Common use of Liability and Casualty Insurance Clause in Contracts

Liability and Casualty Insurance. Tenant shall, at Tenant's expense, -------------------------------- obtain and keep in force during the term of this Lease a policy of comprehensive general liability insurance, including personal injury liability, contractual liability, and completed operations liability (if applicable), insuring Landlord and Tenant against any liability arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be in the amount of not less than One Million and no/100ths Dollars ($1,000,000.00) for bodily injury and property damage for any one accident or occurrence. Fire and casualty insurance with extended coverage in an amount of not less than Fifty Thousand and no/100ths Dollars ($50,000.00) covering Tenant's personal property and equipment shall also be obtained and kept in force during the term of this Lease at Tenant's expense. The limit of any of such insurance shall not limit the liability of Tenant hereunder. If Tenant fails to procure and maintain such insurance Landlord may, after ten (10) days notice and opportunity to cure, but shall not be required to, procure and maintain the same, at Tenant's expense to be reimbursed by Tenant as Additional Rent within ten (10) days of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, Tenant shall deliver to Landlord certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under such insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall name Landlord as named insureds and Tenant's casualty policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in the reasonable opinion of Landlord, the coverage becomes inadequate and is less than commonly maintained by tenants making similar uses of similar buildings in the vicinity of the Building. Tenant shall obtain any revised or increased coverage required by Landlord within sixty (60) days of any such notification from Landlord.

Liability and Casualty Insurance. a. Tenant shall, during the entire term of this Lease, at Tenant's expenseits sole cost and expense obtain, -------------------------------- obtain maintain and keep in full force during and effect the term following types of this Lease insurance: (i) Fire and extended coverage insurance, including endorsements for vandalism, malicious mischief and theft, covering all of Tenant's property including, but not limited to, furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in the nature of a policy leasehold improvement in an amount equal to the full replacement cost of comprehensive general such property without deduction for depreciation. Landlord shall be a co-loss payee with Tenant for any such insurance. (ii) Public liability insurance, including bodily injury and property damage, personal injury liability, and contractual liability, and completed operations liability (if applicableincluding, without limitation, the indemnities given pursuant to paragraph 14 hereof), insuring Landlord on an occurrence basis, with respect to all claims, demands or actions by any person, firm or corporation, in any way arising from, related to, or connected with the conduct and Tenant against any liability arising out operation of Tenant's business in the use, occupancy Premises or maintenance Tenant's use of the Premises. Such insurance Landlord shall be in the amount shown as an "additional insured" on any such policy. Such policies shall be written on a comprehensive basis, with no more than a $5,000 deductible, with limits of not less than One Two Million and no/100ths Dollars ($1,000,000.002,000,000) and such higher limits as Landlord or the mortgagees of Landlord may require from time to time; (iii) Business interruption insurance in such amounts as will reimburse the Tenant for bodily injury and property damage for any one accident direct or occurrence. Fire and casualty insurance with extended coverage in an amount indirect loss of not less than Fifty Thousand and no/100ths Dollars ($50,000.00) covering Tenant's personal property and equipment shall also be obtained and kept in force during earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the term of this Lease at Tenant's expense. The limit of any Premises or to the Building as a result of such perils; (iv) Worker's Compensation insurance coverage as required by law, together with employer's liability insurance coverage; and (v) Any other form or forms of insurance as the mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. (vi) Each policy evidencing insurance required to be carried by Tenant pursuant to this Article shall not limit contain a provision including Landlord, and any other parties in interest designated by Landlord, as an additional named insured. Custom Federal, Inc. Lease 9/23/04 10 b. All policies shall be taken out with insurers acceptable to Landlord and in form satisfactory from time to time to Landlord. Tenant agrees that certificates of insurance or, if required by Landlord or the liability mortgagees of Tenant hereunder. If Tenant fails to procure and maintain Landlord, certified copies of each such insurance policy will be delivered to Landlord mayas soon as practicable after the placing of the required insurance, after but in no event later than ten (10) days notice and opportunity to cure, but shall not be required to, procure and maintain the same, at Tenant's expense to be reimbursed by Tenant as Additional Rent within ten (10) days of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, date Tenant takes possession of all or any part of the Premises. All policies shall deliver to Landlord certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under such insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon require that at least thirty (30) days' prior written notice be delivered to Landlord by the insurer prior to termination, cancellation or material change in such insurance. c. Tenant agrees that in the event of damage or destruction to the leasehold improvements in the Premises covered by insurance required to be taken out by Tenant pursuant to this Paragraph, Tenant shall use the proceeds of such insurance for the purposes of repairing or restoring such leasehold improvements. In the event of damage or destruction of the Building entitling the Landlord to terminate this Lease pursuant to paragraph 21, hereof, then, if the Premises have also been damaged, Tenant will pay to Landlord all of its insurance proceeds relating to the leasehold improvements in the Premises and if the Premises have not been damaged, Tenant will deliver to Landlord. All such policies shall name Landlord as named insureds and Tenant's casualty policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in accordance with the reasonable opinion provisions of Landlordthis Lease, the coverage becomes inadequate leasehold improvements and is less than commonly maintained by tenants making similar uses of similar buildings in the vicinity of the Building. Tenant shall obtain any revised or increased coverage required by Landlord within sixty (60) days of any such notification from LandlordPremises.

Liability and Casualty Insurance. Tenant shall, at Tenant's expense, -------------------------------- obtain and keep in force during the term of this Lease a policy of comprehensive general liability insurance, including personal injury liability, liability and contractual liability, and completed operations liability (if applicable), insuring Landlord and Tenant against any liability arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be in the amount of not less than One Million and no/100ths No/100ths Dollars ($1,000,000.00) for bodily injury and property damage for any one accident or occurrence. Fire and casualty insurance with extended coverage in an amount of not less than Fifty Thousand and no/100ths No/100ths Dollars ($50,000.00) covering Tenant's personal property and equipment shall also be obtained and kept in force during the term of this Lease at Tenant's expense. The limit of any of such insurance shall not limit the liability of Tenant hereunder. If Tenant fails to procure and maintain such insurance insurance, Landlord may, after ten (10) days notice and opportunity to cure, but shall not be required to, procure and maintain the same, at Tenant's expense to be reimbursed by Tenant as Additional Rent within ten (10) days of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, Tenant shall deliver to Landlord certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under such insurance policy in excess of Ten One Thousand and no/100ths No/100ths Dollars ($10,000.001,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall name Landlord as named insureds an additional insured and Tenant's casualty policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in the reasonable opinion of Landlord, the coverage becomes inadequate and is less than commonly maintained by tenants making similar uses in the area of similar buildings in the vicinity of the Buildingbuildings. Tenant shall obtain any revised or increased coverage required by Landlord within sixty thirty (6030) days of any such notification from Landlord.

Liability and Casualty Insurance. a. Tenant shall, during the entire term of this Lease, at Tenant's expenseits sole cost and expense obtain, -------------------------------- obtain maintain and keep in full force during and effect the term following types of this Lease insurance: (i) Fire and extended coverage insurance, including endorsements for vandalism, malicious mischief and theft, covering all of Tenant's property including, but not limited to, furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in the nature of a policy leasehold improvement in an amount equal to the full replacement cost of comprehensive general such property without deduction for depreciation. Landlord shall be a co-loss payee with Tenant for any such insurance. (ii) Public liability insurance, including bodily injury and property damage, personal injury liability, and contractual liability, and completed operations liability (if applicableincluding, without limitation, the indemnities given pursuant to paragraph 14 hereof), insuring Landlord on an occurrence basis, with respect to all claims, demands or actions by any person, firm or corporation, in any way arising from, related to, or connected with the conduct and Tenant against any liability arising out operation of Tenant's business in the use, occupancy Premises or maintenance Tenant's use of the Premises. Such insurance Landlord shall be in the amount shown as an "additional insured" on any such policy. Such policies shall be written on a comprehensive basis, with no more than a $5,000 deductible, with limits of not less than One Two Million and no/100ths Dollars ($1,000,000.002,000,000) and such higher limits as Landlord or the mortgagees of Landlord may require from time to time; (iii) Business interruption insurance in such amounts as will reimburse the Tenant for bodily injury and property damage for any one accident direct or occurrence. Fire and casualty insurance with extended coverage in an amount indirect loss of not less than Fifty Thousand and no/100ths Dollars ($50,000.00) covering Tenant's personal property and equipment shall also be obtained and kept in force during earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the term of this Lease at Tenant's expense. The limit of any Premises or to the Building as a result of such perils; (iv) Worker's Compensation insurance coverage as required by law, together with employer's liability insurance coverage; and (v) Any other form or forms of insurance as the mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself. (vi) Each policy evidencing insurance required to be carried by Tenant pursuant to this Article shall not limit contain a provision including Landlord, and any other parties in interest designated by Landlord, as an additional named insured. b. All policies shall be taken out with insurers acceptable to Landlord and in form satisfactory from time to time to Landlord. Tenant agrees that certificates of insurance or, if required by Landlord or the liability mortgagees of Tenant hereunder. If Tenant fails to procure and maintain Landlord, certified copies of each such insurance policy will be delivered to Landlord mayas soon as practicable after the placing of the required insurance, after but in no event later than ten (10) days notice and opportunity to cure, but shall not be required to, procure and maintain the same, at Tenant's expense to be reimbursed by Tenant as Additional Rent within ten (10) days of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, date Tenant takes possession of all or any part of the Premises. All policies shall deliver to Landlord certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under such insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon require that at least thirty (30) days' prior written notice be delivered to Landlord by the insurer prior to termination, cancellation or material change in such insurance. c. Tenant agrees that in the event of damage or destruction to the leasehold improvements in the Premises covered by insurance required to be taken out by Tenant pursuant to this Paragraph, Tenant shall use the proceeds of such insurance for the purposes of repairing or restoring such leasehold improvements. In the event of damage or destruction of the Building entitling the Landlord to terminate this Lease pursuant to paragraph 21, hereof, then, if the Premises have also been damaged, Tenant will pay to Landlord all of its insurance proceeds relating to the leasehold improvements in the Premises and if the Premises have not been damaged, Tenant will deliver to Landlord. All such policies shall name Landlord as named insureds and Tenant's casualty policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in accordance with the reasonable opinion provisions of Landlordthis Lease, the coverage becomes inadequate leasehold improvements and is less than commonly maintained by tenants making similar uses of similar buildings in the vicinity of the Building. Tenant shall obtain any revised or increased coverage required by Landlord within sixty (60) days of any such notification from LandlordPremises.

Liability and Casualty Insurance. Tenant shall, at Tenant's -------------------------------- expense, -------------------------------- obtain and keep in force during the term Term of this Lease a policy of comprehensive general liability insurance, including personal injury liability, liability and contractual liability, and completed operations liability (if applicable), insuring Landlord and Tenant against any liability arising out of the use, occupancy or maintenance of the Premises. Such insurance shall be in the amount of not less than One Million and no/100ths No/100ths Dollars ($1,000,000.00) for bodily injury and property damage for any one accident or occurrence. Fire and casualty insurance with extended coverage in an amount of not less than Fifty Thousand and no/100ths Dollars ($50,000.00) covering Tenant's personal property and equipment shall also be obtained and kept in force during the term of this Lease at Tenant's expense. The limit of any of such insurance shall not limit the liability of Tenant hereunder. If Tenant fails to procure and maintain such insurance insurance, Landlord may, after ten (10) days notice and opportunity to cure, but shall not be required to, procure and maintain the same, at Tenant's expense to be reimbursed by Tenant as Additional Rent additional rent within ten thirty (1030) days of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior Prior to the Lease Commencement Date, Tenant shall deliver to Landlord certificates of liability insurance required herein evidencing Tenant's compliance with loss payable clauses satisfactory to Landlord. Any deductible under such insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policythis Section 11. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlordlandlord. All such policies shall name Landlord as named insureds an additional insured and Tenant's casualty policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in the reasonable opinion of Landlord, the coverage becomes inadequate and is less than commonly maintained by tenants making similar uses in the area of similar buildings in the vicinity of the Buildingbuildings. Tenant shall obtain any revised or increased coverage required by Landlord landlord within sixty thirty (6030) days of any such notification from Landlord.