages as are commercially reasonable and as is consistent with other properties in Landlord’s or Landlord’s affiliates’ portfolio. Notwithstanding the foregoing, Landlord shall obtain and keep in force during the Term of this Lease, as an item of Operating Expenses, a policy or policies in the name of Landlord, with loss payable to Landlord and to the holders of any mortgages, deeds of trust or ground leases on the Premises (a“Lender(s)”), (i) on an “all risk” or “special form” basis, insuring loss or damage to the Building, including all improvements, fixtures (other than trade fixtures) and permanent additions (ii) insuring loss or damage to the Tenant Improvements (but not any of Tenant’s Personal Property (as defined in Exhibit B) or the Nitrogen Tank) caused by earthquake. Except as set forth above with respect to earthquake coverage for the Tenant Improvements, all alterations, additions and improvements made to the Premises by Tenant (including the Tenant Improvements and the Nitrogen Tank) shall be insured by Tenant rather than by Landlord. Subject to the foregoing, the amount of the “all risk” or “special form” insurance procured by Landlord may shall be equal to at least ninety percent (90%) of the full replacement cost of the Building (excluding the cost of excavation and installation of footings), including all improvements and permanent additions as the same shall exist from time to time providetime, or the amount required by Lenders. At Landlord’s option, Landlord shall insure against all risks of direct physical loss or damage to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages Building (including, without limitation, the perils of flood and earthquake), terrorism, coastal windstorm including coverage for any additional costs resulting from debris removal and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the total cost paid Building required to be demolished or incurred removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. If any such insurance coverage procured by Landlord for all has a deductible clause, the deductible shall not exceed reasonable amounts and as is then consistent with Landlord’s or its affiliates’ portfolio, and in the event of any casualty, the amount of such deductible shall be an item of Operating Expenses as so limited. Notwithstanding anything to the contrary contained herein, to the extent the cost of maintaining insurance coverages in equal monthly installments on with respect to the first day Building is increased as a result of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share acts, omissions, alterations, improvements (including, without limitation, the Tenant Improvements), use or occupancy of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statementPremises, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx one hundred percent (100%) of, and the actual amount duefor, such deficiency to be paid within thirty (30increase(s) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02as Additional Rent. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) 13.3.1 Landlord may from time to time provideshall obtain and maintain, to the extent the same is available from Landlordat Tenant’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages expense (including, without limitation, earthquakedeductibles not to exceed $50,000) insurance as specified in Exhibit 13.3.1 attached hereto. 13.3.2 Tenant shall pay to Landlord, terrorismas Additional Rent, coastal windstorm an amount equal to the premiums for the insurance coverages that Landlord maintains pursuant to this ARTICLE XIII attributable to each calendar year during the Term (the “Premiums”). Such Premiums shall be paid by Tenant in the monthly amount of $7,000 as an estimate, and flood coverages) the total annual amount of Premiums for which Tenant shall be responsible shall not exceed $90,000. Upon a casualty, Tenant shall immediately pay to Landlord the applicable deductible under the insurance that Landlord is to or may obtain pursuant to this ARTICLE XIII. 13.3.3 Estimated payments by Tenant on account of the Premiums shall be made on the first Business Day of each and every calendar month during the Term, in the fashion herein provided for the payment of Base Rent. The monthly amount so to be paid to Landlord shall be sufficient to provide Landlord by the time Premiums are due with a sum equal to Tenant’s required payment, as reasonably estimated by Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) on account of the total cost paid or incurred Premiums for the then current calendar year. Promptly after receipt by Landlord of bills for all such Premiums, Landlord shall advise Tenant of such insurance coverages in equal monthly installments on the first day amount thereof and the computation of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid total payment due on account thereof. If estimated payments theretofore made by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If for the total amount paid calendar year covered by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than such bills exceed the actual amount due from Tenant required payment on account thereof for such calendar year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant on account of the Premiums (or promptly refund such overpayment if the Term has ended and Tenant has no further obligation to Landlord); but if the required payments on account thereof for such calendar year as shown are greater than estimated payments theretofore made on Landlord’s statementaccount thereof for such calendar year, Tenant shall pay the difference to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days Days after the furnishing of each such statementbeing so advised by Landlord, and if the total amount paid by Tenant hereunder obligation to make such payment for any such calendar year period within the Term shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against survive expiration of the next installment due from Tenant to Landlord under this Section 11.02Term. (b) Any 13.3.4 Landlord shall have the right to provide insurance coverage that it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises as required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforthis Lease.

Landlord’s Insurance. (a) Landlord may from time agrees, during the term hereof, to time provide, to the extent the same is available from Landlord’s 's insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage against such risks as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) are from time to time included in a standard extended coverage endorsement, insuring 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 insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such of Tenant). Landlord may also carry at its option special extended coverage endorsements and other special insurance coverages coverage (including, without limitation, earthquakeearthquake coverage). Tenant shall submit to Landlord an itemized statement setting forth the cost of such improvements promptly after completion thereof and Tenant shall provide to Landlord, terrorismwithin thirty (30) days after the end of each lease year of the term hereof, coastal windstorm and flood coverages) as a written appraisal of the then current replacement value of the leasehold improvements to the leased premises, which appraisal shall be certified by an independent insurance appraiser. In the event Tenant fails to provide such itemized statement or any such appraisal, Landlord may elect from time shall have the right to timeestimate the value of said improvements, (iii) rent interruption insurancewhich estimate shall be binding upon Tenant. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of for the total cost paid or incurred by Landlord for of so insuring such improvements, including, without limitation, the payment of all of applicable deductible amounts, such insurance coverages payments (other than deductible amounts) to be made in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated in good faith by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage provided, however, that Landlord may elect to xxxx Tenant for such costs on a basis less frequent than monthly. Deductible amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written upon notice from Landlord. Subsequent to the receipt by Landlord of an invoice for such insurance premium, Landlord shall furnish Tenant with a written statement setting forth such cost. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s 's option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s such statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Landlord agrees, during the term hereof, to carry rent interruption insurance, which insurance may be carried in amounts equal to Tenant's total minimum rent obligation for twelve (12) full months (or such other period as Landlord may elect) under this Lease plus the total of the estimated costs to Tenant of taxes, assessments, insurance premiums and common area maintenance costs for such twelve (12) month period (or such other period as Landlord may elect). Tenant agrees from time to time, to reimburse Landlord for the total cost of such insurance, such reimbursement to be made within twenty (20) days after receipt of a written statement from Landlord setting forth such cost. (c) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor. The cost of the foregoing insurance under this Section 11.02 is a part of the cost of the property insurance which may be included in the costs and expenses set forth in Section 8.03 hereof. To the extent that the foregoing insurance costs shall be so included under Section 8.03 and Tenant shall pay its proportionate share of costs and expenses pursuant to said Section 8.03, such insurance costs shall not be separately charged to Tenant under this Section 11.02.

Landlord’s Insurance. (a) Landlord shall carry commercial general liability insurance with respect to the Building and Project during the Lease Term, and shall further insure the full replacement cost of the Building and Project during the Lease Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Landlord's insurance coverage shall be in such amounts, from such companies, and on such other terms and conditions, as Landlord may from time to time providereasonably determine. Additionally, at the option of Landlord, such insurance coverage may include the risks of earthquakes and/or flood damage and additional hazards, and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Building or Project or the ground or underlying lessors of the Building, Project, or any portion thereof. Notwithstanding the foregoing provisions of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building and Project shall, at a minimum, be comparable to the extent the same is available from Landlord’s coverage and amounts of insurance carrierwhich are carried by reasonably prudent landlords of Comparable Buildings, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance Worker's Compensation and Employer's Liability coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurancerequired by applicable law. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) The minimum limits of the total cost paid or incurred by Landlord for all policies of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for under the Lease shall not limit the liability of Landlord under this Lease with respect to claims covered by such insurance. The insurance obtained by Landlord shall specifically cover the indemnification liability of Landlord under this Lease. Tenant shall, at Tenant's expense, comply with all insurance company requirements pertaining to the use of the Premises. If Tenant's conduct or use of the Premises causes any blanket increase in the premium for such insurance policies then Tenant shall reimburse Landlord for any such increase. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or umbrella policy carried by or for Landlord or under a separate policy thereforrequirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body.

Landlord’s Insurance. (a) Subject to Paragraph 14.3, below in respect of the Insurance Services Agreement, Landlord shall maintain in full force and effect throughout the entire term of this Lease general comprehensive liability insurance for the Buildings and common areas and general fire and extended coverage insurance, including vandalism and special form or such other or broader coverage as may from time to time provide, to be customary on the extent Buildings and the same is available from Landlord’s insurance carrier, common areas and other areas of land within which the Buildings are located in such amounts and coverages determined by Landlord. Copies of all such insurance policies or certificates thereof endorsed to show payment of the premium shall be available for inspection by Tenant and such policies and certificates shall show Landlord and the beneficiary of any mortgage or deed of trust on the Property to be additional insureds as their interests may exist (or a mortgagee loss payable endorsement). Such insurance may be provided by a blanket insurance policy covering the Property, with or without self so long as the coverage on the Property is at all times at least as great as required by this Paragraph. Such insurance retainage and/or deductiblesobtained by Landlord under this Paragraph 14.1 shall be “Landlord’s Insurance”, insurance coverage as followsand the costs of Landlord’s Insurance obtained by Landlord shall be included in the Insurance Expenses. Landlord shall provide notice to Tenant: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty at least thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for prior to any calendar, lease or fiscal year (at expiration of Landlord’s optionInsurance or any portion thereof, or (ii) as soon as reasonably practicable after Landlord learns of any potential inability of Landlord to continue to maintain Landlord’s Insurance or any portion thereof (each “Notice of Landlord’s Insurance”). In the event Tenant receives Notice of Landlord’s Insurance, Landlord and Tenant shall each work in good faith to obtain Landlord’s Insurance as promptly as possible, and if Landlord is unable to obtain Landlord’s Insurance after using good faith efforts to do so, Landlord shall notify Tenant and Tenant shall be less required, no later than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after receipt of the furnishing Notice of each such statementLandlord’s Insurance, to purchase and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar yearmaintain or otherwise cause to be maintained, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02at its sole cost and expense, Landlord’s Insurance. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. With respect to insurance maintained by Landlord: (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than six months. Such fire and property damage insurance shall be written in so-called “all risk” form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; (ii) shall provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may provide coverage for loss of rents for a period of up to twelve months. Landlord shall not be required to cause such insurance to cover any of Tenant’s Property, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Ten Million Dollars ($10,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s Lender, insurance broker, advisor or counsel may from time to time provide, to determine is reasonably necessary for the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by adequate protection of Landlord, with or without self insurance retainage and/or deductiblesthe Property, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Project. (bc) Any Landlord may maintain boiler and machinery insurance required to limits sufficient to restore the Building. (d) Landlord may maintain any other insurance which in the opinion of Landlord hereunder may be furnished by its insurance broker, advisor or for Landlord legal counsel is prudent to carry under any blanket or umbrella policy the given circumstances, provided such insurance is commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. Landlord shall procure and maintain policies of insurance insuring: (a) Commercial general liability (including products and completed operations) or other policy forms which would provide similar coverages on behalf of Landlord may and Landlord's Protected Parties for those claims of bodily injury or property damage arising from time to time providethe Real Estate and the operations of the Landlord and Landlord's Protected Parties. Said liability insurance policy shall be written on an "occurrence" basis with a combined single limit of One Million Dollars ($1,000,000.00) per occurrence and not less than Two Million Dollars ($2,000,000.00) policy aggregate limit, to and One Million Dollars ($1,000,000.00) limit for products and completed operations. Umbrella liability insurance providing a minimum of Fifty Million Dollars ($50,000,000.00) limit naming the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, policy (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coveragesSection 6.3(a)(i)) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02underlying policy. (b) Any The building containing the Leased Premises against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion as provided by the Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ("all risk" coverage). The insurance required coverage shall be for not less than 90% of the full replacement cost of the Leased Premises for an agreed amount basis with the insurance carrier, with sufficient limits to replace the Leased Premises of similar utility purpose. . Landlord hereunder may shall be furnished named as the insured and all proceeds of insurance shall be payable to Landlord. Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Tenant Protected Party. (c) Landlord's business income, protecting Landlord from loss of rents and other charges during the period while the Leased Premises are untenantable due to fire or other casualty (for the period reasonably determined by Landlord). (d) Flood or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforearthquake insurance whenever, in the reasonable judgment of Landlord, such protection is necessary and it is available at commercially reasonable cost.

Landlord’s Insurance. Throughout the Term of this Lease, Landlord shall obtain and maintain: 1. Real Property insurance against Special Causes of Loss and subject to Replacement Cost valuation covering the Building and all of Landlord’s property therein in an amount required by its insurance company to avoid the application of any coinsurance provision. 2. Commercial General Liability insurance (awritten on an occurrence basis) including Contractual Liability coverage insuring the obligations assumed by Landlord may from time under this Lease, Premises and Operations coverage, Personal Injury Liability coverage, Independent Contractor’s Liability coverage. Such Commercial General Liability insurance shall be in amounts not less than Two Million Dollars ($2,000,000) combined single limit per occurrence with a Four Million Dollar ($4,000,000) annual aggregate. 3. All insurance obtained by Landlord shall provide that the insurer thereunder waives all right of recovery by way of subrogation against Tenant, its partners, employees, agents, representatives and any other party required to time provide, be the recipient of such a waiver under the terms of any written contract or agreement with Tenant pertaining to this Lease and/or to the Common Areas of the Property, in connection with any loss or damage covered by such policy. To the fullest extent permitted by law, Landlord shall indemnify and hold harmless Tenant, its partners, employees, agents, representatives and any other party required to be indemnified and/or held harmless under the same is available terms of any written contract or agreement with Tenant pertaining to this Lease and/or to the Common Areas, from and against all claims, damages, losses, costs and/or expenses, including, but not limited to attorneys’ fees, arising out of or resulting from Landlord’s insurance carrieracts or omissions, in amounts use and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) maintenance of the total cost paid Common Areas or incurred obligations under this Lease. Such indemnification and/or hold harmless shall not be invalidated by Landlord for all the partial negligence of such insurance coverages in equal monthly installments on one or more of the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordindemnities. If the total amount paid by Tenant under this Section for any calendarlaws of the governing jurisdiction do not permit such an indemnification and/or hold harmless, lease or fiscal year (at then Landlord’s option) shall obligations to indemnify and hold harmless the indemnities will be less than to the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx fullest extent permitted and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing all other parts of each such statement, this Lease and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02paragraph will apply. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord agrees to purchase and keep in force fire, extended coverage and rental loss (asuch rental loss covering a 12 month period) Landlord may from time to time provide, insurance in an amount equal to the extent replacement cost of the same is available Building (excluding only the Tenant Improvements and Alterations paid for by Tenant from Landlord’s insurance carrier, in amounts and coverages sources other than the Work Allowance) as determined by Landlord's insurance company's appraisers. If commercially available and carried by other owners of commercial properties in the area, with or without self such fire and property damage insurance retainage may be endorsed to cover loss caused by such additional perils against which Landlord may reasonably elect to insure, including earthquake and/or deductiblesflood, and shall contain reasonable deductibles which, in the case of earthquake and flood insurance coverage as follows: may be up to fifteen percent (i15%) of the replacement value of the property. Additionally Landlord may maintain a policy of commercial general liability insurance insuring Landlord (and such others designated by Landlord) against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) Premises or Project in an amount as Landlord may elect from time to time, (iii) rent interruption insurancedetermines is reasonably necessary for its protection. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthadditional rent, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after written demand, the furnishing full cost of each such statementsaid insurance as evidenced by insurance billxxxx xx Landlord, and if in the total event of damage covered by comprehensive general liability insurance, the amount paid of any deductible under such policy, not to exceed Twenty Thousand Dollars ($20,000.00) per occurrence (excluding earthquake and flood insurance) unless the casualty is caused by Tenant hereunder the active negligence or willful misconduct of Landlord or Landlord's agents, in which case Landlord shall be responsible for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess deductible. Payment shall be credited against the next installment due from Tenant to Landlord within ten (10) days after written invoice to Tenant. It is understood and agreed that Tenant's obligation under this Section 11.02will be prorated to reflect the Lease Commencement and Expiration Dates. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, the Tenant shall pay its Proportionate Share of the cost of insurance placed by the Landlord in respect of the Building, the Lands and the Property. The Landlord shall obtain and maintain in full force and effect during the Term such insurance for such occurrences and in such amounts and on such terms and conditions and with such deductibles as the Landlord may determine from time to time. Unless and until otherwise determined by the Landlord, said insurance shall include: 10.1.1 insurance on the Building, the Landlord’s Work, the Tenant’s Fit-Up and equipment contained in the Building owned or leased by the Landlord or which the Landlord desires to insure in an amount not less than the full replacement cost thereof against loss or damage by fire and other risks contained in fire insurance policies with endorsements generally known as extended coverage (aincluding, without limitation, flood and earthquake coverage) and riot, vandalism and malicious acts endorsement or, at the Landlord’s option, “all risks” insurance; 10.1.2 broad form boiler, machinery and unfired pressure vessel insurance, including repair or replacement coverage in an amount as the Landlord may from time to time providedetermine; 10.1.3 public liability insurance for bodily injury and property damage in such amount as the Landlord may from time to time determine; 10.1.4 rental income insurance covering such occurrences, in such form and with such period of indemnity as the Landlord may determine; 10.1.5 such other insurance in amounts and on terms as the Landlord, in its discretion, may determine or a Hypothecary Creditor may require. The Tenant acknowledges that the cost of maintaining the above-mentioned insurance will be included in Operating Costs. The Tenant’s responsibility for the payment of the costs and expenses of the insurance policies required to be maintained by the Landlord pursuant hereto shall include, without limitation, the cost of all deductible amounts. Notwithstanding that the Tenant shall be contributing to the extent Landlord’s costs and premiums respecting such insurance pursuant to the same is available from terms of this Lease, the Tenant shall not have any insurable or other interest in any of the Landlord’s insurance carrierother than the rights, if any, expressly set forth in this Lease or in any policy of insurance obtained by the Landlord, and, in amounts any event, the Tenant shall not have any interest in or any right to recover any proceeds under any of the Landlord’s insurance policies. The proceeds of all insurance policies provided or maintained by the Landlord pursuant to this Section 10.1 shall be payable to the Landlord and coverages determined to any loss payee named in any mortgage endorsement as their respective interests may appear. The Tenant shall not do and shall not cause, suffer or permit to be done or omitted to be done by Landlordany of its servants, with agents, contractors or without self insurance retainage and/or deductiblespersons for whom the Tenant is in law responsible anywhere on the Property, insurance coverage as followsthe Lands, the Leased Premises or elsewhere in the Building or by any person in, on or about the Leased Premises, the Lands, the Property or the Building and shall not permit there to be on the Leased Premises, the Lands, the Property or the Building anything which might: (i) commercial general liability result in any increase in the cost of any insurance for policies of the Shopping Center and/or regional retail developmentLandlord or any others on or related to the Building, the Lands, the Property or any part thereof or contents thereof; (ii) standard extended property result in an actual or threatened cancellation of or adverse change in any policy of insurance covering buildingsof the Landlord or others on or related to the Building, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentLands, with such special extended coverage endorsements and other special the Property or any part or contents thereof; or (iii) be prohibited by any policy of insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as of the Landlord may elect or any others in force from time to timetime in respect of the Building, the Lands, the Property or any part or contents thereof. If the cost of any insurance policies of the Landlord or any others on or related to the Building, the Lands, the Property or any part or contents thereof shall be increased as a result of (i) the use or occupancy of the Leased Premises by the Tenant or any other person on the Leased Premises; or (ii) anything kept or permitted to be kept by the Tenant or by any person anywhere on the Leased Premises or by the Tenant or any of its employees, customers, contractors, suppliers or persons for whom the Tenant is in law responsible on any part of the Building, the Lands and the Property; or (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) any act or omission of the total cost paid Tenant or incurred by Landlord for all of such insurance coverages in equal monthly installments any person on the first day Leased Premises, or of each calendar monththe Tenant or any of its employees, customers, contractors, suppliers or persons for whom the Tenant is in advancelaw responsible on any part of the Building, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts the Lands and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendarProperty, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay the full amount of such increase in cost to the Landlord forthwith upon demand, whether the difference between increase is an increase in insurance costs payable by the amount paid Landlord or by Xxxxxx any other tenant or occupant of the Building, the Lands, the Property or any part thereof. In determining the Tenant’s responsibility for any increased cost of insurance as aforesaid, a statement issued by the organization, company or insurer establishing the insurance premiums or rates for the relevant policy shall be conclusive evidence of the various components of such premiums or rates and the actual amount due, such deficiency factors giving rise to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02increase therein. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) a. Landlord may from time to time provide, to shall obtain and keep in force during the extent the same is available from Landlord’s insurance carrier, in amounts term of this Lease a policy of Combined Single Limit Bodily Injury and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance Broad Form Property Damage Insurance; plus coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with against such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as risks Landlord may elect deems advisable from time to time, (iii) rent interruption insuring Landlord, but not Tenant, against liability arising out of the ownership, use, occupancy or maintenance of the Project, the cost of which premiums are included as part of Project operating costs. b. Landlord shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Project Improvements, but not Tenant's personal property, fixtures, equipment or non-structural tenant improvements, in the amount of the full replacement cost thereof, as the same may exist from time to time, utilizing Insurance Services Office standard form, or equivalent, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, plate glass, and such other perils as Landlord deems advisable or may be required by a lender having a lien on the Project. In addition, Landlord shall obtain and keep in force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable to Landlord, which insurance, shall also cover all Operating Expenses for said Period. Tenant agrees will not be named in any such policies carried by Landlord and shall have no right to pay any proceeds therefrom. The policies required by those paragraphs a and b shall contain such deductibles as Landlord its proportionate share (or the aforesaid lender may determine. In the event that the Premises shall suffer destruction or damage as such term is defined in Section 2.05) of Article 19 hereof, the total cost paid deductible amounts under the applicable insurance policies shall be deemed an Operating Expense. Tenant shall not do or incurred by Landlord for all of such permit to be done anything which shall invalidate the insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated policies carried by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay the entirety of any increase in the property insurance premium for the Project over what it was immediately prior to Landlord the difference between commencement of the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing term of each such statement, and this Lease if the total amount paid increase is specified by Tenant hereunder for Landlord's insurance carrier as being caused by the nature of Tenant's occupancy or any such calendar year shall exceed such actual amount due from Tenant act or omission of Tenant. The cost of premiums for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02policies are included as part of Project operating costs. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall, during the lease -------------------- term, provide and keep in force or cause to be provided or kept in force: 16.1.1. Comprehensive general liability insurance with respect to Landlord's operation of the Shopping Center covering bodily injury, death and damage to property of others; and 16.1.2. Fire and extended coverage insurance (awith coverage at Landlord's option by endorsement or otherwise, for all risks, vandalism and malicious mischief, sprinkler damage, boilers and rental loss) with respect to the Shopping Center (excluding those portions of the Leased Premises required to be insured by Tenant pursuant to paragraph 16.2 below). Insurance effected by Landlord may shall be in amounts which Landlord shall from time to time providedetermine reasonable and sufficient, shall be subject to such reasonable deductibles and exclusions as Landlord may deem appropriate and shall otherwise be on such terms and conditions as Landlord shall from time to time determine reasonable and sufficient. At the extent time of the same is available from execution of this lease Landlord has in effect $1,000,000 of comprehensive general liability coverage, which shall be considered sufficient unless otherwise required by Landlord’s insurance carrier, in amounts and coverages determined 's lenders. Insurance obtained by Landlord, with need not name Tenant as an insured party and may, at Landlord's option, name any mortgagee or without self insurance retainage and/or deductibles, insurance coverage holder of a deed of trust as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) an insured party as Landlord its interest may elect from time to time, (iii) rent interruption insuranceappear. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred Insurance obtained by Landlord for all shall contain a waiver of such insurance coverages in equal monthly installments on the first day rights of each calendar monthsubrogation as among Tenant, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, holder of any mortgage or deed of trust so long as the Landlord's insurance carrier consents to such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) waiver. Any insurance required of Landlord hereunder provided for in paragraph 16.1 may be furnished maintained by means of a policy or for Landlord under any policies of blanket insurance, covering additional items or umbrella policy carried by locations or for Landlord or under a separate policy thereforinsureds.

Landlord’s Insurance. Subject to Section 6.1(d), Landlord shall procure and maintain policies of insurance, insuring: (a) Landlord may from and Tenant against breakage of all plate glass utilized in the improvements on the Leased Premises. (b) The improvements at any time to time providesituated upon the Leased Premises against loss or damage by fire, to lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion as provided by the extent Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Form ('all risk' coverage). The insurance coverage shall be for not less than 100% of the same is available from Landlord’s insurance carrierfull replacement cost of such improvements with agreed amount endorsement, in amounts and coverages determined building ordinance coverage. The full replacement cost of improvements shall be designated annually by Landlord, in the good faith exercise of Landlord's judgment. In the event that Tenant does not agree with Landlord's designation, Tenant shall have the right to submit the matter to an insurance appraiser reasonably selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal and if said report discloses that the improvements are not insured as therein required, Tenant shall promptly obtain the insurance required. Landlord shall be named as the insured and all proceeds of insurance shall be payable to Landlord. Said insurance shall contain an endorsement waiving the insurer's right of subrogation against any Landlord Protected Party or without self insurance retainage and/or deductiblesany Tenant Protected Party, provided that such waiver of the right of subrogation shall not he operative in any case where the effect thereof is to invalidate such insurance coverage as follows: or increase the cost thereof (i) commercial general liability insurance for except that either party shall have the Shopping Center and/or regional retail developmentright, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendarnotice, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for to pay such year as shown on Landlord’s statementincreased cost, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx thereby keeping such waiver in full force and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02effect). (bc) Any Flood or earthquake insurance whenever, in the reasonable judgment of Landlord, such protection is necessary or if such insurance is required by Landlord's Lender. (d) Landlord's business income, protecting Landlord from loss of Landlord hereunder may be furnished rents and other charges during the period while the Leased Premises are untenantable due to fire or other casualty (for the period reasonably determined by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforLandlord).

Landlord’s Insurance. (a) Landlord may from time to time provide, to shall procure and maintain during the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: Term: (i) a commercial general public liability insurance against claims for bodily injury, death or property damage, occurring on, in or about the Shopping Center and/or regional retail developmentLand in a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate, (ii) standard extended an "all-risk" policy of property insurance covering buildingsinsuring the Building for not less than its full replacement cost, improvements and/or leasehold improvements within exclusive of excavations, footings and foundation below the Shopping Center and/or regional retail developmentlowest floor level, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) a policy of rent interruption insuranceloss insurance with respect to the Building providing coverage in the amount of one year's Basic Rent. Notwithstanding the foregoing, Landlord's property insurance shall not be required to cover the Items required to be covered by Tenant's property insurance under Section 17.3. Tenant agrees to shall pay Landlord its proportionate share (as such term is defined in Section 2.05) for the cost of the total cost paid or insurance which Landlord is required to maintain under this Section, as well as any other insurance which Landlord elects to maintain with respect to the Building and/or Corporate Park (collectively, "Insurance Premiums"), as follows: (a) Prior to the Commencement Date and prior to the first day of each Calendar Year thereafter during the Term, Landlord shall submit to Tenant an estimate of the Insurance Premiums expected to be incurred by Landlord for all during the upcoming Calendar Year and a statement of Tenant's Proportionate Share of such insurance coverages in equal monthly installments estimated annual Insurance Premiums. In addition to the Basic Rent, Tenant shall pay to Landlord, beginning on the Commencement Date and continuing on the first day of each month thereafter during each Calendar Year, one-twelfth (1/12) of Tenant's Proportionate Share of annual Insurance Premiums as set forth in Landlord's statement. However, if the Commencement Date is a day other than the first day of a calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share then the installment of deductible amounts and self insurance coverage amounts Insurance Premiums for the first month of the Term shall be paid by Tenant following pro rated on the basis of a casualty occurrence within ten (10)thirty thirty (30) days following written notice from Landlordday month. If the total amount paid by Landlord fails to give Tenant notice of its estimated payments due under this Section for any calendarCalendar Year, lease then Tenant shall continue making monthly estimated payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided, When the new estimate is provided. Tenant's monthly estimated payments shall be adjusted in accordance with the new estimate and if any deficiency exists in the payments already made for the Calendar Year in question, the deficiency shall be paid with the next monthly installment of Basic Rent. No delay by Landlord in providing any estimate under this Section or fiscal year (at Landlord’s optionany statement under Section 7.5(b) shall excuse Tenant from paying Tenant's Proportionate Share of Insurance Premiums for any period within the Term. The initial amount of Tenant's estimated monthly payments of Insurance Premiums shall be less than Three Hundred Seventy and 13/100 Dollars ($370.13) per month. (b) Within ninety (90) days after the end of each Calendar Year or as soon thereafter as reasonably practicable, Landlord shall submit a statement to Tenant showing the actual amount due from Tenant Insurance Premiums incurred by Landlord for such year as shown on Landlord’s statementCalendar Year and the amount of Tenant's Proportionate Share of such actual Insurance Premiums. If, for any Calendar Year, Tenant's estimated payments exceeded Tenant's Proportionate Share of actual Insurance Premiums, Tenant shall pay to Landlord the difference between receive a credit in the amount paid by Xxxxxx and of the overpayment toward Tenant's next monthly payment of Insurance Premiums. If, for any Calendar Year, Tenant's estimated monthly payments were less than Tenant's Proportionate Share of actual Insurance Premiums, then Tenant shall pay the total amount due, of such deficiency to be paid Landlord within thirty (30) days after receipt of the furnishing statement from Landlord. Landlord's and Tenant's obligations with respect to any overpayment or underpayment of each such statement, and if Tenant's Proportionate Share of Insurance Premiums shall survive the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under expiration or termination of this Section 11.02Lease. (bc) Any If Landlord carries any separate policy of insurance covering just the Building (and not the entire Corporate Park), Tenant shall pay all of the Insurance Premiums for such policy (and not just Tenant's Proportionate Share) in the same manner as is provided above. (d) Despite the foregoing, Landlord may, upon thirty (30) days prior written notice to Tenant, require Tenant to pay Insurance Premiums at such time, as they are due and payable to the insurance company or in such a manner as is required of Landlord hereunder may by any Mortgagee, whether such payments be furnished by in lump-sum or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforother installments.

Landlord’s Insurance. (a) Landlord may from time to time provide, to covenants and agrees that throughout the extent Term it will insure the same is Building under then available from Landlord’s standard forms of “all-risk” insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advancepolicies, in an amount estimated equal to One Hundred (100%) percent of the replacement value thereof (including an “agreed amount” endorsement). Landlord covenants and agrees to maintain public liability insurance in such reasonable amounts with such reasonable deductibles as required by any Mortgagee or Superior Landlord (if any), or if none, as would be carried by a prudent owner of a similar building in the area. In addition, Landlord shall maintain and keep in force and effect during the Term, rental income insurance insuring Landlord against abatement or loss of Basic Rent and Additional Rent, during at the minimum, one calendar year hereunder but not more than Three (3) years. Landlord may, but shall not be obligated to, take out and carry any other forms of insurance as it or the Mortgagee or Superior Landlord (if any) of Landlord may require or reasonably determine available customarily carried by owners and operators of similar buildings, including but not limited to losses relating to or arising out of an act of terrorism. All insurance carried by Landlord on the Building or Common Areas shall be included as an Operating Expense. Notwithstanding its inclusion as an Operating Expense or any contribution by Tenant to the cost of insurance premiums by Tenant as provided herein, Tenant acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Landlord; . Tenant further acknowledges that the exculpatory provision of this Lease and the provisions as to Tenant’s proportionate share insurance are designed to insure adequate coverage as to property and business without regard to Landlord’s fault and to avoid Landlord obtaining similar coverage for said loss for its negligence or that of deductible amounts and self its agents, servants or employees which could result in additional costs includable as part of Operating Expenses which are payable by Tenant. Landlord will not carry insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by of any kind on Tenant’s personal property, or on any fixtures or equipment of Tenant under this Section for Lease and Landlord shall not be obligated to repair any calendardamage thereto or replace same. So long as same is available without an additional premium, lease Landlord shall cause its “all risk” policy to contain a waiver of subrogation to the extent same relates to a casualty loss through fire or fiscal year similar losses. This waiver of subrogation is not intended to relate to operational losses such as forklift damage to the walls of the Demised Premises (at Landlord’s optionsaid example being by way of explanation, not limitation) and shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay not obligate Landlord to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency submit claims of that nature to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02its insurer. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall obtain and carry, throughout the terms of this Lease, fire, lightning, and extended coverage (a“all risk”) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, such additional insurance coverage as follows: may be required by Landlord’s mortgagee (iincluding “loss of rents” insurance) commercial general liability insurance on the building, of which the Demised Premises is a part, for the Shopping Center and/or regional retail developmentfull replacement value thereof or such value as is required by Landlord’s mortgagee, (ii) standard extended property insurance covering buildingswhichever is greater, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with against such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insuranceloss. Tenant agrees to pay Landlord its shall reimburse Landlord, as additional rental hereunder, for Tenant’s proportionate share (determined in the same manner as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts taxes and self assessments herein above) of the costs of the insurance coverage amounts shall be paid by Tenant following a casualty occurrence premium therefore within ten (10)thirty (3010) days following written notice from Landlordthe date Landlord submits to Tenant a statement setting forth the amount due Landlord under the provisions of this paragraph. Tenant agrees that it will not at any time, during the term of this Lease, carry any stock of goods or do anything in or about the demised Premises, which will in any way tend to increase the insurance rates upon the building of which the Demised Premises are a part. In addition to Tenant’s proportionate share of the costs of insurance premiums as described herein, Tenant agrees to pay to Landlord forthwith upon demand the amount of any increase in premiums for insurance against loss by fire that may be charged during the term of this Lease on the amount of insurance to be carried by Landlord on the building of which the Demised Premises are a part resulting from the foregoing or from Tenant doing any act in or about said Demised Premises which does so increase the insurance rates, whether or not Landlord shall have consented to such act on the part of Tenant. If Tenant installs upon the total amount paid by Tenant under this Section for Demised Premises any calendar, lease or fiscal year (at Landlord’s option) shall be less than electrical equipment which constitutes an overload on the actual amount due from Tenant for such year as shown on Landlord’s statementelectrical lines of the Demised Premises, Tenant shall pay at its own expense make whatever changes are necessary to Landlord comply with the difference between requirements of the amount paid by Xxxxxx and the actual amount dueinsurance underwriters, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess nothing herein contained shall be credited against deemed to constitute Landlord’s consent to such overloading. Tenant shall pay 1 /12 of Tenant’s proportionate share of the next installment due from estimated annual building insurance premium in advance each month along with the minimum rental payment. “It is agreed that Landlord carries insurance for its own protection; Tenant to Landlord is not a coinsured under this Section 11.02Landlord’s own insurance nor a beneficiary thereof. ” (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforSee Lease Rider “A” Building Expenses attached hereto and incorporated herein.)

Landlord’s Insurance. (a) The Landlord may from time to time provideshall, to at all times throughout the extent the same is available from Landlord’s insurance carrierTerm, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followscarry: (i) commercial general public liability insurance written on a comprehensive basis with coverage against third party claims for the Shopping Center and/or regional retail developmentbodily injury, (ii) standard extended property insurance covering buildingsincluding death, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with in such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) amounts as Landlord may elect are normally carried by prudent landlords of similar premises from time to time, but in no event less than five million dollars ($5,000,000.00) per occurrence; (ii) rental income insurance; and (iii) rent interruption insuranceother forms of insurance as would be carried by a prudent owner of a similar building and considered advisable by the Landlord or any Mortgagee. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total The cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by the Tenant following in accordance with Section 12.l(c). The Landlord may satisfy the foregoing insurance requirements by carrying blanket insurance policies and through one or more insurance policies provided the premiums for such policy are allocated equitably among the properties covered by such blanket insurance policy. (b) All Landlord’s insurers shall be registered and licensed to carry on the business of insurance in the Province in which the Premises are located and all insurance policies shall: (i) contain a casualty occurrence within ten cross liability and/or severability of interest clause; and (10)thirty ii) contain an undertaking by the insurers to notify the Tenant in writing not less than thirty (30) days following written notice from Landlord. If prior to any material change, cancellation or termination thereof. (c) The Tenant will pay to the total amount paid Landlord the insurance premiums in respect of the insurance required to be carried by Tenant the Landlord under this Section for section 12.1, as Additional Rent, and in the event of any calendar, lease loss or fiscal year (at Landlord’s option) shall be less than damage the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay directly to the Landlord any deductible which the difference between Landlord is required to pay toward or for any insured loss relating to the amount paid by Xxxxxx Premises as Additional Rent. The Landlord shall submit the invoice for such insurance premiums or deductibles to the Tenant as they come due and the actual amount due, Tenant shall pay all such deficiency to be paid amounts within thirty (30) days after receipt of such invoice. In the furnishing of each such statement, and if event that the total amount paid by Tenant hereunder for fails to pay any such calendar year shall exceed premium prior to its due date, the Landlord may pay such actual amount due premium and claim it from the Tenant for such calendar year, such excess shall be credited against as Additional Rent. Notwithstanding any contribution by the next installment due from Tenant to Landlord the cost of insurance premiums provided herein, the Tenant acknowledges and agrees that no insurable interest is conferred upon the Tenant under this Section 11.02. (b) Any Lease for purposes of any policies of insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for the Landlord or under a separate policy thereforand the Tenant has no right to receive any proceeds of any such insurance policies carried by the Landlord.

Landlord’s Insurance. With respect to insurance maintained by Landlord: (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than six months. Such fire and property damage insurance: (i) shall be written in so-called “all risk” form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; (ii) shall provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may provide coverage for loss of rents for a period of up to twelve months. Landlord shall not be required to cause such insurance to cover any of Tenant’s Property, or any modifications, alterations, or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use Building E or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Ten Million Dollars ($10,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s Lender, insurance broker, advisor or counsel may from time to time provide, to determine is reasonably necessary for the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by adequate protection of Landlord, with or without self insurance retainage and/or deductiblesthe Property, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Project. (bc) Any Landlord may maintain boiler and machinery insurance required to limits sufficient to restore the Building. (d) Landlord may maintain any other insurance which in the opinion of Landlord hereunder may be furnished by its insurance broker, advisor or for Landlord legal counsel is prudent to carry under any blanket or umbrella policy the given circumstances, provided such insurance is commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. (a) Tenant will pay Landlord, as Additional Rent, a proportionate share of the cost of all insurance as Landlord may from time to time provide, maintain with respect to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages Leased Premises (including, but without limitation, earthquakecomprehensive general liability insurance, terrorismfire, coastal windstorm extended coverage, vandalism and malicious mischief and all-risk insurance, flood coveragesinsurance, loss of rent insurance, and boiler and sprinkler insurance), provided such coverage is with respect to the Premises and the Common Areas and Facilities. Such insurance may include Landlord's interest in the improvements and betterments installed in the Premises by Tenant (except inventory, trade fixtures, wall and floor coverings, furniture and other personal property of Tenant removable by Tenant under the provisions of this Lease), whether the same have been paid for entirely or partially by Tenant. (b) as Landlord may elect from time to time, Tenant will pay in twelve (iii12) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in consecutive equal monthly installments in such amounts as are estimated and billed by Landlord at the commencement of the Term and at the beginning of each successive billing period, each installment being due on the first day of each calendar month. The first monthly payment shall include a prorated portion of Insurance Premiums for the period from the Commencement Date to the first day of the first full calendar month of the Term of this Lease. Within a reasonable time after the end of each calendar year, in advanceLandlord shall deliver to Tenant a statement of Insurance Premiums for the previous year, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts the monthly installments paid or payable shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendaradjusted between Landlord and Tenant, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, and Tenant shall pay to Landlord or Landlord shall credit Tenant's account (or, if such adjustment is at the difference between end of the amount paid by Xxxxxx and Term, pay Tenant), as the actual amount duecase may be, within fifteen (15) days of receipt of such statement, such deficiency amounts as may be necessary to effect such adjustment for such year. (c) Tenant shall have no rights in any policy or policies maintained by Landlord and shall not, by reason of the reimbursement required by this section, be entitled to be paid a named insured thereunder. (d) Tenant shall furnish Landlord, within thirty (30) days after the furnishing of each such Commencement Date, a written statement, and if the total amount paid certified by Tenant hereunder for any such calendar year shall exceed such or an executive officer of Tenant, of the actual amount due from cost incurred by Tenant for such calendar yearin making all improvements and betterments to the Leased Premises, such excess shall be credited against the next installment due from Tenant in order to assist Landlord under this Section 11.02in providing adequate insurance coverage. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may from time agrees to time provide, purchase and keep in force All Risk and fire insurance in an amount equal to the extent full replacement cost of the same is available from Building (including any Tenant Improvements (without depreciation) or Alterations paid for by Tenant). Tenant shall provide Landlord annually an estimate of the cost to replace its Tenant Improvements and Alterations. At Tenant’s request, Landlord shall deliver certificates of insurance to Landlord evidencing such Insurance. The insurance shall provide for thirty (30) days’ prior written notice to Tenant of any cancellation, or termination in coverage. The cost of such insurance shall constitute a Reimbursable Operating Cost. Landlord’s insurance carrieron the Tenant Improvements and Alterations shall name Tenant as an additional insured. At Landlord’s election, in amounts such all risk and coverages determined fire insurance may be endorsed to cover loss caused by Landlordsuch additional perils against which Landlord may elect to insure, with including earthquake, flood or without self terrorist acts, and shall contain reasonable deductibles. If Landlord elects to obtain insurance retainage and/or deductibles, insurance against any such additional perils Tenant’s obligation to reimburse Landlord for the cost of the additional coverage as follows: shall be limited to an annual amount of Eighty Five Thousand and No/100 Dollars ($85,000) increased each year during the Lease term by three percent (3%) compounded. Additionally Landlord may maintain a policy of (i) commercial general liability insurance insuring Landlord (and such others designated by Landlord) against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Shopping Center and/or regional retail developmentPremises in an amount as Landlord determines is reasonably necessary for its protection, and (ii) standard extended property rental loss insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages a twelve (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages12) as Landlord may elect from time to time, (iii) rent interruption insurancemonth period. Tenant agrees to pay Landlord its proportionate share as additional rent, on demand, the full reasonable cost of said insurance as evidenced by insurance xxxxxxxx to Landlord, and in the event of damage covered by said insurance, the amount of any deductible under such policy not to exceed Fifty Thousand and no/100 Dollars (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts $50,00.00). Payment shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, written invoice to Tenant. It is understood and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord agreed that Tenant’s obligation under this Section 11.02will be prorated to reflect the Lease Commencement and Expiration Dates. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall, at its sole cost and expense, maintain during the term, comprehensive (aor commercial) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlordgeneral liability insurance, with limits of not less than $1,000,000 combined single limit for personal injury, bodily injury or without self death, or property damage or destruction (including loss of use thereof) for any one occurrence. Landlord shall also, at its sole cost and expense, maintain during the term worker’s compensation insurance retainage and/or deductiblesas required by statute, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentand primary, (ii) standard extended property insurance covering buildingsnon-contributory, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption or “all-risk” damage insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share equal to at least 90% of the full insurable replacement value of the premises exclusive of the cost of excavation, foundations and footings, and subject to reasonable deductible amounts, or such other amounts necessary to prevent Landlord from being a co-insured, and self such other coverage as Landlord shall deem appropriate. Landlord shall provide Tenants with certificates evidencing such coverage and showing Tenants as additional insureds, prior to the Commencement Date, which shall state that such insurance coverage amounts may not be changed or cancelled without at least twenty (20) days prior written notice to Tenants, and shall provide renewal certificates to Tenants at least twenty (20) days prior to expiration of such policies. All insurance required hereunder shall be paid provided by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at responsible insurers and Landlord’s option) insurers shall be less than reasonably acceptable to Tenants. Landlord intends that its property loss risk shall be borne by responsible insurance carriers and Landlord hereby agrees to look solely to and to seek recovery only from its insurance carriers in the actual amount due from Tenant event of a property loss to the extent that such coverage is agreed to be provided hereunder. Landlord hereby waives all rights and claims against Tenants for such year as shown on Landlord’s statementlosses, Tenant and waives all rights of subrogation of its insurers, provided such waiver of subrogation shall pay not effect the right of Landlord to recover thereunder. Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency shall cause its insurance policies to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant endorsed to provide for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02a waiver of subrogation. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall procure and maintain policies of insurance, insuring: (a) Landlord may the improvements at any time situated upon the Property against loss or damage by fire, lightning, wind storm, hail storm, aircraft, vehicles, smoke, explosion, riot or civil commotion as provided by the Standard Fire and Extended Coverage Policy and all other risks of direct physical loss as insured against under Special Extended Coverage Endorsement. The insurance coverage shall be for up to the greater of one hundred percent (100%) of the full replacement cost or the market value of such improvement with all proceeds of insurance payable to Landlord. The full replacement cost of improvements and the market value shall be determined from time to time provideby an insurance appraiser selected by Landlord and paid for by Tenant. The insurance appraiser shall submit a written report of his appraisal and if said report shows that the improvements are not sufficient, to Landlord shall promptly obtain, at Tenant’s proportionate cost, such additional insurance as is required. (b) as the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) primary commercial general liability insurance for policies (including contractual liability) respecting the Shopping Center and/or regional retail development, Common Areas and exterior of the Premises (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (which policies will be non-contributory at all levels [including, without limitation, earthquakebasic and umbrella] with any insurance maintained by Tenant), terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self following commercial general liability insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten and limits: (10)thirty (30a) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendarpersonal and bodily injury and damage to property of $1,000,000 per occurrence, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx with an annual aggregate limit of $2,000,000; and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required an umbrella policy of Landlord hereunder $5,000,000 per occurrence, with an annual aggregate limit of $5,000,000 (together, subs. (a) and (b) may be furnished by referred to herein as “Landlord’s Liability Insurance”). Landlord may insure with coverages and amounts in excess of Landlord’s Liability Insurance, but any such excess coverages or for Landlord amounts shall not be included in the charges to Tenant under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforSection 6.1 below.

Landlord’s Insurance. (a) Landlord may shall maintain during the Lease Term a policy or policies of property insurance insuring the Building, Real Property and Building Parking Area against loss or damage due to fire and other casualties covered within the classification of "all risk" or "special form" coverage, to the extent available on a commercially reasonable basis, for the full replacement cost of the covered items determined in a commercially reasonable manner. Such coverage shall be in amounts that meet any co-insurance clauses of the policies of insurance. Landlord shall be permitted to carry such deductibles with respect to such property insurance as are customarily carried from time to time provide, to by reasonably prudent landlords of the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with Comparable Buildings. Landlord shall also maintain a policy or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) policies of commercial general liability insurance for covering the Shopping Center and/or regional retail developmentBuilding, (ii) standard extended Building Parking Area and the Real Property and the performance by Landlord of its indemnity agreements set forth in Section 10.1 of this Lease, in such amounts and with such deductibles as are customarily carried from time to time by reasonably prudent landlords of the Comparable Buildings. As of the date of this Lease Landlord currently carries commercial general liability coverage in limits of $1,000,000 per occurrence, with umbrella coverage of $100,000,000 per occurrence. Additionally, at the option of Landlord, Landlord's property insurance covering buildingscoverage may include the risks of earthquakes and/or flood damage and additional hazards, improvements and/or leasehold improvements within a rental loss endorsement and one or more loss payee endorsements in favor of the Shopping Center and/or regional retail developmentholders of any mortgages or deeds of trust encumbering the interest of Landlord in the Real Property or the ground or underlying lessors of the Real Property, with such special extended coverage endorsements and other special insurance coverages (includingor any portion thereof. Upon inquiry by Tenant, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, Landlord shall inform Tenant of such coverage carried by Landlord. Tenant shall neither use the Premises nor permit the Premises to be used or acts to be done therein which will: (iiii) rent interruption insurance. increase the premium of any insurance described in this Section 10.2 unless Tenant agrees to pay Landlord its proportionate share for such increase in premium (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts which payment shall be paid made by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after Tenant's receipt of invoice therefor from Landlord); (ii) cause a cancellation of or be in conflict with any such insurance policies; (iii) result in a refusal by insurance companies of good standing to insure the furnishing Building or the Real Property in amounts reasonably satisfactory to 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Bank Lease] Landlord; or (iv) subject Landlord to any liability or responsibility for injury to any person or property by reason of each any operation being conducted in the Premises; provided, that Landlord agrees that Tenant's use of the Premises for the Permitted Use and otherwise in compliance with this Lease will not cause or result in any of the matters referred to in clauses (i) through (iv) hereinabove. Tenant shall, at Tenant's expense, comply as to the Premises with all reasonable insurance company requirements pertaining to the use of the Premises. If Tenant's conduct or use of the Premises causes any increase in the premium for such statementinsurance policies, and if the total amount paid by then Tenant hereunder shall reimburse Landlord for any such calendar year increase. Tenant, at Tenant's expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under this Section 11.02American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall, at its expense, maintain in effect at all times during the Term: a policy or policies of "all risk" fire, general liability and extended coverage insurance, including at least six (6) months rental interruption insurance, with vandalism and malicious mischief endorsements, coverage with respect to increased costs due to building ordinances, demolition coverage, boiler and machinery insurance, sprinkler leakage coverage, in each case to the extent of at least one hundred percent (100%) of the full replacement value of the Building and Adjacent Building and any future building on the Project. If Landlord fails during the Term to maintain any insurance required to be maintained by Landlord under this Lease, then Tenant may, at its election, arrange for any such insurance, and Tenant may require that Landlord reimburse Tenant for any premiums for any such insurance within five (5) days after Landlord or Tenant's receipt of the premium notice. Insurance required to be maintained by Landlord under this Lease (a) Landlord shall be issued as a primary policy by insurance companies authorized to do business in California with a Best's Rating of at least "A" and a Best's Financial Size Category rating of at least "VIII," as set forth in the most current edition of "Best's Insurance Reports, or such higher rating as may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined be required by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentany lender, (iib) standard extended property insurance covering buildingsshall name Tenant and any lender or other party as Tenant may elect as additional named insureds, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (includingc) shall constitute "occurrence" based coverage, without limitationprovision for subsequent conversion to "claims" based coverage, earthquake, terrorism, coastal windstorm and flood coverages(d) as Landlord may elect from time shall not be cancelable or subject to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) reduction of the total cost paid coverage or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty other modification except after thirty (30) days following days' prior written notice from Landlordto Tenant and any lender. If the total amount paid by Tenant under this Section for any calendarLandlord shall, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within least thirty (30) days after prior to the furnishing expiration of each such statementpolicy, furnish Tenant with a renewal or "binder" of such policy. Landlord shall, upon request from Tenant, promptly deliver to Tenant copies of such policy or policies or certificates evidencing the existence and if the total amount paid by Tenant hereunder for amounts of such insurance together with evidence of payment of premiums. The premiums, costs and expenses and deductibles of and/or with respect to any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess insurance shall be credited against included in the next installment due from Tenant Building Operating Expenses. Landlord shall not increase the amount of insurance coverage beyond that which was in place during the Base Year, other than reasonable increases to reflect inflation or an increase in value of the insured property. Landlord under this Section 11.02shall not increase the types of insurance coverages beyond that which was in place during the Base Year unless commercially reasonable and in such event the Operating Expenses for the Base Year shall be increased by the insurance premium that would have been paid had the insurance been obtained by Landlord. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall keep the Building (abut not the contents thereof or any personal property or trade or business fixtures of Tenant) in which the Premises are located, and all improvements and facilities of Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitationlimiting the generality of the foregoing, earthquakeany and all signs and sign structures, terrorismwhether insured under separate policy or otherwise) within the common areas insured during the Demised Term against loss or damage by fire and other perils normally covered by standard all-risk insurance or the essential equivalent thereof (subject to the general availability of such coverage in the insurance industry), coastal windstorm in an amount not less than five million dollars ($5,000,000), having deductibles and flood coverages) with insurance carriers or companies decided upon by Landlord within Landlord's reasonable discretion. Landlord shall also maintain such liability insurance and other forms of insurance as Landlord may elect deems appropriate from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred All insurance obtained by Landlord for all shall be referred to herein as “Landlord’s Insurance” and the costs of such insurance coverages shall be referred to herein as “Landlord Insurance Premiums”. The Landlord Insurance Premiums are considered in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts gross lease Rent and self insurance coverage amounts shall be paid by the Landlord during the Initial Term. Thereafter, if Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendarexercises its first Option to Extend, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, then Tenant shall pay to Landlord during such Option period in monthly installments as additional Rent that amount of increase in the difference Insurance as measured between the payable amount paid by Xxxxxx in 2015 and the actual payable amount duein 2024 times a fraction wherein the size of the Premises is the numerator and the size of the Building is the denominator. Thereafter, if Tenant exercises its second Option to Extend, then Tenant shall pay during such deficiency to be paid within thirty (30) days after Option period in monthly installments as additional Rent that amount of increase in the furnishing Insurance as measured between the payable amount in 2024 and the payable amount in 2029 times a fraction wherein the size of each such statement, the Premises is the numerator and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against size of the next installment due from Tenant to Landlord under this Section 11.02Building is the denominator. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall insure the Project Common Areas, the Building, the Premises and the Tenant Improvements initially installed in the Premises pursuant to Exhibit "C" (aexcluding, however, Tenant's furniture, equipment and other personal property and any Tenant Changes) Landlord may from time to time provideagainst damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, to the extent the same is available from rental loss coverage, at Landlord’s insurance carrier's option, in amounts earthquake damage coverage, and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance such additional coverage as follows: (i) Landlord deems appropriate. Landlord shall also carry commercial general liability insurance for the Shopping Center and/or regional retail developmentinsurance, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, in such reasonable amounts and with such special extended coverage endorsements reasonable deductibles as would be carried by a prudent owner (of similar financial strength as Landlord) of a similar building in the state in which the Building is located. At Landlord's option, all such insurance may be carried under any blanket or umbrella policies which Landlord has in force for other buildings and other special insurance coverages projects. In addition, at Landlord's option, and provided Landlord has a net worth of at least Seventy-Five Million Dollars (including$75,000,000.00) with net current assets of at least Twenty-Five Million Dollars ($25,000,000.00), without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect to self-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or the mortgagees or ground lessors of Landlord may reasonably determine is advisable. The cost of insurance obtained by Landlord pursuant to this Section 21 (including self-insured amounts [determined based upon the prevailing market rates for similar coverage from time insurance companies satisfying the requirements of Section 20.2] and deductibles) shall be included in Insurance Costs, except that any increase in the premium for the property insurance attributable to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) the replacement cost of the total cost paid or incurred by Landlord for all Tenant Improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthBuilding standard shall not be included as Insurance Costs, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing concurrently with Tenant's monthly installment of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02its share of Insurance Costs. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord may carry comprehensive general liability insurance with respect to the Property during the Term, and shall further insure the Buildings during the Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Such coverage shall be in such amounts, from such companies, and on such other terms and conditions, as Landlord may from time to time providereasonably determine and the premiums for all insurance coverage maintained by Landlord may be included in Property Expenses. Additionally, at the option of Landlord, such insurance coverage may (but shall not be obligated to) include the risks of acts of terrorism, earthquakes and/or flood damage and additional hazards, a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Property. Notwithstanding the foregoing provisions, the coverage, deductibles and amounts of insurance carried by Landlord in connection with the Property shall, at a minimum, be comparable to the extent coverage and amounts of insurance which are carried by reasonably prudent landlords of comparable buildings in the same is available from Landlord’s insurance carrier, in amounts City (provided that fire and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance extended coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, shall be carried in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be equal to not less than the actual amount due from Property's full replacement cost valuation). Tenant shall, at Tenant's expense, comply with all insurance company requirements pertaining to Tenant's specific use of the Premises, provided that the same do not preclude or materially impair the use of the Premises for the Permitted Use. If Tenant's conduct or use of the Premises directly causes any increase in the premium for such year as shown on Landlord’s statement, insurance policies then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant's expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all tules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body that are generally applied to Landlord under this Section 11.02warehouse tenants and are generally imposed upon cannabis cultivators. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall maintain all-risk property insurance at replacement cost value on Landlord’s personal property in the Project and replacement cost value of the Premises and Project [up to replacement of the Shell Condition and all improvements and installations in the Premises paid for with the Improvement Allowance under this Lease and all improvements made with similar allowances paid by Landlord to other tenants in the Project with respect to their leased premises (acollectively the “Allowance Improvements” whether referring to the Tenant and the Premises or the Project and all tenants therein), but excluding all installations and improvements in the Premises or Project in excess of the Shell Condition and Allowance Improvements. Landlord shall also; (i) Landlord may obtain (prior to occupancy of the Premises by Tenant for the Permitted Use) and maintain basic flood insurance through the federal flood insurance program (if available on the Project); (ii) loss of rent insurance; and (iii) liability insurance; all in such amounts and with such coverages as are determined from time to time provideby Landlord. Insurance required hereunder shall be issued by and binding upon a solvent insurance company authorized to do business in the state of Texas which has a rating issued by an organization regularly engaged in rating insurance companies (including specifically A.M. Best & Company) of not less than “A”. To the extent of the liabilities assumed under this Lease, Landlord shall name Tenant as additional insured on all such insurance policies other than loss of rent insurance (such additional insured status to be included prior to Landlord’s Tender Date), and shall provide waiver of subrogation on all insurance policies to the extent set forth in Section 9.03 below. Landlord shall use reasonable efforts to obtain the same is available from flood insurance coverage and provide a certificate evidencing such coverage and the amount thereof to Tenant prior to the Landlord’s Tender Date, but if Landlord is unable to obtain such coverage by such date, Landlord shall obtain same as soon as reasonably possible thereafter. Except as set forth in the preceding sentence, Landlord shall deliver to Tenant certificates evidencing the existence and amounts of all insurance carrier, in amounts and coverages determined by prior to Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance’s Tender Date. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts No policy shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease cancelable or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay subject to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within reduction of coverage except after thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant prior written notice to Landlord under this Section 11.02Tenant. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall maintain all risk (aalso known as “special causes of loss form”) Landlord may from time property insurance covering the full replacement cost of the Building and the Premises (excluding any Tenant- Made Alterations (as defined below)) and including ordinance or law coverage and commercial general liability insurance including Tenant as an additional insured, and meeting the requirements for commercial general liability insurance set forth in Section 9(c). All such insurance shall be included as part of the Operating Expenses charged to time provideTenant, to the extent permitted by Section 6. Landlord may satisfy its obligations under this Section 9(a) through one or more blanket policies, in which case the same is available from cost of such insurance allocable to the Premises will be reasonably determined by Landlord based upon the insurer’s cost calculations. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Landlord’s insurance carrierand Landlord shall provide Tenant with notice if Landlord becomes aware that any such use will void Landlord’s insurance; provided that this sentence shall not be deemed to prohibit the Permitted Uses. Tenant shall also reimburse Landlord for any increased premiums or additional insurance that Landlord reasonably deems necessary as a result of Tenant’s use of the Premises for other than the Permitted Uses. Tenant may elect, in amounts and coverages determined by upon ninety (90) days’ prior notice to Landlord, with to maintain, at Tenant’s sole cost, all risk (or without self “special form”) property insurance retainage and/or deductiblescovering the full replacement cost of the Building and all other structures and improvements on the Land, insurance coverage as follows: including any Tenant-Made Alterations, subject to industry-standard terms and conditions, and (i) commercial general liability Landlord will not have any obligation to maintain property insurance for after the Shopping Center and/or regional retail development, date set forth in Tenant’s notice; and (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or any costs incurred by Landlord for in connection with property insurance relating to the Building and all of such insurance coverages in equal monthly installments other structures and improvements on the first day Land after the date set forth in Tenant’s notice will be excluded from Operating Expenses. Landlord and mortgage lienholder will be included as loss payees, as their interests may appear, on policies covering the Building and all other structures and improvements on the Land. If Tenant proposes property insurance with lesser coverage terms than what is carried by Landlord at the time of each calendar monthTenant’s initial notice (or what Landlord would have carried upon Substantial Completion of the Building based on similar buildings in its (or its parent entity’s) portfolio), in advancethen Tenant will submit such proposed property insurance for Landlord’s approval. In the event Tenant does not carry the property insurance required hereunder after its election to take over such insurance, in an amount estimated then Tenant will be responsible for costs of the type that would have been insured by Landlord; ’s property insurance. Additionally, if Landlord becomes aware that Tenant is not carrying the property insurance required hereunder, Landlord shall have the right to immediately recommence carrying property insurance on the Building and all other structures and improvements on the Land (excluding any Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement-Made Alterations), and if Landlord may also recommence including in Operating Expenses any costs incurred by Landlord in connection with property insurance relating to the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against Building and all other structures and improvements on the next installment due from Tenant to Landlord under this Section 11.02Land. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Landlord shall insure the Building during the Lease Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Such coverage shall be in such amounts, with such deductibles, from such companies, and on such other terms and conditions, as Landlord may from time to time providereasonably determine. Landlord shall also carry rent continuation insurance. Additionally, at the option of Landlord, such insurance coverage may include the risks of earthquakes and/or flood damage and additional hazards, a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Building or the ground or underlying lessors of the Building, or any portion thereof. Notwithstanding the foregoing provisions of this SECTION 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building shall, at a minimum, be comparable to the extent coverage and amounts of insurance which are carried by reasonably prudent landlords of buildings comparable to and in the same is available from vicinity of the Building (provided that in no event shall Landlord be required to carry, although it may at its sole option carry, earthquake insurance). Landlord may carry some or all of the insurance in connection with the Project under a blanket policy or policies which cover other properties owned or managed by Landlord or any affiliates of Landlord’s insurance carrier, in amounts and coverages which event Insurance Expenses shall include an equitable allocation of the cost of such insurance, as determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as . Landlord may also elect from time to time, (iii) rent interruption carry some or all of the insurance in connection with the Project by a program of co-insurance and/or self-insurance. Tenant agrees shall, at Tenant's expense, comply with all insurance company requirements pertaining to pay Landlord its proportionate share (as such term is defined in Section 2.05) the use of the total cost paid Premises. If Tenant's conduct or incurred by Landlord use of the Premises (regardless of Landlord's approval of said use) causes any increase in the premium for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, policies then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant's expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under this Section 11.02American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall keep the Building (abut not the contents thereof or any personal property or trade or business fixtures of Tenant) in which the Premises are located, and all improvements and facilities of Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitationlimiting the generality of the foregoing, earthquakeany and all signs and sign structures, terrorismwhether insured under separate policy or otherwise) within the common areas insured during the Demised Term against loss or damage by fire and other perils normally covered by standard all-risk insurance or the essential equivalent thereof (subject to the general availability of such coverage in the insurance industry), coastal windstorm in an amount not less than five million dollars ($5,000,000), having deductibles and flood coverages) with insurance carriers or companies decided upon by Landlord within Landlord's reasonable discretion. Landlord shall also maintain such liability insurance and other forms of insurance as Landlord may elect deems appropriate from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred All insurance obtained by Landlord for all shall be referred to herein as "Landlord's Insurance" and the costs of such insurance coverages shall be referred to herein as "Landlord Insurance Premiums". The Landlord Insurance Premiums are considered in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts 's gross lease Rent and self insurance coverage amounts shall be paid by the Landlord during the Initial Term. Thereafter, if Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendarexercises its first Option to Extend, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, then Tenant shall pay to Landlord during such Option period in monthly installments as additional Rent that amount of increase in the difference Insurance as measured between the payable amount paid by Xxxxxx in 2015 and the actual payable amount duein 2024 times a fraction wherein the size of the Premises is the numerator and the size of the Building is the denominator. Thereafter, if Tenant exercises its second Option to Extend, then Tenant shall pay during such deficiency to be paid within thirty (30) days after Option period in monthly installments as additional Rent that amount of increase in the furnishing Insurance as measured between the payable amount in 2024 and the payable amount in 2029 times a fraction wherein the size of each such statement, the Premises is the numerator and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against size of the next installment due from Tenant to Landlord under this Section 11.02Building is the denominator. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Unless Tenant elects to maintain such insurance as provided below in this Section 14.1, Landlord shall maintain throughout the term of this Lease casualty insurance on the Building for an amount equal to one hundred percent (a100%) of the full replacement cost of the Building and otherwise satisfying the conditions set forth in EXHIBIT E attached hereto and any conditions imposed by any lender with a deed of trust encumbering the Parcel. Such insurance shall contain no co-insurance or contribution clauses, a replacement cost endorsement and deductibles as set forth in Exhibit E hereto. Landlord may, but shall not be obliged to, take out and carry any other form or forms of insurance as it or the mortgagees of Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect require from time to time, (iii) rent interruption insurance. Notwithstanding the contributions by Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) the cost of insurance premiums with respect to the Building or any alterations of the total cost paid or incurred by Landlord for all of demised premises, as are provided herein, Tenant acknowledges that it has no right to receive any proceeds from any such insurance coverages in equal monthly installments on policies carried by Landlord. During the first day term of each calendar monththis Lease, in advanceLandlord may also maintain a rental income insurance policy, at Tenant's expense, with loss payable to Landlord in an amount equal to one (1) year's Guaranteed Minimum Monthly Rental and Additional Rental (including without limitation, estimated by Landlord; Tenant’s proportionate share Common Area maintenance charges, real estate taxes and assessments and insurance premiums). Notwithstanding the foregoing provisions of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for 14.1, so long as Tenant is not in default of any calendarprovision of this Lease beyond any applicable notice and cure period, lease or fiscal year (then Tenant may elect by giving Landlord at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within least thirty (30) days after days' prior written notice to maintain the furnishing foregoing insurance on the Building using a carrier reasonably satisfactory to Landlord pursuant to a policy or policies meeting the requirements of each this Section 14.1 and of Sections 15.1(c) through (e) below; provided that the deductible amount of any such statement, and if the total amount paid insurance maintained by Tenant hereunder may be up to Ten Thousand Dollars ($10,000) for any such calendar year shall exceed such actual amount due each loss except for (a) damages resulting from Tenant for such calendar yearsewer back-up which may have a deductible of up to Twenty-Five Thousand Dollars ($25,000), such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required damages resulting from flood which may have a deductible of Landlord hereunder up to Fifty Thousand Dollars ($50,000), and (c) damages resulting from earthquake which may be furnished by have a, deductible of up to the greater of five percent (5%) of value or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforTwo Hundred Fifty Thousand Dollars ($250,000).

Landlord’s Insurance. Tenant shall submit to Landlord an itemized statement setting forth the cost of Tenant’s Work and Tenant’s improvements promptly after completion thereof and Tenant shall provide to Landlord, within thirty (a30) Landlord may from time to time providedays after the end of each Lease Year, a written statement of the then current replacement value of the leasehold improvements to the extent Premises. In the same is available from Landlord’s insurance carrierevent Tenant fails to provide such itemized statement, in amounts and coverages determined by Landlord shall have the right to estimate the value of said improvements, which estimate shall be binding upon Tenant. Tenant shall pay Landlord, with or without self insurance retainage and/or deductiblesas additional rent, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or of so insuring such improvements (including the expenses incurred by Landlord for all of relative to insurance appraisals, adjusters and consultants), such insurance coverages payments to be made in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share provided however, that Landlord may elect to xxxx Xxxxxx for such cost on a basis less frequently than monthly. Subsequently to the receipt by Landlord of deductible amounts and self an invoice for such insurance coverage amounts premium, Landlord shall be paid by furnish Tenant following with a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordstatement setting forth such cost. If the total amount paid by Tenant under this Section 11.02 for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s such statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) From and after the date hereof and throughout the Lease Term, Landlord shall maintain in full force and effect the policies of insurance set forth below in SECTIONS 10.2.1 THROUGH 10.2.2. 10.2.1 A policy or policies of insurance insuring the Building and On-site Parking Area against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage, and special extended coverage on building. Such coverage shall be in amounts as Landlord may from time to time providedetermine, to but in no event less than one hundred percent (100%) of the extent full insurable value of the same is available from Landlord’s insurance carrierBuilding and the On-site Parking Area. Additionally, in amounts and coverages determined by at the option of Landlord, with or without self insurance retainage and/or deductibles, such insurance coverage as follows: may include the risks of earthquakes and/or flood damage and additional hazards, a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Real Property or the ground or underlying lessors of the Real Property, or any portion thereof. Tenant shall neither use the Premises nor permit the Premises to be used or acts to be done therein which will (i) commercial general liability increase the premium of any insurance for the Shopping Center and/or regional retail development, described in this SECTION 10.2; (ii) standard extended property cause a cancellation of or be in conflict with any such insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, policies; (iii) rent interruption insuranceresult in a refusal by insurance companies of good standing to insure the Building or On-site Parking Area in amounts reasonably satisfactory to Landlord; or (iv) subject Landlord to any liability or responsibility for injury to any person or property by reason of any operation being conducted in the Premises. Tenant agrees shall, at Tenant’s expense, comply as to pay Landlord its proportionate share (as such term is defined in Section 2.05) the Premises with all reasonable insurance company requirements pertaining to the use of the total cost paid Premises. If Tenant’s conduct or incurred by Landlord use of the Premises causes any increase in the premium for all of such insurance coverages in equal monthly installments on the first day of each calendar monthpolicies, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant’s expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under this Section 11.02American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy 10.2.2 Commercial liability in at least those amounts customarily carried by or for Landlord or under a separate policy thereforlandlords of Comparable Buildings.

Landlord’s Insurance. Landlord shall maintain insurance against loss or damage with respect to the portions of the Project constituting Landlord's Repair Obligations (acollectively, "Landlord's Insured Property") on an "all risk" or equivalent type insurance form, with customary exceptions, subject to such deductibles and self-insured retentions as Landlord may reasonably determine and consistent with the Operations Standard, in an amount equal to at least the replacement value of Landlord's Insured Property. In addition, Landlord shall maintain a Commercial General Liability Insurance policy with respect to the Project with limits of no less than $5,000,000 written on an occurrence basis, which shall provide contractual liability to cover Landlord’s indemnification obligation to Tenant under Section 10.1 above. Landlord's insurance company shall be with a carrier who satisfies the requirements set forth in Section 10.4 below. Such insurance shall be maintained with an insurance company reasonably selected by Landlord. Payment for losses thereunder shall be made solely to Landlord. Landlord shall maintain earthquake insurance, terrorism insurance, and flood insurance, as Landlord may in its reasonable discretion elect and consistent with the Operations Standard. Landlord may also maintain such other insurance as may from time to time providebe reasonably required by a Mortgagee (as defined in Article 18 below) and consistent with the Operations Standard. Any or all of Landlord's insurance may be provided by blanket coverage maintained by Landlord or any affiliate of Landlord under its insurance program for its portfolio of properties, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined or by Landlord, with Landlord or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as any affiliate of Landlord may elect from time to time, (iii) rent interruption under a program of self-insurance. Tenant agrees shall, at Tenant's expense, comply with Landlord's insurance company's commercially reasonable requirements pertaining to pay Landlord its proportionate share (as such term is defined in Section 2.05) the use of the total cost paid Premises. If Tenant's conduct or incurred by Landlord use of the Premises for all of other than general office use causes any increase in the premium for such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, policies then Tenant shall pay to reimburse Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year increase. Tenant, at Tenant's expense, shall exceed such actual amount due from Tenant for such calendar yearcomply with all rules, such excess shall be credited against orders, regulations or requirements of the next installment due from Tenant to Landlord under American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. Notwithstanding the foregoing provisions of this Section 11.02. (b) Any 10.2, the coverage and amounts of insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under in connection with the Building shall at a separate policy thereforminimum be reasonably commensurate with the coverage and amounts of insurance which are carried by reasonably prudent landlords of Comparable Buildings, and Worker's Compensation and Employee's Liability coverage as required by Applicable Laws.

Landlord’s Insurance. During the Term, Landlord shall insure the Project Common Areas, the Building, the Premises and the Tenant Improvements initially installed in the Premises pursuant to Exhibit "C" (aexcluding, however, Tenant's furniture, equipment and other personal property and any Tenant Changes) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, rental loss coverage for a period not to exceed twelve (12) months, at Landlord's option, earthquake damage coverage. In no event will Tenant be obligated to pay more than Twenty Five Thousand Dollars ($25,000.00) per annum on account of any earthquake and flood insurance. Tenant will not be obligated to pay more than Tenant's Percentage of the Building Percentage of any deductible on Landlord's property insurance policies described herein (Tenant's Percentage of the Building Percentage of Landlord's property insurance deductible amount for the Project as of the date hereof being $165,000.00), provided such maximum liability of Tenant shall reduce effective as of the commencement of the seventh (7th) Lease Year and as of the commencement of each Lease Year thereafter by Twenty Percent (20%), such that commencing as of the commencement of the tenth (10th) Lease Year of the Term, Tenant's maximum liability under this sentence shall be Twenty Percent (20%) of Tenant's Percentage of the Building Percentage of Landlord's then property insurance deductible amount; provided, further, however, that if Tenant exercises its Option to Extend contained in Rider No. 1 to this Lease, Tenant's maximum liability shall be reinstated to 100% of Tenant's Percentage of the Building Percentage of Landlord's property insurance deductible and shall thereafter be reduced effective as of the commencement of the second Lease Year of the Option Term and as of the commencement of each Lease Year thereafter by Twenty Percent (20%), such that commencing as of the commencement of the final Lease Year of the Option Term, Tenant's maximum liability under this sentence shall be Twenty Percent (20%) of Tenant's Percentage of the Building Percentage of Landlord's then property insurance deductible amount. Such insurance shall be in the amount of one hundred percent (100%) of the replacement value with deductibles not exceeding fifteen percent (15%) thereof. Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) shall also carry commercial general liability insurance for insurance, in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a similar building in the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentstate of California, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time deductibles not in excess of commercially reasonable deductibles for comparable office building projects in Alameda County. Each policy required to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred be obtained by Landlord for hereunder shall be issued by insurers which are authorized to do business in the state in California and rated not less than financial class VIII, and not less than policyholder rating A in the most recent version of Best's Key Rating Guide. Landlord's commercial general liability policy shall name Landlord as named insured thereunder and shall name Tenant by endorsement as an additional insured. At Landlord's option, all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord carried under any blanket or umbrella policy carried by policies which Landlord has in force for other buildings and projects. In addition, at Landlord's option, provided Landlord maintains a minimum net worth of One Hundred Twenty Five Million Dollars ($125,000,000.00) or for more, Landlord may elect to self-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or under a separate policy thereforthe mortgagees or ground lessors of Landlord may reasonably determine is advisable.

Landlord’s Insurance. Subject to general availability on reasonable commercial terms, the Landlord shall effect and maintain during the Term: (a) Landlord may “all risks” insurance which shall insure the Building for an amount not less than the replacement cost thereof from time to time provide(excluding foundations at the Landlord’s option), against loss or damage by perils now or hereafter from time to time embraced by or defined in a standard all risks insurance policy; (b) broad form boiler and machinery insurance on objects defined in a standard broad form boiler and machinery policy against accidents as defined therein, with limits of not less than ten million dollars ($10,000,000), which coverage shall include, without limitation, loss or damage of whatsoever kind or nature by reason of explosion or collapse by vacuum or cracking, burning, or bulging of any steam or hot water boilers, pipes and accessories and loss of rental income; (c) “all risks” rent and rental value insurance in an amount sufficient to replace all Minimum Rent and Additional Rent payable under the provisions of this Lease for an indemnity period of one (1) year or such other period as the Landlord may determine; (d) comprehensive general liability insurance against claims for bodily injury (including death); personal injury and property damage arising out of all operations in connection with the management and administration of the Building, in an amount not less than five million dollars ($5,000,000) inclusive of any one occurrence; and (e) such other coverage, or increases in the amount of coverage specified above in this Section 9.2, as any Mortgagee may require from time to time or as the Landlord may deem prudent from time to time; with such deductibles and exclusions as the Landlord deems appropriate from time to time. Notwithstanding the Landlord’s obligation to insure as set out above and the Tenant’s contribution to the extent cost of the same is available from Landlord’s insurance carrierpremiums, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general the Tenant is not relieved of any liability insurance for the Shopping Center and/or regional retail developmentarising from or contributed to by its negligence or its wilful acts or omissions, (ii) standard extended property no insurable interest is conferred upon the Tenant under the Landlord’s insurance covering buildingspolicies, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption the Tenant has no right to receive proceeds from the Landlord’s insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) Landlord’s insurance shall contain a waiver of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthsubrogation rights which Landlord’s insurers may have against Tenant, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts insurers and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant persons under this Section for any calendar, lease or fiscal year (at LandlordTenant’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx care and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02control. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall insure the Building and the Premises (aexcluding, however, Tenant’s furniture, equipment and other personal property and the Tenant Improvements and any Tenant Changes) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts against damage by fire and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildingscoverage perils and with vandalism and malicious mischief endorsements, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentrental loss coverage, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) , earthquake damage coverage, and such additional coverage as Landlord deems appropriate. Landlord shall also carry commercial general liability insurance, in such reasonable amounts and with such reasonable deductibles as would be less than carried by a prudent owner of a similar building in the actual amount due from Tenant for such year as shown on state in which the Building is located. At Landlord’s statementoption, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, all such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord carried under any blanket or umbrella policy carried by policies which Landlord has in force for other buildings and projects. In addition, at Landlord’s option, Landlord may elect to self-insure all or for any part of such required insurance coverage. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or under a separate policy thereforthe mortgagees or ground lessors of Landlord may reasonably determine is advisable. If Landlord does not carry any of the insurance described in this Section 21 for the Project during any part of the Base Year but subsequently obtains such insurance for the Project during the Term, then from and after the date upon which Landlord obtains such insurance and continuing throughout the period during which Landlord maintains such insurance, Operating Expenses for the Base Year shall be deemed to be increased by the amount of the premium Landlord reasonably estimates it would have incurred had Landlord maintained such insurance for the same period of time during the Base Year as such insurance was maintained by Landlord during such subsequent calendar year. The cost of insurance obtained by Landlord pursuant to this Section 21 (including self-insured amounts and deductibles) shall be included in Operating Expenses.

Landlord’s Insurance. Landlord shall insure the Building (aincluding the Building Structure and Building Systems) and the Project during the Lease Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Such coverage shall be in such amounts, from such companies, and on such other terms, as Landlord may from time to time providereasonably determine. Additionally, at the sole option of Landlord, such insurance coverage may include the risks of earthquakes and/or flood damage and additional hazards, a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Building or the ground or underlying lessors of the Building, or any portion thereof. Notwithstanding the foregoing terms of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building shall at a minimum be comparable to the extent the same is available from Landlord’s coverage and amounts of insurance carrierwhich are carried by reasonably prudent landlords of Comparable Buildings (but in no event shall Landlord be required to carry earthquake insurance), in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance Worker's Compensation and Employee's Liability coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurancerequired by Applicable Law. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) The minimum limits of the total cost paid or incurred by Landlord for all policies of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for under the Lease shall not limit the liability of Landlord under this Lease with respect to claims covered by such insurance. Tenant shall, at Tenant's expense, comply with all insurance company requirements pertaining to the use of the Premises. If Tenant's conduct or use of the Premises for other than the Permitted Use causes any blanket increase in the premium for such insurance policies then Tenant shall reimburse Landlord for any such increase. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or umbrella policy carried by or for Landlord or under a separate policy therefor.requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body. XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software]

Landlord’s Insurance. (a) Landlord may from time to time provide, shall maintain policies of insurance covering loss of or damage to the extent Building in the same is available from Landlordfull amount of its replacement cost. Such policies shall provide protection (subject to reasonable deductibles) against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (special form), sprinkler leakage, and any other perils that Landlord in good xxxxx xxxxx appropriate. Landlord shall not obtain insurance for Tenant’s insurance carrierAlterations, in amounts and coverages determined by Landlord, with trade fixtures or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) equipment. Landlord shall also maintain a policy of commercial general liability insurance with a combined single limit of not less than Ten Million Dollars ($10,000,000) per occurrence for the Shopping Center and/or regional retail developmentbodily injury and property damage, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with plus coverage against such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) risks as Landlord may elect deems advisable from time to time, (iii) rent interruption insurance. Tenant agrees to pay insuring Landlord its proportionate share (as such term is defined in Section 2.05) against liability arising out of the total cost paid ownership, use, occupancy or incurred maintenance of the Facility and the performance by Landlord of the indemnity provisions, to the extent commercially available in commercial general liability insurance policies or, for all a reasonable additional cost, with riders thereto, of this Lease; provided, however, that Landlord may at its option elect to substitute for said policy insurance that is part of a blanket insurance policy maintained by Landlord. In addition, if Landlord determines that a majority of landlords of Comparable Buildings do so, Landlord shall increase such insurance coverage and/or obtain such additional coverages to the level carried by such other landlords. All the insurance required to be carried by Landlord hereunder shall: (a) Be issued by insurance companies that are qualified and admitted to do business in equal monthly installments on the first day State of each calendar monthCalifornia and that carry a designation in “Best’s Insurance Reports,” as issued from time to time throughout the Term, in advance, in an amount estimated by Landlordas follows: Policy holders’ rating of A-; Tenant’s proportionate share financial rating of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be not less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statementX, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any Waive subrogation in favor of Tenant with respect to property loss or damage by fire or other casualty. The amount of such liability coverage may be increased from time to time as required by Landlord (but Landlord shall not increase such liability coverage to an amount greater than that required by owners of Comparable Buildings) or Landlord’s lender. Notwithstanding anything above to the contrary, Landlord may self-insure the obligations set forth herein so long as (i) Landlord maintains a net worth at least equal to 2.5 times the greater of initial replacement value of the Facility and the replacement value of the Facility from time to time according to its most recent audited financial statement (in accordance with sound accounting principles consistently applied), and (ii) Landlord governs and manages its self-insurance program in a manner consistent with programs managed by reasonable businesses. If Landlord elects to self-insure, Landlord shall be responsible for any losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy thereforthis Lease.

Landlord’s Insurance. Throughout the Term of this Lease, Landlord shall maintain, as a minimum, the following insurance policies: (a) property insurance for the Building’s full replacement value (excluding such improvements and personal property required to be insured by Tenant), less a commercially reasonable deductible if Landlord may from time to time provideso chooses, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (ib) commercial general liability insurance for in an amount of not less than $3,000,000.00. Landlord may, but is not obligated to, maintain such other insurance and additional coverages as it may deem necessary provided the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, same are consistent with such special extended coverage endorsements other insurance and other special insurance additional coverages (including, without limitation, earthquake, terrorism, coastal windstorm as are carried by prudent landlords and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share owners of “Comparable Premises” (as such term is defined in Section 2.0520.2 below) and/or are required by Landlord’s lender. The cost of the total cost paid or incurred insurance carried by Landlord with respect to the Premises (the “Insurance Costs”) shall be payable by Tenant monthly as Additional Rent. The foregoing insurance policies and any other insurance carried by Landlord shall be for all the sole benefit of Landlord and under Lxxxxxxx’s sole control, and Tenant shall have no right or claim to any proceeds thereof or any other rights thereunder. Any insurance required to be maintained by Landlord may be taken out under a blanket insurance policy or policies covering other buildings, property or insureds in addition to the Premises and Landlord. In such event, the costs of any such blanket insurance coverages policy or policies shall be reasonably and proportionately allocated to the Premises and the other properties covered by such policy or policies as reasonably determined by Landlord in equal monthly installments good faith. Notwithstanding anything in this Lease to the contrary and to the extent permitted under applicable law, Landlord’s indemnity obligations under this Lease shall be limited to the extent any such claim is insured against under the terms of any insurance policy maintained by Landlord (or is required to be maintained by Landlord under the terms of this Lease) except and to the extent of the gross negligence of or willful misconduct of Landlord or any Landlord Parties for which Landlord shall be liable. Tenant shall pay to Landlord the Insurance Costs. Landlord may make a good faith estimate of Insurance Costs to be due by Tenant for any calendar year during the Term. For each calendar year or partial calendar year of the Term, if applicable, Tenant shall pay to Landlord, in advance on the first day of each calendar month, in advance, in an amount estimated by Landlord; equal to Tenant’s proportionate share estimated Insurance Costs for such calendar year or part thereof divided by the number of deductible amounts months therein. From time to time, but no more than once per calendar year, Landlord may reasonably adjust its estimate of the annual Insurance Costs to be due by Tenant for the calendar year and self insurance coverage amounts deliver a copy of same to Tenant. Thereafter, the monthly installments of Insurance Costs payable by Tenant shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordappropriately adjusted in accordance with such estimate for the remainder of such calendar year. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount Any amounts paid by Tenant hereunder for Insurance Costs based on such an estimate shall be subject to reconciliation to be performed by Landlord no later than ninety (90) days following the end of the calendar year, and any overpayment by Tenant of Insurance Costs against actual Insurance Costs incurred for the Premises for such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against and applied to future Rent becoming due and any underpayments by Tenant shall be payable by Tenant within ten (10) days after receipt of the next installment due from Tenant to Landlord under this Section 11.02reconciliation statement showing such underpayment. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall carry commercial general liability insurance with respect to the Building and Project during the Lease Term, and shall further insure the full replacement cost of the Building and Project during the Lease Term against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Landlord's casualty policy shall contain a "building laws" endorsement (a) Landlord may from time to time provide, to the extent the same is available from on a commercially reasonable basis). Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, 's insurance coverage shall be in such amounts, from such companies, and on such other terms and conditions, as follows: (i) Landlord may from time to time reasonably determine, provided that in no event shall Landlord's commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, be in an amount estimated by less than $5,000,000.00, combined single limit. Additionally, at the option of Landlord; Tenant’s proportionate share of deductible amounts and self , such insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordmay include the risks of earthquakes and/or flood damage and additional hazards, and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Building or Project or the ground or underlying lessors of the Building, Project, or any portion thereof. If Notwithstanding the total amount paid by Tenant under foregoing provisions of this Section for any calendar10.2, lease or fiscal year (the coverage and amounts of insurance carried by Landlord in connection with the Building and Project shall, at Landlord’s option) shall a minimum, be less than comparable to the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid coverage and amounts of insurance which are carried by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing reasonably prudent landlords of each such statementComparable Buildings, and if Worker's Compensation and Employer's Liability coverage as required by applicable law. Furthermore, Landlord shall, during the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar yearLease Term, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. carry a policy of rental interruption insurance covering one (b1) Any years' loss of rent. The minimum limits of policies of insurance required of Landlord hereunder may be furnished by or for under the Lease shall not limit the liability of Landlord under this Lease with respect to claims covered by such insuance. The insurance obtained by Landlord shall specifically cover the indemnification liability of Landlord under this Lease. Tenant shall, at Tenant's expense, comply with all insurance company requirements pertaining to the use of the Premises. If Tenant's conduct or use of the Premises causes any blanket increase in the premium for such insurance policies then Tenant shall reimburse Landlord for any such increase. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or umbrella policy carried by or for Landlord or under a separate policy thereforrequirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body.

Landlord’s Insurance. (a) During the term of this Lease, Landlord may from time to time provideshall, to at Landlord's sole cost and expense, for the extent the same is available from Landlord’s insurance carriermutual benefit and protection of Landlord and Tenant, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial maintain comprehensive general liability insurance against claims for personal injury or death and property damage occurring upon, on, or about the Shopping Center and/or regional retail developmentCenter, such insurance to afford protection to a limit of not less than a combined single limit of One Million Dollars (ii$1,000,000.00) standard extended per occurrence in respect of personal injury or death and property damage, as well as a so-called "umbrella" or excess liability policy to afford protection to a limit of not less than a combined single limit of Five Million Dollars ($5,000,000.00) per occurrence in respect of personal injury or death and property damage. Landlord agrees during the term of this Lease, to deliver to Tenant certified copies of 'policies evidencing the insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred procured by Landlord for all under the terms hereof, or to deliver in lieu thereof certificates of such coverage from the insurance coverages in equal monthly installments on company or companies writing said policy or policies of insurance, which certificates shall designate the first day of each calendar monthcompany writing the same, in advancethe number, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self provisions thereof. All insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency policies to be paid within provided by Landlord shall contain a provision that said policies shall not be cancelled, terminated or expire without thirty (30) days' prior notice from the insurance company to Tenant. Landlord agrees that on or before twenty (20) days after prior to expiration of any insurance policy, Landlord shall deliver to Tenant written notification in the furnishing form of each such statementa receipt or other similar documents from the applicable insurance company that said policy or policies have been renewed, or deliver certificates of coverage or certified copies from another insurance company licensed to do business in the state in which the Leased Land is located and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from acceptable to Tenant for such calendar yearcoverage. In the event Landlord should fail to procure or keep in force the insurance which, such excess as provided in this Lease, must be procured and kept by Landlord, Tenant may, but shall not be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any obligated to, procure insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for '- Landlord or under a separate policy thereforbenefit and recover the cost thereof from Landlord within ten (10) days from written demand therefor from Tenant.

Landlord’s Insurance. With respect to insurance maintained by Landlord: Building C (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than six months. Such fire and property damage insurance, at Landlord’s election but without any requirements on Landlord’s behalf to do so, (i) may be written in so-called “all risk” form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; (ii) may provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may provide coverage for loss of rents for a period of up to twelve months. Landlord shall not be required to cause such insurance to cover any of Tenant’s personal property, inventory, and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. Any earthquake insurance carried by Landlord for the Building or the Project may be a blanket insurance coverage policy covering the Project and other office buildings owned by Landlord or Landlord’s affiliates, and shall be a blanket policy during any period that Landlord is a Menlo Equities affiliate and such a blanket policy is more economical than an individual earthquake policy. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Ten Million Dollars ($10,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s Lender or insurance advisor may from time to time provide, to determine is reasonably necessary for the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by adequate protection of Landlord, with or without self insurance retainage and/or deductiblesthe Property, insurance coverage as follows: (i) commercial general liability insurance for and the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of Project provided such insurance coverages in equal monthly installments on the first day is commonly carried by owners of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts property similarly situated and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant operating under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02similar circumstances. (bc) Any Landlord may maintain boiler and machinery insurance required to limits sufficient to restore the Building. (d) Landlord may maintain any other insurance which in the opinion of Landlord hereunder may be furnished by or for Landlord its insurance advisor is prudent to carry under any blanket or umbrella policy the given circumstances, provided such insurance is commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. (a) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, statement and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual actua amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.. S17 COMMON AREA CHARGE

Landlord’s Insurance. A. Landlord, at its sole cost and expense but subject to the terms and conditions of the Lease Agreement, shall obtain and keep (aor cause to be maintained and kept on its behalf) in full force and effect during the Term a policy (which policy may be a blanket policy) of commercial general liability insurance on an occurrence basis against claims for personal injury, bodily injury, death and/or property damage, with minimum limits in an amount of not less than $2,000,000 with respect to each occurrence and $4,000,000 with respect to annual aggregate occurrences. On or prior to the Commencement Date, Landlord shall deliver to Tenant appropriate policies or certificates of insurance evidencing such coverage, including evidence of waivers of subrogation required to be carried pursuant to this Exhibit E (the “Landlord Policies”) and that (i) Tenant, (ii) any lender whose loan is secured by a lien against the Tenant’s interest in the Leased Premises, (iii) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (iv) any directors, officers, employees, agents, or contractors of such persons or entities (collectively, the “Tenant Parties”) are named as additional insureds. Evidence of each renewal or replacement of the Landlord Policies shall be delivered by Landlord to Tenant at least ten (10) days prior to the expiration of the Landlord Policies. In lieu of the Landlord Policies, Landlord may from time deliver to time provide, to the extent the same is available Tenant a certification from Landlord’s insurance carriercompany (on the form currently designated “Xxxxx 25-S” (Certificate of Liability Insurance), in amounts or the equivalent, provided that attached thereto is an endorsement to Landlord’s commercial general liability policy naming the Tenant Parties as additional insureds) which shall be binding on Landlord’s insurance company, and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: which shall expressly provide that such certification (i) commercial general liability insurance for conveys to the Shopping Center and/or regional retail developmentTenant Parties all the rights and privileges afforded under the Landlord Policies as primary insurance, and (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) contains an obligation of the total cost paid or incurred insurance company to advise all Tenant Parties in writing by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthcertified mail, in advancereturn receipt requested, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within least thirty (30) days after in advance of any termination or change to the furnishing Landlord Policies that would affect the interest of each such statement, and if any of the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Parties. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Tenant shall submit to Landlord an itemized statement setting forth the cost of Tenant’s Work and Xxxxxx’s improvements promptly after completion thereof and Tenant shall provide to Landlord, within thirty (a30) Landlord may from time to time providedays after the end of each Lease Year, a written statement of the then current replacement value of the leasehold improvements to the extent Premises. In the same is available from Landlord’s insurance carrierevent Tenant fails to provide such itemized statement, in amounts and coverages determined by Landlord shall have the right to estimate the value of said improvements, which estimate shall be binding upon Tenant. Tenant shall pay Landlord, with or without self insurance retainage and/or deductiblesas additional rent, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or of so insuring such improvements (including the expenses incurred by Landlord for all of relative to insurance appraisals, adjusters and consultants), such insurance coverages payments to be made in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share provided however, that Landlord may elect to xxxx Xxxxxx for such cost on a basis less frequently than monthly. Subsequently to the receipt by Landlord of deductible amounts and self an invoice for such insurance coverage amounts premium, Landlord shall be paid by furnish Tenant following with a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordstatement setting forth such cost. If the total amount paid by Tenant under this Section 11.02 for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s such statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord covenants and agrees that throughout the Term it will insure the Property and the Building (aexcluding any property with respect to which Tenant is obligated to insure pursuant to Subsection 10(a)(i)(1) Landlord may from time above, but including the Premises Work (as defined in Exhibit C to time provide, to this Lease) against damage by perils covered by the extent the same is available from Landlord’s all-risk “special form” property insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance in such reasonable amounts with such reasonable deductibles as required by any Mortgagee or ground lessor, or, if none, as would be carried by a prudent owner of a similar building in the area, provided that such property insurance must be for the Shopping Center and/or regional retail developmentfull replacement cost of the Building and such commercial general liability insurance shall have a single limit of not less than Five Million Dollars ($5,000,000). Landlord may, but shall not be obligated to, take out and carry any other forms of insurance as it or the Mortgagee or ground lessor (iiif any) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as of Landlord may elect from time to time, (iii) rent interruption insurancereasonably require or reasonably determine available. Tenant agrees to pay All insurance carried by Landlord its proportionate share (as such term is defined on the Building in accordance with this Section 2.0510(b) of the total Lease or otherwise allocated to the Building pursuant to the Declaration or any contribution by Tenant to the cost paid of insurance premiums by Tenant as provided in Section 10(a)(iii) herein shall be included as an Operating Expenses pursuant to Section 8. Notwithstanding its inclusion as an Operating Expense or incurred any contribution by Tenant to the cost of insurance premiums by Tenant as provided in Section 10(a)(iii) herein, Tenant acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Landlord for all although Landlord shall use such proceeds in the repair and reconstruction of such insurance coverages in equal monthly installments on the first day Building, the Property and the Premises. Tenant further acknowledges that the exculpatory provisions of each calendar month, in advance, in an amount estimated by Landlord; this Lease and the provisions of this Section 10 as to Tenant’s proportionate share insurance are designed to insure adequate coverage as to Tenant’s property and business without regard to fault and avoid Landlord obtaining similar coverage for such loss for its negligence or that of deductible amounts and self its agents, servants or employees which would result in double coverage for the same perils includable as part of Operating Expenses which are payable in part by Tenant. Landlord will not carry insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by of any kind on Tenant’s furniture or furnishings, or on any trade fixtures, equipment, appurtenances or improvements of Tenant under this Section for any calendar, lease or fiscal year Lease (at Landlord’s option) shall be less other than the actual amount due from Tenant for such year Premises Work (as shown on Landlord’s statement, Tenant shall pay defined in Exhibit C to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statementthis Lease)), and if Landlord shall not be obligated to repair any damage thereto or replace the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02same. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) Throughout the Term, Landlord may from time to time provideshall maintain, to the extent the same is available from Landlord’s insurance carrier, in amounts at its sole cost and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followsexpense: (i) commercial general liability insurance covering Landlord’s activities and operations at the Premises, with a combined single limit for the Shopping Center and/or regional retail developmentbodily or personal injury, including death, of Three Million and No/100 Dollars ($3,000,000.00) per occurrence and an aggregate limit for such insurance of Five Million and No/100 Dollars ($5,000,000.00); and (ii) standard extended property any other insurance covering buildingsthat Landlord is required to maintain under the Incentive Agreements, improvements and/or leasehold improvements including, but not limited to the Prime Lease, unless Tenant is maintaining the same pursuant to Section 11.01. Landlord may satisfy the liability insurance requirements under this section, at its option, with the combination of a base liability insurance policy and an umbrella liability insurance policy. The insurance policies that Landlord is required to obtain under this Lease shall be issued by a reputable insurance company licensed to do business in the State of Missouri that have an A.M. Best Insurance Reports rating of at least A- (or its equivalent), and Xxxxxxxx’s commercial liability insurance shall name Tenant and the County (throughout the term of the Prime Lease) as additional insureds with respect to claims arising from Xxxxxxxx’s negligence, but not in the event of injury or damage arising from Xxxxxx’s acts or omissions. Subject to the other terms of this Lease, Tenant shall reimburse Landlord, as additional rent, for the reasonable costs Landlord pays to maintain the insurance required under this Section 11.02 (the “Insurance Costs”) during the Term; provided, the Insurance Costs shall be prorated for any partial calendar year falling within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insuranceTerm. Tenant agrees to shall pay Landlord its proportionate share one-twelfth (as such term is defined in Section 2.051/12th) of Landlord’s reasonable estimate of the total cost paid Insurance Costs for each calendar year during the Term, on or incurred by Landlord for all of such insurance coverages in equal monthly installments on before the first (1st) day of each month during such calendar month, in advance, in year. Landlord shall furnish Tenant with a written statement (an amount estimated by Landlord; Tenant’s proportionate share “Insurance Statement”) showing the final calculation of deductible the amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence owes under this section for each calendar year during the Term within ten sixty (10)thirty (3060) days following written notice from Landlordafter the end of such calendar year. If the total amount estimated payments made by Tenant pursuant to this section with respect to any calendar year are not sufficient to cover the Insurance Costs for such calendar year to be paid by Tenant under this Section for any calendarsection, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, then Tenant shall pay to Landlord the difference between deficiency within sixty (60) days after Xxxxxx’s receipt of the amount paid Insurance Statement for such year. If the estimated payments made by Xxxxxx and Tenant pursuant to this section with respect to any calendar year exceed the actual amount due, portion of the Insurance Costs for such deficiency calendar year to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar yearunder this section, such then the excess shall be credited against the next installment due from future amounts Tenant to Landlord owes under this Section 11.02section; provided any such excess existing at the expiration or termination of this Lease shall be promptly refunded to Tenant. In order to manage the Insurance Costs, Tenant shall have the right, annually, upon giving written notice to Landlord, to require that (i) Landlord obtain quotes for such insurance from at least three (3) insurance companies that are reasonably acceptable to Tenant and Landlord, and (ii) Landlord shall purchase such insurance from the insurance company that submits the lowest quote. Without limiting the generality of the foregoing, Tenant may require that Landlord obtain quotes for such insurance from Tenant’s provider. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall maintain in full force and effect a policy of property insurance that insures the Common Area improvements, the Building and the Premises (aexcluding, however, Tenant’s furniture, equipment and other personal property and the Tenant Improvements and any Tenant Changes) Landlord may from time to time provide, to the extent the same is available from Landlord’s insurance carrier, in amounts against damage by fire and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildingscoverage perils and with vandalism and malicious mischief endorsements, improvements and/or leasehold improvements within the Shopping Center and/or regional retail developmentbuilding ordinance coverage, with such special extended rental loss coverage endorsements and other special insurance coverages (includingequal to full rental value for a period of 12 months, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance earthquake damage coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option), and such additional coverages (including insurance for the Tenant Improvements and Tenant Changes) shall as Landlord reasonably deems appropriate and may be less carried by a prudent owner of a similar building in Multnomah County, State of Oregon. The amount of such insurance must be equal to the full insurable replacement cost of the Common Area improvements and the Building shell, foundation, roof, systems, loading docks and doors (excluding Tenant Improvements and Tenant Changes), or the amount required by any lender, but in no event more than the actual amount due from Tenant for commercially reasonable and available insurable value thereof. During the Term, Landlord shall also maintain in full force and effect a policy of commercial general liability insurance, in such year reasonable amounts and with such reasonable deductibles as shown on may be carried by a prudent owner of a similar building in Multnomah County, State of Oregon, insuring Landlord’s statementactivities with respect to the Premises, Tenant shall pay the Common Areas and Project for loss, damage or liability for personal injury or death of any person or loss or damage to Landlord property occurring in, upon or about the difference between the amount paid by Xxxxxx and the actual amount duePremises, Common Areas or Project. At Landlord’s option, all such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord carried under any blanket or umbrella policy policies which Landlord has in force for other buildings and projects. Landlord may, but shall not be obligated to, carry any other form or forms of insurance as Landlord or the mortgagees of Landlord may reasonably determine is advisable and may be carried by a prudent owner of a similar building in Multnomah County, State of Oregon. In addition, Landlord shall carry such other insurance as may be required by its lender holding a mortgage or for trust deed lien on the Project. The cost of insurance obtained by Landlord or under pursuant to this Section 21 (including deductibles) shall be included in Operating Expenses. Each policy required to be carried by Landlord hereunder shall (a) be issued by insurers which are rated not less than financial class X, and not less than policyholder rating A in the most recent version of Best’s Key Rating Guide, (b) have reasonable deductible amounts that may be carried by a separate prudent owner of a similar building in Multnomah County, Oregon, and (c) contain an endorsement that the insurer waives its right to subrogation as described in Section 22 below. Landlord shall deliver to Tenant, upon request, proof of the existence of each policy thereforrequired to be carried by Landlord hereunder.

Landlord’s Insurance. Tenant shall submit to Landlord an itemized statement setting forth the cost of Tenant’s Work and Tenant’s improvements promptly after completion thereof and Tenant shall provide to Landlord, within thirty (a30) Landlord may from time to time providedays after the end of each Lease Year, a written statement of the then current replacement value of the leasehold improvements to the extent Premises. In the same is available from Landlord’s insurance carrierevent Tenant fails to provide such itemized statement, in amounts and coverages determined by LandlordLandlord shall have the right to estimate the value of said improvements, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurancewhich estimate shall be binding upon Tenant. Tenant agrees to pay shall pay, as additional rent, Landlord its proportionate share (as such term is defined in Section 2.05) of for the total cost paid or of so insuring such improvements (including the expenses incurred by Landlord for all of relative to insurance appraisals, adjusters and consultants), such insurance coverages payments to be made in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share provided however, that Landlord may elect to bill Tenant for such cost on a basis less frequently than monthly. Subsequently to the receipt by Landlord of deductible amounts and self an invoice for such insurance coverage amounts premium, Landlord shall be paid by furnish Tenant following with a casualty occurrence within ten (10)thirty (30) days following written notice from Landlordstatement setting forth such cost. If the total amount paid by Tenant under this Section 11.02 for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s such statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx Tenant and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. Landlord shall during construction carry a policy of Builder’s Risk insurance and at all times during the Lease Term carry a policy of insurance which insures the Building, Parking Areas and the Tenant’s leasehold improvements and improvements and betterments against loss or damage by fire or other casualty (anamely, the perils against which insurance is afforded by a Causes of Loss Special Form insurance policy) for at least the full replacement value thereof; provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss of or damage to any personal property of Tenant or which Tenant may from time to time providehave in the Building or the Leased Premises including any trade fixtures installed by or paid for by Tenant on the Leased Premises. Tenant shall be an additional insured and loss payee under such policy, to the extent the same is available from Landlord’s insurance carrier, in amounts as their interest may appear. Such policy shall not be modified without giving Tenant at least thirty (30) days’ notice. Landlord shall furnish Tenant with Certificates of Insurance evidencing such coverage. Landlord shall provide and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) maintain commercial general liability insurance for with respect to the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, Parking Areas with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) a combined single limit of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be not less than Five Million Dollars ($5,000,000), including insurance against the actual amount due from assumed or contractual liability of Landlord hereunder for bodily injury, death, and property damage. Such insurance policy or policies shall protect Tenant for such year and Landlord as shown their interests may appear, naming Tenant as an additional insured and shall provide that it may not be cancelled on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within less than thirty (30) days after prior written notice to Tenant. Landlord shall furnish Tenant with Certificates of Insurance evidencing such coverage. Notwithstanding anything to the furnishing contrary contained in Section 9.03, Landlord may, at its option, satisfy any or all of each such statementits obligations to insure with (a) a so-called “blanket” policy or policies of insurance, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02. or (b) Any insurance required an excess or umbrella liability policy or policies of Landlord hereunder may insurance, now or hereafter carried and maintained by Landlord; provided, however, that Tenant shall be furnished named as additional insured and loss payee thereunder, and provided that the coverage afforded Tenant and any additional insureds shall not be reduced or diminished by or for Landlord under reason of the use of any such blanket or umbrella policy carried or policies and that all the requirements set forth in this Section 9.03 are otherwise satisfied. Subject to Tenant’s approval, Landlord may have a deductible under such policies. Landlord’s policies of insurance shall be issued by one or for Landlord more insurance companies rated [A-/VIII or under a separate policy thereforbetter] by A.M. Best and shall be written by an insurance company licensed to do business in North Carolina.

Landlord’s Insurance. With respect to insurance maintained by Landlord: (a) Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and property damage insurance in so-called special form coverage insuring Landlord (and such others as Landlord may designate) against loss from physical damage to the Building with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof and against loss of rents for a period of not less than six months. Such fire and property damage insurance: (i) shall be written in so-called “all risk” form, excluding only those perils commonly excluded from such coverage by Landlord’s then property damage insurer; (ii) shall provide coverage for physical damage to the improvements so insured for up to the entire full actual replacement cost thereof; (iii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood; and/or (iv) may provide coverage for loss of rents for a period of up to twelve months. Landlord shall not be required to cause such insurance to cover any of Tenant’s Property, or any modifications, alterations, or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. (b) Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit coverage of at least Ten Million Dollars ($10,000,000). Landlord may carry such greater coverage as Landlord or Landlord’s Lender, insurance broker, advisor or counsel may from time to time provide, to determine is reasonably necessary for the extent the same is available from Landlord’s insurance carrier, in amounts and coverages determined by adequate protection of Landlord, with or without self insurance retainage and/or deductiblesthe Property, insurance coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Project. (bc) Any Landlord may maintain boiler and machinery insurance required to limits sufficient to restore the Building. (d) Landlord may maintain any other insurance which in the opinion of Landlord hereunder may be furnished by its insurance broker, advisor or for Landlord legal counsel is prudent to carry under any blanket or umbrella policy the given circumstances, provided such insurance is commonly carried by or for Landlord or owners of property similarly situated and operating under a separate policy thereforsimilar circumstances.

Landlord’s Insurance. Subject to Tenant's right to carry and pay -------------------- directly for insurance as permitted by Section 4.1, Landlord shall maintain during the Lease Term "all-risk" insurance insuring the Building against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage, and special extended coverage. Such coverage shall be written for one hundred percent (a100%) of the replacement cost value of the Building, without deduction for depreciation, and shall be from such companies, and on such other terms and conditions as Landlord may from time to time providereasonably determine. Such insurance coverage shall also include a rental loss endorsement and one or more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Real Property or the ground or underlying lessors of the Real Property, or any portion thereof. Such policy shall also contain a "stipulated value" endorsement deleting any co-insurance provisions. Notwithstanding the foregoing provisions of this Section 10.2, the coverage and amounts of insurance carried by Landlord in connection with the Building shall at a minimum be comparable to the extent the same is available from Landlord’s coverage and amounts of insurance carrier, in amounts which are carried by institutional landlords of Comparable Buildings. Landlord shall also carry Worker's Compensation and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance Employee's Liability coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail developmentrequired by applicable law. Upon inquiry by Tenant, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insuranceLandlord shall inform Tenant of all such insurance carried by Landlord. Tenant agrees shall, at Tenant's expense, comply as to pay the Premises with all customary insurance company requirements pertaining to the use of the Premises to the extent consistent with the insurance company requirements imposed at the Comparable Buildings. If Tenant's conduct or use of the Premises other than for the uses permitted under Section 5.1 of this Lease causes any increase in the premium for such insurance policies, then Tenant shall, following notice from Landlord its proportionate share either (as i) cease such term is defined in Section 2.05conduct or use, or (ii) reimburse Landlord for any such increase. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body to the extent consistent with the rules, orders, regulations or requirements imposed at the Comparable Buildings. Landlord may carry earthquake and flood insurance with a deductible of not less than five percent (5%) of the total cost paid or incurred by replacement value of the Building at the time of loss and not more than the amount of deductible then customarily maintained under similar insurance with respect to Comparable Projects, and Tenant will reimburse Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar monthpremium cost thereof up to Sixty Thousand and 00/100 Dollars ($60,000.00) per year, in advance, plus annual increases thereof in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following no greater on a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less percentage basis than the actual amount due from Tenant annual percentage increase in the Consumer Price Index for such All Urban Consumers (base year as shown on Landlord’s statement1982-1984'100) for the Los Angeles, Tenant shall pay to Landlord Anaheim, Riverside area published by the difference between the amount paid by Xxxxxx and the actual amount dueUnited States Department of Labor, such deficiency to be paid within thirty (30) days after the furnishing Bureau of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02Labor Statistics. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. The Landlord shall effect and maintain during the Term: (a) Landlord may all risks" insurance which shall insure the Building for an amount not less than the replacement cost thereof from time to time provide(excluding foundations at the Landlord's option), against loss or damage by perils now or hereafter from time to the extent the same is available time embraced by or defined in a standard all risks insurance policy including fire, explosion, impact by aircraft or vehicles, lightning, riot, vandalism or malicious acts, smoke, leakage from Landlord’s fire protective equipment, windstorm or hail, collapse or earthquake; (b) broad form boiler and machinery insurance carrier, on objects defined in amounts a standard broad form boiler and coverages determined by Landlordmachinery policy against accidents as defined therein, with or without self insurance retainage and/or deductibles, insurance limits of not less than Ten Million Dollars ($10,000,000.00) which coverage as follows: (i) commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special extended coverage endorsements and other special insurance coverages (includingshall include, without limitation, earthquakeloss or damage of whatsoever kind or nature by reason of explosion or collapse by vacuum or cracking, terrorismburning, coastal windstorm or bulging of any steam or hot water boilers, pipes and flood coveragesaccessories and loss of rental income; (c) all risks" rent and rental value insurance in an amount sufficient to replace all Minimum Rent and Additional Rent payable under the provisions of this Lease for an indemnity period of one (1) year or such other period as the Landlord may elect determine; (d) comprehensive general liability insurance against claims for bodily injury (including death); personal injury and property damage arising out of all operations in connection with the management and administration of the Building, in an amount not less than Five Million Dollars ($5,000,000.00) inclusive of any one occurrence; and (e) such other coverage, or increases in the amount of coverage specified above in this Section 9.03, as any Mortgagee or as the lessors under any ground lease may require from time to time or as the Landlord may deem prudent from time to time, (iii) rent interruption with such reasonable deductions and exclusions as the Landlord deems appropriate from time to time. At the request of the Tenant, the Landlord shall provide the Tenant with evidence of such insurance. Tenant The Landlord agrees to pay Landlord that at its proportionate share (as sole cost each such term is defined in Section 2.05) policy shall contain a waiver of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year insurer's subrogation rights as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord and those claiming through and under this Section 11.02the Tenant. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term, Landlord shall, at Tenant’s sole cost and expense, insure the Building (aexcluding, however, Tenant’s furniture, equipment and other personal property and any Tenant Changes) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, rental loss coverage, and such additional coverage desired by Landlord may from time to time provide, to in its commercially reasonable judgment and consistent with that maintained by a prudent owner of a Comparable Building in the extent general vicinity of the same is available from Landlord’s insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as follows: (i) Building. Landlord shall also carry commercial general liability insurance for the Shopping Center and/or regional retail developmentinsurance, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, in such reasonable amounts and with such special extended coverage endorsements reasonable deductibles as would be carried by a prudent owner of a Comparable Building in the general vicinity of the Building. At Landlord’s option, all such insurance may be carried under any blanket or umbrella policies which Landlord has in force for other buildings and other special insurance coverages (includingprojects. In addition, without limitationat Landlord’s option, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to timeself-insure all or any part of such required insurance coverage. Landlord may, (iii) rent interruption insurancebut shall not be obligated to, carry any other form or forms of insurance as Landlord or the mortgagees or ground lessors of Landlord may reasonably determine is advisable. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) The cost of the total cost paid or incurred insurance obtained by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts pursuant to this Section 20.4 shall be paid by Tenant following a casualty occurrence to Landlord within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (3010) days after the furnishing Landlord’s presentation of each such statementan invoice to Tenant, and if the total amount paid by provided, however, that in no event shall Tenant hereunder for any such be required to contribute more than Twenty Thousand Dollars ($20,000) per calendar year (the “Insurance Cap”) towards the cost of Landlord’s insurance; provided further, however, that such Insurance Cap shall exceed such actual amount due from Tenant for such be deemed increased by three percent (3%) per calendar year during the Lease Term over the Insurance Cap in effect during the prior calendar year. In the event the cost of obtaining such insurance exceeds the Insurance Cap, such excess Landlord shall be credited against required to pay the next installment due additional cost of such insurance without reimbursement from Tenant to Landlord under this Section 11.02Tenant. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. (a) During the construction of the Base Building Work and continuing until the completion thereof, Landlord shall maintain, at Landlord's expense, builder's risk insurance on an "all risk" basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant, as their interests may from time to time provideappear, in all work incorporated in the Building and all materials and equipment in or about the Premises. (b) Throughout the Term, Landlord shall maintain, as an Operating Expense, standard All Risk Coverage insurance on the Premises, including the Base Building, Initial Installations and subsequent Alterations and any improvements and betterments which may be made on behalf of or paid by the Tenant to the extent that same are customarily insurable as part of the same is available from realty (but excluding Tenant Property and Specialty Alterations) insuring against such perils as are insured against under such policies for the full replacement cost thereof; provided, however, Landlord shall only be required to maintain insurance for Initial Installations and Alterations to the extent Tenant has provided Landlord the Initial Installations Construction Documents, the construction documents for any Alteration, and reasonably detailed schedules reasonably satisfactory to Landlord’s 's insurer, describing the property to be insured. Without limitation, such insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followsshall include: (i) insurance on the Building and other improvements and Landlord's property therein against fire and casualty and other risks as may be included in all-risk coverage casualty insurance in an amount equal to full replacement cost of the Building and the Parking Garage (exclusive of footings and foundations), and rent loss insurance protecting Landlord against abatement or loss of rent in an amount equal to the Rent paid by Tenant under this Lease for a period of eighteen (18) months; (ii) commercial general liability insurance on an occurrence basis against claims for bodily injury (including death) and for property damage occurring in or about the Shopping Center and/or regional retail developmentPremises for which the Landlord is legally liable and including actions of the employees, (ii) standard extended property insurance covering buildingscontractors, improvements and/or leasehold improvements within subcontractors, invitees, agents and others working on behalf of the Shopping Center and/or regional retail developmentLandlord, with such special extended coverage endorsements under which Landlord is named as the insured and other special insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) Tenant is named as Landlord may elect from time to time, additional insured; (iii) rent interruption insurancebroad form boiler and machinery insurance covering property damage; (iv) blanket, broad-form contractual liability coverage to insure Landlord's indemnity obligations set forth in Article 29 hereof; and (v) such other insurance as it is or may become customary ---------- for owners of Comparable Buildings to carry for loss of or damage to the property, or liability arising therefrom. Tenant agrees If the aggregate limit of such coverage is reduced by the payment of a claim or establishment of a reserve equal to pay Landlord its proportionate share or greater than fifty percent (as such term is defined in Section 2.0550%) of the total cost paid annual aggregate, Landlord shall immediately arrange to have the aggregate limit restored by endorsement to the existing policy or incurred the purchase of an additional insurance policy unless, Landlord maintains sufficient excess liability insurance with a "drop-down" endorsement to satisfy the liability requirements of this Lease without the reinstatement of the aggregate limit; (c) All insurance required to be carried by Landlord for all pursuant to the terms of such insurance coverages in equal monthly installments on this Lease (i) shall contain a provision that (x) only material statements or acts that would ordinarily void or suspend coverage will adversely affect the first day rights of each calendar monththe offending party, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts (y) the policy shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) noncancellable and/or no material change in coverage shall be less than the actual amount due from made thereto unless Tenant for such year as shown on Landlord’s statement, Tenant and Mortgagees and Lessors which are additional insureds or loss payees thereunder shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within have received thirty (30) days after prior notice of the furnishing of each such statementsame, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess (z) Landlord shall be credited against solely responsible for the next installment due payment of all premiums under such policies and Tenant and Mortgagees and Lessors shall have no obligation for the payment thereof, and (ii) shall be effected under valid and enforceable policies issued by reputable and independent insurers authorized to do business in the Commonwealth of Virginia and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation), as having a "Best's Rating" of "A-" or better and "Financial Size Category" of at least X or, if such ratings are not then in effect, the reasonable equivalent thereof. The deductible on Landlord's All Risk Coverage Insurance shall not exceed Twenty-Five Thousand Dollars ($25,000) or such greater amount as may customarily be accepted from Tenant time to Landlord under this Section 11.02time by prudent owners of Comparable Buildings. (d) The actual cost of premiums for all insurance maintained by Landlord (other than builders risk insurance) pursuant to the foregoing subsection (b) Any insurance shall be included in Operating Expenses. (e) On or prior to the initial Rent Commencement Date, Landlord shall deliver to Tenant appropriate policies or certificates of insurance, including evidence of waivers of subrogation required of Landlord hereunder may to be furnished by or for Landlord under any blanket or umbrella policy carried by each party pursuant to this Article 12. Evidence of each renewal or for ---------- replacement of a policy shall be delivered by Landlord or under a separate policy thereforto Tenant at least five (5) days prior to the expiration of such policy.

Landlord’s Insurance. Throughout the Term, Landlord shall maintain standard All Risk Coverage insurance on the Premises, including the Base Building Shell, Tenant’s Work and subsequent alterations (abut excluding Tenant Personal Property) insuring against such perils as are normally insured against by prudent owners of Comparable Buildings for the full replacement value thereof; provided, however, Landlord may from time shall only be required to time provide, maintain insurance for Tenant’s Work and subsequent alterations to the extent Tenant has provided Landlord the same is available from Construction Documents (as defined in Section 35), the construction documents for any alteration, and reasonably detailed schedules satisfactory to Landlord’s insurer, describing the property to be insured. Without limitation, such insurance carrier, in amounts and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance coverage as followsshall include: (i) commercial general liability insurance for on the Shopping Center and/or regional retail development, (ii) standard extended Building and other improvements and its property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, with such special therein against fire and casualty and other risks as may be included in extended coverage endorsements and other special casualty insurance coverages (including, without limitation, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to time, (iii) rent interruption insurance. Tenant agrees to pay Landlord its proportionate share (as such term is defined in Section 2.05) of the total cost paid or incurred by Landlord for all of such insurance coverages in equal monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord; Tenant’s proportionate share equal to full replacement value of deductible amounts the Building, and self rent loss insurance coverage amounts shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If protecting Landlord against abatement or loss of rent in an amount equal to the total amount rent and additional rent paid by Tenant under this Section Lease. Landlord shall include within the coverage of its fire and extended coverage insurance any improvements and betterments which may be made on behalf of or paid by the Tenant to the extent that same are customarily insurable as part of the realty; (ii) comprehensive general liability insurance with a minimum combined single limit of liability of $2,000,000 for any calendarthe protection of the Landlord against all claims for bodily injury (including death) and for the property damage incurred in, lease or fiscal year about the Premises for which the Landlord is legally liable, in respect of injury in or about the Premises or death of one or more persons, in respect of one or more occurrences, and in respect of damage to property and including all contractual obligations coverage and including actions of the employees, contractors, subcontractors, invitees, agents and others working on behalf of the Landlord; (at Landlord’s optioniii) broad boiler and machinery insurance covering property damage; and (iv) such other insurance as it is or may become customary for owners of Comparable Buildings to carry for loss of or damage to the property, or liability arising therefrom. Such insurance shall be less than maintained with an insurance company authorized to do business in the actual amount due from State of Maryland, with a then current Xxxxxx X. Best Company, Inc. (or if it no longer exists, a comparable rating service) general policy maker’s rating of A- or better and financial size category of Class X or higher. Landlord shall promptly deliver to Tenant for notice of (i) any substitution of such year as shown company or companies, and (ii) any change in their Xxxxxx X. Best Company, Inc. general policy maker’s rating of any such company or substituted company. The deductible on Landlord’s statement, All Risk Coverage Insurance shall not exceed One Hundred Thousand Dollars ($100,000.00) or such greater amount as may customarily be accepted from time to time by prudent owners of Comparable Buildings. Landlord shall name Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment due from Tenant to Landlord under this Section 11.02as an additional insured on Landlord’s public liability insurance policy. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.

Landlord’s Insurance. During the Term and any extensions thereof, Landlord shall maintain Property Insurance written on a Special Form (aformerly known as “all risk”) basis covering the Property and the Building, including the initial Tenant Improvements (excluding, however, Tenant’s furniture, equipment and other personal property and Alterations, unless Landlord may from time otherwise elects to time provideinsure the Alterations) against damage by fire and standard extended coverage perils and with vandalism and malicious mischief endorsements, to the extent the same is available from rental loss coverage, at Landlord’s insurance carrieroption, in amounts earthquake damage coverage, and coverages determined by Landlord, with or without self insurance retainage and/or deductibles, insurance such additional coverage as follows: (i) Landlord deems appropriate. Landlord shall also carry commercial general liability insurance for the Shopping Center and/or regional retail development, (ii) standard extended property insurance covering buildings, improvements and/or leasehold improvements within the Shopping Center and/or regional retail development, in such reasonable amounts and with such special extended coverage endorsements reasonable deductibles as would be carried by a prudent owner of a Comparable Building in the state in which the Building is located. At Landlord’s option, all such insurance may be carried under any blanket or umbrella policies that Landlord has in force for other buildings and other special insurance coverages (includingprojects. In addition, without limitationat Landlord’s option, earthquake, terrorism, coastal windstorm and flood coverages) as Landlord may elect from time to timeself-insure all or any part of such required insurance coverage. Landlord may, but shall not be obligated to carry any other form or forms of insurance as Landlord or the mortgagees or ground lessors of Landlord may reasonably determine is advisable. The cost of insurance obtained by Landlord pursuant to this Article 15 (iiiincluding self-insured amounts and deductibles) rent interruption insurance. Tenant agrees shall be included in Insurance Costs, except that any increase in the premium for the property insurance attributable to pay Landlord its proportionate share (as such term is defined in Section 2.05) the replacement cost of the total cost paid or incurred by Landlord for all Tenant Improvements in excess of such insurance coverages in equal monthly installments on the first day of each calendar monthBuilding standard shall not be included as Insurance Costs, in advance, in an amount estimated by Landlord; Tenant’s proportionate share of deductible amounts and self insurance coverage amounts but shall be paid by Tenant following a casualty occurrence within ten (10)thirty (30) days following written notice from Landlord. If the total amount paid by Tenant under this Section for any calendar, lease or fiscal year (at Landlord’s option) shall be less than the actual amount due from Tenant for such year as shown on Landlord’s statement, Tenant shall pay to Landlord the difference between the amount paid by Xxxxxx and the actual amount due, such deficiency to be paid within thirty (30) days after of receipt of a documented invoice from Landlord. Landlord shall also maintain, at its expense (and shall direct its contractors to obtain) a policy or policies of commercial general liability insurance with the furnishing premiums thereon fully paid on before the due date, issued by and maintained with an insurance company with a current A.M. Best rating of each at least A-/VII which is authorized to do business in Colorado. Such insurance maintained by Landlord shall afford minimum protection (which may be effected by primary and/or excess coverage) of not less than $5,000,000 for personal injury or death in any one occurrence and of not less than $5,000,000 for property damage in any one occurrence. Landlord shall ensure that the property management company for the Property procure, maintain and keep in full force and effect during the Term of this Lease and any extensions thereof, a policy of professional liability or errors and omissions insurance for the property management company. The minimum acceptable amount of such statement, and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess coverage shall be credited against $1,000,000 per claim and $1,000,000 in the next installment due from Tenant to Landlord under this Section 11.02aggregate. (b) Any insurance required of Landlord hereunder may be furnished by or for Landlord under any blanket or umbrella policy carried by or for Landlord or under a separate policy therefor.