Common use of Liability and Other Insurance Clause in Contracts

Liability and Other Insurance. Lessee shall, during the entire term hereof, keep in full force and effect policies of comprehensive liability and property damage insurance and all insurances required by the Ground Lease, with respect to the Improved Lease Premises and the business operated by Lessee in and upon the Improved Lease Premises, in which the limits of bodily injury liability and property damage liability shall be mutually agreed upon but shall be in no event less than set forth in the Ground Lease. The policy (or policies) shall name Lessor, and any persons, firms, or corporations designated by Lessor, including the Ground Lessor and mortgagees, if any, and Lessee as insured and shall contain a clause that the insurer will not cancel or modify the insurance without first giving the named parties thirty (30) days prior written notice. Copies of the policy or certificates of accord or insurance shall be delivered to Lessor upon the Commencement Date or sooner as may be required by Ground Lessor. If Lessee shall not comply with its covenants made in this section, Lessor may, at its option, cause insurance as aforesaid to be issued and in such event, Lessee agrees to pay the premium for such insurance promptly upon Lessor's demand as additional rent. All obligations contained in this Section 14 shall be subject to the requirements of Lessor’s lender and/or mortgagee. In the event Lessor’s lender requires minimum insurance coverages in excess of the limits described herein, then Lessee expressly agrees to comply with all requirements of Lessor’s lender. Failure to do so shall constitute an Event of Default under this Lease. Lessor agrees to promptly forward to Lessee all applicable insurance bills when received from Ground Lessor, and Lessee shall pay same in accordance with the Ground Lease.

Liability and Other Insurance. Lessee shallA. Tenant shall obtain and maintain public liability insurance in form and substance satisfactory to Landlord and Landlord's lender, during the entire term hereoffrom time to time, keep in full force insuring Landlord and effect policies of comprehensive liability if Landlord so elects, Landlord's lender and such other person(s) as required by Landlord, against claims for bodily injury or death or property damage insurance occurring in or about the Premises and all insurances on, in or about the adjoining driveways and passageways, with limits as required by the Ground LeaseLandlord from time to time, with respect to the Improved Lease Premises and the business operated by Lessee in and upon the Improved Lease Premises, in which the limits of bodily injury liability and property damage liability shall be mutually agreed upon but shall be in no event with combined single limits less than set forth Three Million Dollars ($3,000,000.00) per occurrence, and in the Ground aggregate. Such liability insurance shall, in addition, extend, through contractual liability endorsements, to any liability of Tenant arising out of the indemnifications provided in this Lease and shall be subject to the waiver of subrogation specified in this Lease. The Such policy (or policies) of insurance shall name Lessorprovide that notwithstanding any negligent act of Tenant which might otherwise result in its forfeiture, and any persons, firms, or corporations designated by Lessor, including the Ground Lessor and mortgagees, if any, and Lessee as insured and policy shall contain a clause that the insurer will not cancel or modify the insurance be canceled without first giving the named parties at least thirty (30) days written notice to each named insured. A copy of said policy shall be delivered to Landlord, prior written notice. Copies to any use or occupancy of the policy or certificates Premises and as otherwise required by Landlord, and evidence of accord or renewals shall be delivered to Landlord annually and as otherwise reasonably required by Landlord. B. Tenant shall obtain and maintain fire insurance with standard broad form extended coverage and full replacement cost endorsements covering all of Tenant's contents, furniture, furnishing, machinery, such equipment as is not affixed to the Premises, trade fixtures and signs and Tenant's interest in all of the improvements and alterations installed in the Premises by Tenant. A certificate evidencing such insurance shall be delivered to Lessor upon Landlord prior to any use or occupancy of the Commencement Date or sooner Premises and as may be otherwise required by Ground Lessor. If Lessee Landlord and evidence of renewals shall not comply be delivered to Landlord annually and as otherwise required by Landlord. C. Tenant shall obtain and maintain such other and further insurance with its covenants made in this section, Lessor may, at its option, cause insurance respect to such risks or matters as aforesaid Landlord may reasonably require from time to be issued and in such event, Lessee agrees to pay the premium for such insurance promptly upon Lessor's demand as additional renttime. All obligations contained in of the insurance which Tenant is required to obtain and maintain pursuant to the terms of this Section 14 Lease shall be subject in form and content, including amount of coverage, reasonably satisfactory to the requirements of Lessor’s lender and/or mortgagee. In the event Lessor’s lender requires minimum insurance coverages in excess of the limits described hereinLandlord, then Lessee expressly agrees issued by such insurers as reasonably satisfactory to comply with all requirements of Lessor’s lender. Failure Landlord and shall name such parties as Landlord may reasonably require, from time to do so shall constitute an Event of Default under this Lease. Lessor agrees to promptly forward to Lessee all applicable insurance bills when received from Ground Lessor, and Lessee shall pay same in accordance with the Ground Leasetime.

Liability and Other Insurance. Lessee shall, (a) Tenant shall at all times during the entire term hereofTerm, keep in full force at Tenant’s sole cost and effect policies of comprehensive liability and property damage insurance and all insurances required by the Ground Leaseexpense, with respect Landlord named as an additional insured, maintain with a financially responsible insurance company, commercial general liability insurance, including without limitation contractual and fire-legal liability, to afford protection on an “occurrence basis” against claims for personal injury (including without limitation bodily injury or death) or property damage, occurring on, in or about the Improved Lease Premises and the business operated by Lessee in and upon the Improved Lease Leased Premises, the Property or any adjoining properties, with coverage limits of at least the following amounts (which amounts may be increased from time to time, upon prior written notice to Tenant, as Landlord in which its reasonable discretion may determine based on commercially reasonable practices in the limits national industrial markets in general): Bodily Injury, $2,000,000.00 each occurrence; Property Damage, $2,000.000.00; or in lieu thereof, a combined limit of bodily injury liability and property damage liability of not less than $2,000,000.00 per occurrence. (b) Tenant shall also maintain such insurance covering Tenant’s property as Tenant shall reasonably determine, certificates of which upon reasonable request of Landlord shall be mutually agreed upon but furnished to Landlord. (c) Tenant shall also maintain worker’s compensation and disability benefits insurance covering Tenant’s employees at the Leased Premises, and such other and additional insurance, and in such amounts, as may from time to time reasonably be in no event less than set forth required by law, against such other hazards as are commonly insured against in the Ground Lease. The case of similarly situated premises or with respect to persons engaged in the business similar to Tenant’s business conducted from the Leased Premises. (d) Each policy of insurance required to be obtained by Tenant as herein provided and each certificate therefore issued by the insurer shall provide that: (i) no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay to Landlord the amount of any loss sustained, and (ii) such policy (or policiesif such policy is an umbrella or blanket policy, such policy as it relates to the Leased Premises) shall name Lessor, and any persons, firms, or corporations designated by Lessor, including the Ground Lessor and mortgagees, if any, and Lessee as insured and shall contain a clause that the insurer will not cancel or modify the insurance be canceled without first giving the named parties at least thirty (30) days days’ prior written noticenotice to Landlord. Copies All general liability policies shall name Landlord and, if requested by Landlord, any mortgagee of the policy Property, as an additional insured, as their interests may appear. (e) Tenant acknowledges that Landlord will not carry insurance on Tenant’s inventory, furniture or certificates of accord furnishings or insurance shall be delivered to Lessor upon the Commencement Date any fixtures, improvements or sooner as may be required equipment installed by Ground Lessor. If Lessee shall not comply with its covenants made in this sectionTenant, Lessor may, at its option, cause insurance as aforesaid to be issued and in such event, Lessee agrees to pay the premium for such insurance promptly upon Lessor's demand as additional rent. All obligations contained in this Section 14 shall be subject to the requirements of Lessor’s lender and/or mortgagee. In the event Lessor’s lender requires minimum insurance coverages in excess of the limits described herein, then Lessee expressly agrees to comply with all requirements of Lessor’s lender. Failure to do so shall constitute an Event of Default under this Lease. Lessor agrees to promptly forward to Lessee all applicable insurance bills when received from Ground Lessor, and Lessee shall pay same in accordance with the Ground Leaseor appurtenances removable by Tenant.

Liability and Other Insurance. Lessee Tenant shall, at Tenant’s sole expense, maintain a policy or policies of commercial general liability insurance, issued by and binding upon a solvent insurance company, such insurance to afford minimum protection (which may be effected by primary and/or excess coverage) of not less than Two Million and No/ 100 Dollars ($2,000,000.00) for personal injury or death in any one occurrence and of not less than Five Hundred Thousand and No/ 100 Dollars ($500,000.00) for property damage in any one occurrence; provided, Tenant shall carry such greater limits and other types of insurance coverage(s) that are not explicitly listed in this Lease as Landlord may reasonably request from time to time provided the same are consistent with the limits and/or other types of insurance coverage as applicable, then being required by landlords of Comparable First-Class Buildings. In addition to the foregoing, Tenant shall also, at all times during the entire term hereofLease Term, at its own expense, keep in full force and effect worker’s compensation insurance to the statutory limit (unless and except to the extent that Tenant has lawfully satisfied all requirements under applicable law to qualify as a “non-subscriber”) and Tenant hereby waives its right to recover from Landlord any amounts paid by Tenant or on Tenant’s behalf to satisfy applicable worker’s compensation laws. It is agreed that all insurance policies required to be carried under this Lease by or on behalf of comprehensive Tenant shall be written by good and solvent insurance companies reasonably satisfactory to Landlord, duly licensed in the State of Texas, and shall contain a cross-liability endorsement and property damage a provision or endorsement stating that the insurance maintained by Tenant hereunder shall be primary and all insurances required by the Ground Leasenon-contributing with any other insurance available to, or carried by, Landlord or any other person or party with respect to the Improved Lease Leased Premises (each, an “Insured Party” and collectively, the business operated “Insured Parties”) or the Building. Landlord, Landlord’s management company and any mortgagee of Landlord shall each and all be named as additional insureds or (as the case may be) loss payees with respect to any insurance coverage maintained by Lessee in and upon the Improved Lease Premises, in which the limits of bodily injury liability and property damage liability shall be mutually agreed upon but shall be in no event less than set forth in the Ground Lease. The policy (or policies) shall name LessorTenant pursuant hereto, and any persons, firms, or corporations designated by Lessor, including the Ground Lessor and mortgagees, if any, and Lessee as insured and shall contain a clause that the insurer will not cancel or modify the insurance without first giving the named parties thirty (30) days prior written notice. Copies copies of the policy endorsements or certificates of accord or insurance policies so naming such parties shall be delivered to Lessor upon Landlord together with the policies or certificates of insurance to be delivered as provided hereinbelow. Tenant may meet its insurance coverage requirements hereunder through self-insurance coverage provided that the coverage thereunder is substantially similar to the coverage which would otherwise have been provided by a third-party insurance carrier in order to comply with this Section 6.5. If any such insurance is going to be cancelled and/or the coverage thereunder changed or reduced, such cancellation change or reduction shall not be effected until Tenant has delivered at least ten (10) days advance written notice thereof to Landlord, unless such insurance contains an endorsement requiring the insurance company to notify Landlord in such events. Tenant shall deliver copies of such policies or certificates of insurance, prior to the Commencement Date or sooner as may be required by Ground Lessor. If Lessee shall and thereafter not comply with its covenants made in this section, Lessor may, at its option, cause insurance as aforesaid to be issued and in such event, Lessee agrees to pay the premium for such insurance promptly upon Lessor's demand as additional rent. All obligations contained in this Section 14 shall be subject less than twenty (20) days prior to the requirements expiration, cancellation or material modification of Lessor’s lender and/or mortgagee. In the event Lessor’s lender requires minimum insurance coverages in excess of the limits described herein, then Lessee expressly agrees to comply with all requirements of Lessor’s lender. Failure to do so shall constitute an Event of Default under this Lease. Lessor agrees to promptly forward to Lessee all applicable insurance bills when received from Ground Lessor, and Lessee shall pay same in accordance with the Ground Leaseany such policies.

Liability and Other Insurance. Lessee shall, during the entire term hereof, keep A. Tenant shall obtain and maintain public liability insurance in full force form and effect policies of comprehensive liability substance satisfactory to Landlord and property damage insurance and all insurances required by the Ground Lease, with respect to the Improved Lease Premises and the business operated by Lessee in and upon the Improved Lease Premises, in which the limits of bodily injury liability and property damage liability shall be mutually agreed upon but shall be in no event less than set forth in the Ground Lease. The policy (or policies) shall name Lessor, and any persons, firms, or corporations designated by Lessor, including the Ground Lessor and mortgageesLandlord's lender, if any, from time to time, insuring Landlord and Lessee if Landlord so elects, Landlord's lender and such other person(s) as insured required by Landlord, against claims for bodily injury or death or property damage occurring in or about the Premises and on, in or about the adjoining driveways and passageways, with limits as required by Landlord from time to time, but in no event with combined single limits less than Three Million Dollars ($3,000,000.00) per occurrence, and in the aggregate. Such liability insurance shall, in addition, extend, through contractual liability endorsements, to any liability of Tenant arising out of the indemnifications provided in this Lease and shall contain a clause be subject to the waiver of subrogation specified in this Lease. Such policy of insurance shall provide that notwithstanding any negligent act of Tenant which might otherwise result in its forfeiture, the insurer will policy shall not cancel or modify the insurance be canceled without first giving the named parties at least thirty (30) days written notice to each named insured. A copy of said policy shall be delivered to Landlord, prior written notice. Copies to any use or occupancy of the policy or certificates Premises and as otherwise required by Landlord, and evidence of accord or renewals shall be delivered to Landlord annually and as otherwise reasonably required by Landlord. B. If the Building is constructed on the Land, Tenant shall obtain and maintain fire insurance with standard broad form extended coverage and full replacement cost endorsements covering the Building and all of Tenant's contents, furniture, furnishing, machinery, such equipment as is not affixed to the Premises, trade fixtures and signs and Tenant's interest in all of the improvements and alterations installed in the Premises by Tenant. A certificate evidencing such insurance shall be delivered to Lessor upon Landlord prior to any use or occupancy of the Commencement Date or sooner Premises and as may be otherwise required by Ground Lessor. If Lessee Landlord and evidence of renewals shall not comply be delivered to Landlord annually and as otherwise required by Landlord. C. Tenant shall obtain and maintain such other and further insurance with its covenants made in this section, Lessor may, at its option, cause insurance respect to such risks or matters as aforesaid Landlord may reasonably require from time to be issued and in such event, Lessee agrees to pay the premium for such insurance promptly upon Lessor's demand as additional renttime. All obligations contained in of the insurance which Tenant is required to obtain and maintain pursuant to the terms of this Section 14 Lease shall be subject in form and content, including amount of coverage, reasonably satisfactory to the requirements of Lessor’s lender and/or mortgagee. In the event Lessor’s lender requires minimum insurance coverages in excess of the limits described hereinLandlord, then Lessee expressly agrees issued by such insurers as reasonably satisfactory to comply with all requirements of Lessor’s lender. Failure Landlord and shall name such parties as Landlord may reasonably require, from time to do so shall constitute an Event of Default under this Lease. Lessor agrees to promptly forward to Lessee all applicable insurance bills when received from Ground Lessor, and Lessee shall pay same in accordance with the Ground Leasetime.