Common use of Minimum Acceptable Insurance Coverage Requirements Clause in Contracts

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, or maintenance of each of the Properties and all of their appurtenant areas. The insurance shall be in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Million Dollars ($30,000,000.00) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 shall be primary and not contributory to any other insurance maintained by Landlord. 12.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy of insurance covering loss or damage to the Properties. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to such Properties. 12.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each state in which the Properties are located, including Employer’s Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.00).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 13.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, occupancy or maintenance of each of the Properties Premises and all of their its appurtenant areas. The policy shall provide blanket contractual liability coverage and shall include an endorsement for liquor liability in the event alcoholic beverages are being sold on the Premises. The insurance shall be in an amount not less than Five Million Dollars FOUR MILLION DOLLARS ($5,000,000.004,000,000) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Million Dollars ($30,000,000.00) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 13.4.1 may be procured in any combination of primary, umbrella and/or excess coverage (as long as the umbrella and/or excess policies are at least as broad as the primary policies), but in all events shall be primary and not contributory to any other insurance maintained by Landlord, it being expressly understood and agreed that any policy(ies) maintained by Landlord are solely for its own benefit (and not for the benefit of Tenant), and under no circumstances shall any such policy(ies) ever be deemed to be other insurance covering loss or damage otherwise the responsibility of Tenant pursuant to the terms hereof. In no event shall the limits of insurance maintained by Tenant limit any liability of Tenant under this Lease. 12.4.2 13.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy of property insurance covering loss or damage to the PropertiesPremises, including signage, lighting and other exterior fixtures. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements) which replacement value shall be commercially reasonable Amended and Restated Master Lease - Par Petroleum - 22 Property 10978268v3 18 (Landlord acknowledges that Tenant’s current replacement values are acceptable). The policy shall shall: (1) contain only standard printed exclusions; (2) contain no coinsurance clause (unless approved in advance by Landlord); (3) include an agreed value endorsement waiving any co-insurance penalty, endorsement; and (4) include an ordinance or law coverage endorsement covering loss to the undamaged portion of the building, demolition costs and increased costs cost of construction resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policypolicy exceed $500,000 (unless approved in advance by Landlord, together such approval not to be unreasonably withheld). All proceeds from property insurance policy(ies) covering the Premises shall be utilized solely for restoration and repair of the Premises in compliance with any other form Tenant’s obligations set forth in this Lease (including as set forth in Article 14). 13.4.3 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of self-insurancethis Lease an environmental policy insuring against and satisfying Tenant’s minimum statutory obligations and liabilities under the Environmental Laws of the State in which the Premises is located but in no event less than the insurance coverage described in a Certificate of Liability Insurance (adding Storage Tank Liability and Pollution Liability coverage) provided to Landlord dated February 4, exceed One Hundred Thousand Dollars ($100,000.00); provided2021 from Lockton Companies, Policy # IRONTX009037361 and #001790907. Tenant shall be permitted to maintain a self-insured retention program so long name Landlord as an insureradditional insured on such policies. 13.4.4 Tenant shall, meeting at Tenant’s expense, obtain and keep in force during the conditions described herein, term of this Lease such insurance coverages as Tenant shall deem reasonable or necessary to insure Tenant’s Personal Property. 13.4.5 If the Premises is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) Special Flood Hazard Area as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to the Premises with such Propertiescoverages and deductibles as commercially reasonable and available to obtain but in no event higher than what is in effect on the date hereof. 12.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each state in which the Properties are located, including Employer’s Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.00).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 (i) Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a Commercial General Liability policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, or maintenance of each of the Properties and all of their appurtenant areas. The insurance shall be in an amount not less than Five One Million Dollars ($5,000,000.001,000,000) per occurrence, occurrence and Ten million dollars Two Million Dollars ($10,000,0002,000,000) in the aggregateaggregate per Property; provided however, following receipt of written notice from Landlord to Tenant, the limits of such insurance shall may be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties Landlord in the Salt Lake City metropolitan areaarea where the Properties are located for properties reasonably similar to the Properties. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Ten Million Dollars ($30,000,000.0010,000,000) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 (d) shall be primary and not contributory to any other insurance maintained by Landlord. 12.4.2 (ii) Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy of property insurance covering loss or damage to the Properties. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable have commercially reasonable deductibles for such insurance; provided that only if the Properties generate an annual cash flow of at least $1,000,000 for two (2) consecutive years, then the deductible can be an amount up to all third parties, including Landlord. The records $50,000. (iii) Equipment Breakdown (also known as boiler and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems machinery) Insurance covering the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if full replacement cost. (iv) If any of the Properties are located in flood zone Flood Zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to such those Properties, which shall include National Flood and Excess Flood insurance. 12.4.3 (v) Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one eighteen (118) yearmonths. This insurance shall cover all Taxes and insurance costs for the same period in addition to one eighteen (118) year’s months’ lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 (vi) Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each the state in which each of the Properties are located, including Employer’s Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000). (vii) Should any financial assurance requirements pursuant to Environmental Laws be imposed on Tenant’s use of, or activities at, the Properties, Tenant promptly and timely shall comply with those requirements as they take effect. Tenant shall maintain, in form and content acceptable to Landlord (and only containing those exclusions and exceptions acceptable to Landlord) pollution liability insurance in favor of Landlord which names Landlord as, an additional insured as set out in Section 11.2(e) herein, and any third parties which might be affected, in an amount of at least One Million Dollars ($1,000,000) per occurrence providing coverage for the investigation and/or remediation of any Hazardous Materials released at, on, under or from the Properties, property damage (including, without limitation, natural resource damages) and compensation for personal injuries, specifically including all pre-existing conditions. Tenant shall provide a certificate of insurance evidencing such required coverage prior to the Commencement Date, and such certificate shall provide that the policy may not be cancelled or amended in any material respect without thirty (30) days’ prior written notice to Landlord.

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 10.4.1. Tenant shall, at Tenant’s 's expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, occupancy or maintenance of each of the Properties Premises and all of their its appurtenant areas. The policy shall provide blanket contractual liability coverage. The insurance shall be in an amount not less than Five Four Million Dollars ($5,000,000.004,000,000) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants Landlord in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Million Dollars ($30,000,000.00) in excess of primary insuranceits reasonable business judgment. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 10.4.1 may be procured in any combination of primary, umbrella and/or excess coverage, but in any event shall be primary and not contributory to any other insurance maintained by Landlord. In no event shall the limits of insurance maintained by Tenant limit any liability of Tenant under this Lease. 12.4.2 10.4.2. Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a “"Special Form” " (as such term is used in the insurance industry) policy of property insurance covering loss or damage to the PropertiesPremises, including but not limited to signage, lighting and other exterior fixtures. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements), as such replacement cost is reasonably determined by Landlord. The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure. In addition, and it will contain the policy shall include a changed conditions "Loss Payable Provisions" endorsement and an endorsement (ISO Form CP 12 18 06 95 or equivalent) naming Landlord as "Loss Payee" thereunder for the property insurance against acts of terrorismon the building. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, policy exceed One Hundred Fifty Thousand Dollars ($100,000.0050,000); provided, Tenant . The proceeds from the property insurance policy covering the Premises shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable utilized only for such deductible to all third parties, including Landlord. The records restoration and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any repair of the Properties are Premises in compliance with Tenant's obligations set forth in this Lease (including, without limitation, as set forth in Section 8.1 and Section 11). 10.4.3. If the Premises is located in flood zone Flood Zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to such Propertiesthe Premises. 12.4.3 10.4.4. If the county in which the Premises is located is classified as being in an earthquake territory 1 through 11 by Insurance Services Office ("ISO") or an earthquake zone of 1 through 3 by ISO, Tenant shall also shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition loss or damage due to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement earthquake with respect to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do soPremises. 12.4.4 10.4.5. Tenant shall also obtain and keep in force during the term of this Lease a worker’s 's compensation policy, insuring against and satisfying Tenant’s 's obligations and liabilities under the worker’s 's compensation laws of each the state in which the Properties Premises are located, including Employer’s 's Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 10.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, occupancy or maintenance of each of the Properties Premises and all of their its appurtenant areas. The policy shall provide blanket contractual liability coverage and an Amendment of Insured Contract CG 2426 07 04 endorsement (without modification). The insurance shall be in an amount not less than Five Million Dollars TWO MILLION DOLLARS ($5,000,000.002,000,000) per occurrence, and Ten million dollars a general aggregate limit which shall be in amount not less than FOUR MILLION DOLLARS ($10,000,000) in the aggregate4,000,000); provided provided, however, following receipt of written notice from Landlord Landlord, the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may then be deemed commercially reasonable generally procured and maintained by Landlord; provided, however, that such increases shall not exceed those required owners or occupants of tenants in like similar properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits geographic area of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Million Dollars ($30,000,000.00) in excess of primary insurancePremises. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 10.4.1 may be procured in any combination of primary, umbrella and/or excess coverage (provided the umbrella or excess policy(ies) are endorsed to provide follow form coverage), but in all events shall be primary and not contributory to any other insurance maintained by Landlord, it being expressly understood and agreed that any policy(ies) maintained by Landlord are solely for its own benefit (and not for the benefit of Tenant), and under no circumstances shall any such policy(ies) ever be deemed to be other insurance covering loss or damage otherwise the responsibility of Tenant pursuant to the terms hereof. In no event shall the limits of insurance maintained by Tenant limit any liability of Tenant under this Lease. 12.4.2 10.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease, for all buildings, structures, and improvements situated on the Premises, insurance against loss, damage or destruction by fire and other casualty, including theft, vandalism and malicious mischief, earthquake (if the Premises are in an area subject to destructive earthquakes within recorded history), boiler explosion (if the Premises contains a boiler), mechanical breakdown, plate glass breakage, sprinkler damage (if the Premises has a sprinkler system), all matters covered by a standard extended coverage endorsement commonly known as an “all-risk” endorsement and such other risks as Landlord may reasonably require, insuring the Premises for not less than 100% of its full insurable replacement cost with an “agreed amount” endorsement. In no event shall any deductible payable in connection with such policy exceed Fifty Thousand Dollars ($50,000) (unless approved in advance by Landlord). All proceeds from property insurance policy(ies) covering the Premises shall be utilized solely for restoration and repair of the Premises in compliance with Tenant’s obligations set forth in this Lease (including, without limitation, as set forth in Article 11). 10.4.3 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the special causes of loss insurance industry) policy covering all of insurance covering loss or damage to the Properties. The insurance shall be Tenant’s Personal Property in an amount not less than the full guaranteed replacement cost eighty percent (80%) of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed replacement value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policythereof, together with any such other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00); provided, coverages as Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting deem reasonable or necessary. 10.4.4 If the conditions described herein, Premises is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) a Special Flood Hazard Area as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to the Premises with such Propertiescoverages and deductibles as shall be reasonably acceptable to Landlord. 12.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 10.4.5 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, policy insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each the state in which the Properties are Premises is located, including and an Employer’s Liability insurance, insurance policy in an amount of not less than One Two Million Dollars ($1,000,000.002,000,000). The Employer’s Liability limit may be satisfied by a combination of primary and excess insurance policies.

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 13.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of the ownership, use, occupancy, or maintenance of each of the Properties Premises and all of their its appurtenant areas. The insurance shall be in an amount not less than Five Two Million Dollars ($5,000,000.002,000,000) per occurrence, and Ten million dollars ($10,000,000) in . Notwithstanding the aggregate; provided however, following receipt of written notice from foregoing Landlord may require Tenant to increase the minimum limits of such commercial general liability insurance shall be increased from time to time during the term of the Lease to such an amount as may be deemed commercially reasonable reasonably required by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual contractural liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Two Million Dollars ($30,000,000.002,000,000) in excess of primary insurance. The insurance required to be maintained carried by Tenant pursuant to this Section 12.4.1 hereunder shall be primary and not contributory to any other insurance maintained mainteained by Landlord. 12.4.2 13.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy or policies of insurance covering loss or damage to the PropertiesPremises. The insurance shall be in an amount not less than the full guaranteed replacement cost value of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penaltyimprovements against all perils of fire, extended coverage, vandalism, malicious mischief, and an ordinance or law coverage endorsement covering increased costs resulting from changes special extended perils (“Special Form,” as such term is used in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00industry); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to perils caused by earthquake and flood with respect to such Propertiesand/or flood. 12.4.3 13.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes real estate taxes and insurance costs for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 13.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each the state in which the Properties Premises are located, including Employer’s Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 13.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of the ownership, use, occupancy, or maintenance of each of the Properties Premises and all of their its appurtenant areas. The insurance shall be in an amount not less than Five Two Million Dollars ($5,000,000.002,000,000) per occurrence, and Ten million dollars ($10,000,000) in . Notwithstanding the aggregate; provided however, following receipt of written notice from foregoing Landlord may require Tenant to increase the minimum limits of such commercial general liability insurance shall be increased from time to time during the term of the Lease to such an amount as may be deemed commercially reasonable reasonably required by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Two Million Dollars ($30,000,000.002,000,000) in excess of primary insurance. The insurance required to be maintained carried by Tenant pursuant to this Section 12.4.1 hereunder shall be primary and not contributory to any other insurance maintained by Landlord. 12.4.2 13.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy or policies of insurance covering loss or damage to the PropertiesPremises. The insurance shall be in an amount not less than the full guaranteed replacement cost value of the building(s) (less slab, foundation, supports supports, and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penaltyimprovements against all perils of fire, extended coverage, vandalism, malicious mischief, and an ordinance or law coverage endorsement covering increased costs resulting from changes special extended perils (“Special Form,” as such term is used in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00industry); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to perils caused by earthquake and flood with respect to such Propertiesand/or flood. 12.4.3 13.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes real estate taxes and insurance costs for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 13.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each the state in which the Properties Premises are located, including Employer’s Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 13.4.1 Tenant shall, at Tenant’s 's expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, or maintenance of each of the Properties Premises and all of their its appurtenant areas. The insurance shall be in an amount not less than Five Two Million Dollars ($5,000,000.002,000,000) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s 's expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Two Million Dollars ($30,000,000.002,000,000) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 13.4.1 shall be primary and not contributory to any other insurance maintained by Landlord. 12.4.2 13.4.2 Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a “"Special Form” " (as such term is used in the insurance industry) policy of insurance covering loss or damage to the PropertiesPremises. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Ten Thousand Dollars ($100,000.0010,000); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to such Propertiesflood. 12.4.3 13.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition to one (1) year’s 's lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so. 12.4.4 13.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s 's compensation policy, insuring against and satisfying Tenant’s 's obligations and liabilities under the worker’s 's compensation laws of each the state in which the Properties Premises are located, including Employer’s 's Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000).

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 10.4.1 Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of ownership, use, occupancy, or maintenance of each of the Properties and all of their appurtenant areasPremises. The insurance shall be in an amount not less than Five One Million Dollars ($5,000,000.001,000,000) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases Landlord but which shall not exceed those required be in excess of tenants in like properties in the Salt Lake City metropolitan arealimits generally applicable to other similar businesses. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Six Million Dollars ($30,000,000.006,000,000) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 10.4.1 shall be primary and not contributory to any other insurance maintained by Landlord. 12.4.2 10.4.2 Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy of property insurance covering loss or damage to the PropertiesPremises. The insurance shall be in an amount not less than the full guaranteed replacement cost of the building(s) (less slab, foundation, supports and other customarily excluded improvements). The policy shall contain only standard printed exclusions; exclusions and include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure. In addition, the policy shall include an endorsement naming Landlord as “Loss Payee” thereunder; provided, however, notwithstanding the foregoing, payments up to and including Two Hundred Fifty Thousand Dollars ($250,000) shall be made directly to Tenant, and it will contain a changed conditions endorsement payments in excess of such amount shall be made jointly to Landlord and an endorsement for insurance against acts of terrorismTenant. In no event shall any deductible payable in connection with such policy, together with any other form policy exceed the higher of self-insurance, exceed One (i) Five Hundred Thousand Dollars ($100,000.00500,000); provided, Tenant as such amount shall be permitted increased by a percentage equal to maintain a self-insured retention program so long as an insurerthe percentage increase in the Base Monthly Rent pursuant to this Lease from time to time, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standards. In addition, if any or (ii) Twenty Five percent (25%) percent of the Properties aggregate limit of liability under such policy. 10.4.3 If the Premises are located in flood zone Flood Zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to earthquake and flood with respect to the Premises. Tenant may obtain such Propertiesinsurance through any available governmental programs providing for such coverage. Notwithstanding the foregoing, Tenant shall have the right to self-insure with respect to such insurance to the extent such self-insurance is not prohibited under the laws of the state where the Premises are located. 12.4.3 10.4.4 If the Premises are located within the State of California, or in any county which is classified as being in an earthquake territory 1 through 11 by Insurance Services Office (“ISO”) or an earthquake zone of 1 through 3 by ISO, Tenant shall also shall, at Tenant’s expense, obtain and keep in force during the term of this Lease a policy of Business Interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and insurance costs for the same period in addition loss or damage due to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement earthquake with respect to the Tenant’s property and casualty Premises. Tenant may obtain such insurance policy through any available governmental programs providing for such coverage. Notwithstanding the foregoing, Tenant shall have the right to self-insure with respect to such insurance to the extent that it such self-insurance is feasible to do sonot prohibited under the laws of the state where the Premises are located. 12.4.4 10.4.5 Tenant shall also obtain and keep in force during the term of this Lease a worker’s compensation policy, insuring against and satisfying Tenant’s obligations and liabilities under the worker’s compensation laws of each the state in which the Properties are Premises is located, including Employer’s Liability insurance, in an amount of not less than Five Hundred Thousand Dollars ($500,000). Notwithstanding the foregoing, Tenant shall have the right to self-insure with respect to worker’s compensation to the extent such self-insurance is not prohibited under the laws of the state where the Premises are located. 10.4.6 Should any financial assurance requirements pursuant to Environmental Laws be imposed on Tenant’s use of, or activities at, the Premises, Tenant promptly and timely shall comply with those requirements as they take effect. Tenant shall maintain pollution liability insurance in favor of Landlord which names Landlord as an additional insured as set out in Section 10.5 herein, and any third parties which might be affected, in an amount of at least One Million Dollars ($1,000,000.001,000,000) per occurrence providing coverage for the investigation and/or remediation of any Hazardous Materials released at, on, under or from the Premises, property damage (including, without limitation, natural resource damages) and compensation for personal injuries (“Environmental Insurance”). Within ten (10) business days following Landlord’s request therefor, Tenant shall provide a certificate of insurance evidencing such required coverage prior to the Commencement Date, and such certificate shall provide that the policy may not be cancelled or amended in any material respect without thirty (30) days’ prior written notice to Landlord. Tenant may obtain all or any portion of such insurance through any available governmental programs or funds providing such coverage. 10.4.7 If attached, Landlord acknowledges that the insurance described in the certificate of liability insurance and evidence of property insurance attached hereto as Exhibit “C” substantially satisfies the requirements of this Section.

Minimum Acceptable Insurance Coverage Requirements. 12.4.1 13.4.1 Tenant shall, at Tenant’s 's expense, obtain and keep in full force during the term of this Lease a policy of combined single limit bodily personal injury and property damage insurance written on an occurrence basis insuring Tenant (with Landlord as an additional insured) against any liability or damage arising out of the ownership, use, occupancy, or maintenance of each of the Properties Premises and all of their its appurtenant areas. The insurance shall shall, at all times, be in an unimpaired amount not less than Five Million Dollars ($5,000,000.005,000,000) per occurrence, and Ten million dollars ($10,000,000) in the aggregate; provided however, following receipt of written notice from Landlord the limits of such insurance shall be increased from time to time during the term of the Lease to such amount as may be deemed commercially reasonable by Landlord; provided, however, that such increases shall not exceed those required of tenants in like properties in the Salt Lake City metropolitan area. The policy shall provide blanket contractual liability coverage. However, the limits of the insurance shall not limit the liability of Tenant. In addition, Tenant shall, at Tenant’s 's expense, obtain and keep in full force during the term of this Lease an umbrella liability policy in an amount not less than Thirty Five Million Dollars ($30,000,000.00) in excess of primary insurance. The insurance to be maintained by Tenant pursuant to this Section 12.4.1 shall be primary and not contributory to any other insurance maintained by Landlord5,000,000). 12.4.2 13.4.2 Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a “Special Form” (as such term is used in the insurance industry) policy or policies of insurance covering loss or damage to the PropertiesPremises. The insurance shall be in an amount not less than the full guaranteed replacement cost value of the building(s) improvements (less slab, foundation, supports supports, and other customarily excluded improvements) against all perils of fire, extended coverage, vandalism, malicious mischief, and special extended perils ("All Risks," as such term is used in the insurance industry). The policy shall contain only standard printed exclusions; include an agreed value endorsement waiving any co-insurance penalty, and an ordinance or law coverage endorsement covering increased costs resulting from changes in laws or codes, and demolition and removal of the damaged structure, and it will contain a changed conditions endorsement and an endorsement for insurance against acts of terrorism. In no event shall any deductible payable in connection with such policy, together with any other form of self-insurance, exceed One Hundred Thousand Dollars ($100,000.00); provided, Tenant shall be permitted to maintain a self-insured retention program so long as an insurer, meeting the conditions described herein, is primarily liable for such deductible to all third parties, including Landlord. The records and books of such self-insured retention program shall be open to Landlord’s inspection at all times. Landlord may disapprove of such self-insured retention program if at any time it deems the program to contain insufficient reserves to cover probable losses, under commercially objective standardscode upgrade endorsement. In addition, if any of the Properties are located in flood zone A or V (including any flood zone commencing with the letters A or V) as defined by the Federal Emergency Management Agency (FEMA), or earthquake zone 1, 2, or 3 as defined by the Insurance Services Office (ISO), Tenant shall, at Tenant’s 's expense, obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage due to perils caused by earthquake and and/or flood with respect if the Premises is in a certified flood zone. A stipulated value or agreed amount endorsement deleting the co-insurance provision to such Propertiesthe policy shall be procured. 12.4.3 13.4.3 Tenant shall also obtain and keep in force during the term of this Lease a policy of Business Interruption business interruption insurance covering a period of one (1) year. This insurance shall cover all Taxes and real estate taxes, insurance costs and operating expenses for the same period in addition to one (1) year’s lease rent amount. Such policy shall be maintained as an endorsement to the Tenant’s property and casualty insurance policy to the extent that it is feasible to do so's Base Monthly Rent. 12.4.4 13.4.4 Tenant shall also obtain and keep in force during the term of this Lease a worker’s 's compensation policy, insuring against and satisfying Tenant’s 's obligations and liabilities under the worker’s 's compensation laws of each the state in which the Properties Premises are located, including Employer’s 's Liability insurance, in an amount of not less than One Million Dollars ($1,000,000.001,000,000). 13.4.5 None of the above-required coverages shall have a deductible in an amount greater than Ten Thousand Dollars ($10,000.00). 13.4.6 Tenant's insurance shall be primary, and any insurance Landlord may carry, from time to time, shall be secondary and noncontributory. 13.4.7 Tenant shall provide such other or different insurance coverage as either Landlord or a lender of Landlord may require from time to time. 13.4.8 If, from time to time, Tenant customarily provides insurance coverage at other of its facilities in amounts which exceed the requirements in this Lease, or other similar facilities carry greater coverage, then Tenant shall similarly provide such greater coverage hereunder.