Common use of Premises Insurance Clause in Contracts

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's ’s option, earthquake and flood coverage) on the BuildingBuilding and the Adjacent Building(s), excluding coverage of all Tenant's ’s Personal Property located on or in the Premises, but including the Tenant Improvements, if any are provided for in Paragraph 9 of this Lease. Such insurance shall also include insurance against loss of rents, including, at Landlord's ’s option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's ’s loss payable endorsement in favor of Landlord's ’s lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) Tenant’s Project Percentage of the Landlord’s annual cost of such insurance as Additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the Project insurance premiums are increased after the Commencement Date for any reasonDate, including without limitation due to an increase in the value of the Building or its the Adjacent Building(s) or their replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay Tenant’s Percentage of such increase within ten (10) days of notice of such increase. Landlord mayIf such insurance premiums are increased due to Tenant’s use of the Premises, in its sole discretionimprovements installed by Tenant, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering or any other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues cause solely attributable to be the Landlord under this Lease, and subject to the following conditionsTenant, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject required to pay the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least full amount of the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceincrease.

Premises Insurance. During the Term Landlord Lessee at its cost shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsementon all its personal property, sprinkler leakage endorsementtenant improvements, andand alterations, at Landlord's option, earthquake and flood coverage) as well as on the Buildingbuildings situated on the premises, excluding coverage a standard policy of all Tenant's Personal Property located on fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or in a like board recognized and generally accepted by the Premisesinsurance company, but including and each party shall be promptly notified of the Tenant Improvementsresults by the company. Such The insurance policy shall also be adjusted according to the redetermination. The policy covering the building shall include rental income insurance against to protect Lessor from loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, rents for a period of at least twelve (12) months commencing on the date 12 months. All policies of loss. Such insurance shall be issued in the name Landlord of Lessee and Landlord's Agents shall name Lessor as named insureds an additional insured, and include a lender's loss payable endorsement in favor of Landlord's lender shall contain cross-liability endorsements. Not less than fifteen (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th15) days prior to the commencement of the annual cost term of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, Lessee shall secure and subject deliver to Lessor a certificate of said insurance together with a receipt for the following conditions, Tenant may elect to carry payment of the premium thereof and a written undertaking on the part of the insurance required by this Paragraph 21.C if Tenant is able carrier to obtain -------------- the coverage required hereunder notify Lessor in writing at a cost less than that charged by Landlord's insurerleast thirty (30) days prior to any cancellation thereof. Tenant's right to carry Certificates for such insurance shall be subject deposited by Lessee with Lessor, on renewal of the policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the following conditions: (i) rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all Holders, defined below, shall have approved Tenant's right to carry such liability for loss or damage insured against under all policies of insurance, (ii) such insurance shall name Landlordnow or hereafter during the term hereof existing and purchased by either or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all parties designated by Landlordrights of subrogation which the insurer under said policies might otherwise, if at all, have as additional insureds, and (iii) such insurance shall provide Landlord with at least against the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceother hereto.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.right

Premises Insurance. During the Term Landlord shall maintain ------------------ "all-risk" or causes of loss-loss - special form property insurance (including vandalism, malicious mischief, inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, ) and earthquake and flood coverage) insurance on the BuildingBuilding in the full amount of the replacement cost thereof, excluding coverage of all Tenant's Personal Property or Alterations located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, rents on an all-risk basis and coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthlyannually, as Additional Rent, for one-twelfth (12th) of the annual cost of premiums for such insurance on within thirty (30) days after Tenant's receipt of an invoice therefor. For the first day of each calendar month year of the Term, prorated the total premiums for any partial monthLandlord's insurance, or on such other periodic basis as Landlord including earthquake insurance, shall electnot exceed Eighteen Thousand Five Hundred and no/100ths Dollars ($18,500.00). If the property insurance premiums are increased after the Commencement Date for any reasonDate, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by in the Building by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Any insurance maintained by Landlord maycovering the Premises and/or the Tenant Improvements shall be primary to and not contributing with any insurance maintained by Tenant covering the Premises and/or the Tenant Improvements, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such which insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such considered excess insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceonly.

Premises Insurance. During the Term Landlord shall maintain causes ------------------ causes of loss-special form property insurance (including inflation endorsement, endorsement sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Building shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Building is insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord mayelects to maintain a policy or policies of earthquake insurance on the Building, in its sole discretion, maintain the Tenant shall be required to reimburse Landlord for any premiums allocable to such insurance policies only if Landlord maintains such insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding on all buildings within the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, Project and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with is available at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurancecommercially reasonable rates.

Premises Insurance. During the Term Term, as well as during any period ------------------ of early entry, Landlord shall maintain ------------------ "All Risk" or "causes of loss-loss - special form form" property insurance (including without limitation vandalism, malicious mischief, inflation endorsement, sprinkler leakage endorsement, and, . at Landlord's option, earthquake and flood coverage) on the BuildingPremises in the full amount of the replacement cost, excluding as the same may from time to time increase as a result of inflation or otherwise and shall be in a form providing coverage comparable to coverage in the standard ISO All-Risk form. Such insurance shall exclude coverage of all Tenant's Personal Property located on or in the Premises, but including shall include the Tenant Improvements. Such Notwithstanding the above, during the period of early entry, Landlord may elect to carry course of construction insurance providing similar coverage. The property insurance shall also include insurance against loss of rentsrents on an "All Risk" basis, including, at Landlord's option, coverage for including earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) not to exceed 12 months commencing on from the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord for the costs of such policy, monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on upon such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenantincreased, Tenant shall pay such increase within ten (10) 10 days of notice of such increase. If, however, Landlord may, in its sole discretion, elects to maintain the earthquake insurance coverage described in this Paragraph 21.C for the Premises as part permitted herein. Tenant shall be required to pay only such portion of an umbrella the premium for such insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long coverage as the original Landlord under this Lease continues is then considered to be the Landlord under this Lease, and subject a commercially reasonable rate for such insurance for properties similar to the following conditionsPremises, but in no event shall Tenant may elect be required to carry the pay more than $45,000.00 per year for earthquake insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurancepremiums.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, andTenant, at Landlord's optionall times during the term of this Lease, earthquake and flood at its expense shall procure, maintain and keep in force, "all-risk" coverage and fire, extended coverage) , and vandalism and malicious mischief insurance on the Building, excluding coverage of all Tenant's Personal Property located on or in the Leased Premises, but including for the Tenant Improvements. Such insurable value thereof on a replacement cost basis, with loss of rents coverage acceptable to Landlord, which insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in all events be in an amount equal sufficient to the Monthly Rent and Additional Rent, and prevent Landlord or Tenant from becoming a co-insurer of any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after parties cannot agree as to the Commencement Date for any reason, including without limitation due to an increase in the insurable value of the Building Leased Premises, such value shall be determined by the insurance company or companies issuing such policy or policies. In the event of any loss covered by such insurance, the proceeds therefrom shall be payable to Landlord. Certificates of insurance will be delivered to Landlord and to its replacement costMortgagee, if any. The insurance policy shall name Landlord, and its Mortgagee, if any, as loss payee and will be issued by a financially responsible company or due to Tenant's use companies licensed in the State of Minnesota and shall provide that such policy or policies will not be canceled without the Premises or any improvements installed by Tenantinsurance company first giving Landlord, Tenant shall pay such increase within and its Mortgagee, if any, written notice thereof at least ten (10) days before any such cancellation shall become effective and shall provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of notice Landlord or Tenant which, absent said agreement, result in forfeiture of all or a part of said insurance payment. So long as there is a mortgage lien upon Landlord's interest in the Leased Premises, each insurance policy required above shall contain a standard mortgage clause in favor of such increase. Landlord mayMortgagee and shall be in the amount, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Leasecontent and form, and subject with a company reasonably satisfactory to the following conditionssaid Mortgagee, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than provided, however, that charged by Landlord's insurer. Tenant's right to carry such insurance any said Mortgagee shall be subject required to make any insurance proceeds available for any repair and restoration of the following conditions: (i) all Holders, defined below, shall have approved Tenant's right Leased Premises which is made pursuant to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceparagraph 19.

Premises Insurance. During the Term Landlord shall maintain causes ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. security system described in Paragraph 38, ------------ the voice and data system described in Paragraph 39 and the furniture and ------------ equipment listed on Exhibit C. Such insurance shall also include insurance --------- against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for Tenant's Building Share of one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay for Tenant's Building Share of such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other -------------- properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form "All Risk" property insurance insurance, (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant ImprovementsOwned Alterations, Utility Installations, and Trade Fixtures. Such insurance shall also include insurance against loss of rentsrents on all "All Risk" basis, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Annual Base Rent and Additional RentTenant's Share of Operating Expenses, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds insured and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) Tenant's Share of the Landlord's annual cost of such insurance as additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the Premises insurance premiums are increased after the Commencement Date for any reasonDate, including without limitation due to an increase in the value replacement cost of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay Tenant's Percentage of such increase within ten (10) days of notice of such increase. Landlord mayIf such insurance premiums are increased due to Tenant's use of the Premises, in its sole discretionimprovements installed by Tenant, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering or any other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues cause solely attributable to be the Landlord under this Lease, and subject to the following conditionsTenant, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject required to pay the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least full amount of the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceincrease.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's ’s option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's ’s Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's ’s option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. The amount of coverage of Landlord’s insurance hereunder shall be determined by Landlord from time to time in its reasonable discretion but the property insurance shall not be less than 100% of full replacement value of the Building. Such insurance shall name Landlord and Landlord's ’s Agents as named insureds and include a lender's ’s loss payable endorsement in favor of Landlord's ’s lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for Tenant’s Building Share of one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's ’s use of the Premises or any improvements installed by Tenant, Tenant shall pay for Tenant’s Building Share of such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form "Special Risk" property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the BuildingPremises, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Building and any Tenant Improvements. Such insurance shall also include insurance against loss of rentsrents on a "Special Risk" basis, including, at Landlord's option, coverage for including earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Subject to the remaining provisions of this Lease, Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost costs of such insurance on the first day of each calendar month of the Termpolicy, prorated for any partial monthannually, or on upon such other periodic basis as Landlord shall elect, within fifteen (15) days of the date of receipt of a statement for the same, as Additional Rent. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by TenantDate, Tenant shall pay such increase within ten fifteen (1015) days of notice of such increase. Nothing herein will require Tenant to reimburse to Landlord maythat portion of insurance premiums attributable to earthquake coverage which exceeds, in its sole discretionany one year, maintain a commercially reasonable amount. The parties agree, without limitation, that, if insurance premiums attributable to earthquake coverage exceed three (3) times the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such premiums payable for casualty insurance, (ii) such insurance shall name Landlord, cost will be deemed in excess of a commercially reasonable amount and all parties designated by Landlord, as additional insureds, and (iii) providing the lien holder has waived the requirement for such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurancecoverage.

Premises Insurance. During the Term Landlord shall maintain ------------------ "all-risk" or causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements, if any are provided for in paragraph 9 of this Lease. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) Tenant's Percentage of the Landlord's annual cost of such insurance as Additional Rent, monthly on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the property insurance premiums are increased after the Commencement Date for any reasonDate, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay Tenant's Percentage of such increase within ten (10) days of notice of such increase. Landlord mayIf such insurance premiums are increased due to Tenant's use of the Premises, in its sole discretionimprovements installed by Tenant, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering or any other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues cause solely attributable to be the Landlord under this Lease, and subject to the following conditionsTenant, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject required to pay the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least full amount of the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insuranceincrease.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in in' an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for Tenant's Building Share of one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay for Tenant's Building Share of such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, andTenant, at Landlord's optionall times during the term of this Lease, earthquake and flood at its expense shall procure, maintain and keep in force, "all-risk" coverage and fire, extended coverage) , and vandalism and malicious mischief insurance on the Building, excluding coverage of all Tenant's Personal Property located on or in the Leased Premises, but including for the Tenant Improvements. Such insurable value thereof on a replacement cost basis, with loss of rents coverage acceptable to Landlord, which insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in all events be in an amount equal sufficient to the Monthly Rent and Additional Rent, and prevent Landlord or Tenant from becoming a co-insurer of any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after parties cannot agree as to the Commencement Date for any reason, including without limitation due to an increase in the insurable value of the Building Leased Premises, such value shall be determined by the insurance company or companies issuing such policy or policies. In the event of any loss covered by such insurance, the proceeds therefrom shall be payable to Landlord. Certificates of insurance will be delivered to Landlord and to its replacement costmortgagee, if any. The insurance policy shall name Landlord, and its mortgagee, if any, as loss payee and will be issued by a financially responsible company or due to Tenant's use companies licensed in the State of Minnesota and shall provide that such policy or policies will not be cancelled without the Premises or any improvements installed by Tenantinsurance company first giving Landlord, Tenant shall pay such increase within and its mortgagee, if any, written notice thereof at least ten (10) days before any such cancellation shall become effective and shall provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of notice Landlord or Tenant which, absent said agreement, result in forfeiture of all or a part of said insurance payment. So long as there is a mortgage lien upon Landlord's interest in the Leased Premises, each insurance policy required above shall contain a standard mortgage clause in favor of such increase. Landlord maymortgagee and shall be in the amount, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Leasecontent and form, and subject with a company reasonably satisfactory to said mortgagee, provided, however, that any said mortgagee shall be required to make any insurance proceeds available for any repair and restoration of the following conditionsLeased Premises which is made pursuant to paragraph 18. Upon Landlord's request, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlordshall, as additional insuredsrent hereunder and at Tenant's sole cost and expense, maintain such other insurance on the improvements now or hereafter located on the Premises, in such amounts and (iii) against such insurance shall provide Landlord with at least the same coverage and rights insurable hazards as Landlord would be entitled may from time to receive if Landlord had obtained such insurancetime reasonably request.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-loss - special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Building shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Building is insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord mayelects to maintain a policy or policies of earthquake insurance on the Building, in its sole discretion, maintain the Tenant shall be required to reimburse Landlord for any premiums allocable to such insurance policies only if Landlord maintains such insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding on all buildings within the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, Project and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with is available at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurancecommercially reasonable rates.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-loss - special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the BuildingBuildings, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's its Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). The deductible payable under any causes of loss - special form policy of insurance (or its equivalent) maintained by Landlord on the Buildings shall not exceed $250,000 per occurrence without the prior written consent of Tenant and, for as long as the Buildings are insured by Landlord under a policy that covers all of the buildings within the Property and, if applicable, all of the buildings within the Project, such deductible shall apply in the aggregate to all of the buildings within the Property and, if applicable, to all of the buildings within the Project, on a per occurrence basis. Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building Buildings or its their replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. If, however, Landlord mayelects to maintain a policy or policies of earthquake insurance on the Buildings, in its sole discretion, maintain the Tenant shall be required to reimburse Landlord for any premiums allocable to such insurance policies only if Landlord maintains such insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding on all buildings within the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, Project and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with is available at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurancecommercially reasonable rates.

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other -------------- properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain the -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.