Common use of Property and Liability Insurance Clause in Contracts

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.

Property and Liability Insurance. 9.1 Throughout 39 (a) Lessee shall, at its sole expense, obtain and keep in force during the Lease Term, Lessor will insure for full replacement valueterm hereof "all risk" insurance (excluding earthquake insurance) naming Lessor, the Building (excluding foundations and excavations)Fee Lender, the Building standard leasehold improvementsLeasehold Lender and such other parties as Lessor may designate as an additional insureds thereunder, in the customary form in the City of Nashville for buildings and improvements of similar character, on all buildings and improvements now or hereafter located on the Premises, and the on all machinery, boilersfurniture, fixtures and equipment located therein. the amount of such insurance at all times during the term hereof shall not be less than ninety percent (90%) of the actual replacement cost liability of Lessor and Lessee including, without limitation, coverage for contractual liability, broad form property damage, host liquor law liability, personal injury and non-owned automobile liability, with respect to the Premises or arising out of the maintenance, use or occupancy thereof, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire insurance on all boilers and other pressure vessels, whether fired or unfired, located in, on, or about the perils insured in the standard extended coverage endorsement. Lessor shall alsoPremises, throughout the Lease Termwithout exclusion for explosion, carry public liability insurance collapse and underground damage, in an amount not less than Two Hundred Fifty Thousand Dollars ($1,000,000 for any one occurrence with respect to 250,000). All of such insurance shall insure the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained performance by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium indemnity agreement as to liability for injury to or other cost as additional rent hereunder, death of persons and if Lessee fails damage to pay the increase to Lessor within ten (10property set forth in subparagraph 19(b) days hereof. All of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 such insurance shall apply. Lessee acknowledges that it has no right to receive any proceeds from be noncontributing with any insurance policies which may be carried by Lessor and shall contain a provision that Lessor, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Lessor, its agents and employees, or the property of such persons. The limits and coverage of all such insurance will shall be for the sole benefit adjusted by agreement of Lessor with no coverage for and Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and every fifth (5th) Lease Year during the entire Lease Term, at its sole cost term hereof and expense, obtain, maintain, and keep whenever any rebuilding occurs in full force and effect, and conformity with Lessee, Lessor, and Lessor's mortgagees named as additional insured therein as their respective interests may appear, the following types and kinds then prevailing custom of insurance: 9.3.1 Upon insuring property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect similar to the Premises in an amount not less than $100,000 or the City of Nashville, and any disagreement regarding such higher limits as Lessor may reasonably require from time to timeadjustment shall be settled by arbitration in the manner provided in paragraph 32 hereof.

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest median fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four ten (2410) hours days after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed 6- 7 by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to timeoccurrence; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.

Property and Liability Insurance. 9.1 Throughout (a) Insure all Assets (other than underground piping and earthen berm reservoirs) at all times with responsible, reputable insurance companies or associations, to be approved by the Lease TermBank, Lessor will insure exercising reasonable discretion, in such amounts and covering; (i) loss or damage to the properties (including fire, earthquake, windstorm, flood, hurricane, and such other risks), (ii) business interruption insurance, and (iii) insurance against liability to Persons, all for full replacement valuesuch risks and hazards and in such amounts and with such deductibles and from insurance companies as are reasonably acceptable to the Bank. (b) All such insurance policies, except those relating to liability coverage, shall provide for payment of the proceeds thereof to the Bank as loss payee, and all shall contain an endorsement providing that the insurance shall not be cancellable except upon 30 days prior written notice to the insured. From time to time at the request of the Bank, Borrower shall deliver to the Bank an insurance certificate indicating all insurance policies then in force. (c) If any of the Assets are destroyed or damaged by any cause whatsoever while a Loan is outstanding, then the Borrower may apply the proceeds of the insurance policy covering the Assets in the following manner set out in sub-sections (d) and (e) inclusive, provided that; (i) all amounts due under this Agreement at the time of the damage had been paid, (ii) payment of any instalment of principal or interest is not more than three months in arrears at the time the proceeds of the insurance policy are received, and (iii) any arrears of principal or interest on the Loans are paid to the Bank within one (1) month of the receipt of the insurance proceeds. In the event that any of the above conditions are not complied with, the Building Bank shall have the right, in its sole discretion, to either apply any insurance policy proceeds received to reduction or satisfaction of the amounts outstanding on the Loans, or to apply such funds to the restoration of all or a portion of the Assets. In the event that Bank agrees to make the insurance proceeds available for reconstruction and repair, if any of the events referred to in items (excluding foundations and excavations)i) to (iii) have transpired, the Building standard leasehold improvementsBank shall disburse such funds in the manner set out in sub-section (e) below; (d) if the damages are less than fifty percent (50%) of the replacement cost of the Assets, then all proceeds of the insurance policy covering the Assets shall be payable directly to the Borrower for the purpose of repairing or replacing the Assets; (e) if the damages are more than fifty percent (50%) of the replacement cost of the Assets, and the machineryproceeds of the insurance policy covering the Assets together with any other funds of the Borrower are sufficient to repair the damages incurred, boilersthen the Borrower may apply the insurance proceeds for the purpose of repairing or replacing the Assets, provided that the Borrower shall provide to the Bank certification that the repairs or replacements have been completed, and equipment contained therein owned all such insurance proceeds shall be delivered to and held by Lessor the Bank and shall be disbursed to the Borrower to facilitate repairs or reconstruction of the Assets in accordance with disbursement procedures satisfactory to the Bank in its reasonable discretion, and any insurance proceeds remaining after the completion of repairs or reconstruction shall be applied by the Bank against Loan repayments in inverse order of maturity; (excluding f) In the event any property Lessee damages are occasioned to the Assets and only a portion of such damages are covered by the insurance maintained by the Borrower, then such insurance proceeds shall be applied to the reconstruction/repair of the damaged assets only in the event that the Borrower is obliged able to insure demonstrate, to the sole satisfaction of the Bank, that the Borrower has sufficient capital (either by way of additional equity or subordinated debt (the terms and conditions of such subordinated debt to be satisfactory to the Bank in its sole discretion)) when added to the insurance proceeds, to fully rebuild all of the damaged Assets (both insured and uninsured); (g) Application of insurance policy proceeds to reduction or satisfaction of the amounts outstanding on the Loans, or to restoration of all or a portion of the Assets shall be without prejudice to any other right or remedy of the Bank as provided in this Agreement. (h) Furnish to the Bank without separate request on the annual anniversary date of the insurance policies, or on request, duplicate originals of all policies or contracts or certificates of insurance effected pursuant to Paragraph 9.3 below) against damage by fire and the perils insured foregoing covenants together with confirmation from the relevant insurer or insurers that the premiums in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor insurances have been paid and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep insurances are in full force and effect, effect and with Lessee, Lessor, and Lessor's mortgagees named that the Bank is recorded as additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to timepayee.

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph Section 9.3 below) against damage by fire and the perils insured in the standard extended all risk coverage endorsement, subject to Section 4. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office business park building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entryreentry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of written demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph Section 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement valuethe Building, the Building (excluding including foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (Lessor, excluding any property Lessee is obliged to insure pursuant to Paragraph under Section 9.3 below) , against damage by fire and the perils insured in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the BuildingPremises. 9.2 Lessee shall comply with all applicable insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building Premises as normal office space described in Section 5.1 may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the BuildingPremises, increase the hazard or the risk beyond that for a normal office buildingsuch use, or result in an increase in premium on such insurance above the insurance on premium from time to time that reasonably accounts for the Buildinguse of the Premises permitted by this Lease. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer above the premium from time to time that reasonably accounts for the use of the Premises permitted by this Lease, by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee for a use other than the use as set forth in Section 5.1 herein, and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twentyforty-four eight (2448) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (apply, and Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in on the Building Premises or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed to be insured by Lessor in accordance with paragraph 10.1 Section 9 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public Commercial general liability insurance in an amount not less than $1,000,000.00 for any one occurrence or at such higher limits as Lessor may reasonably require from time to time, with Lessor and Lessor's mortgagees named as additional insureds therein as their respective interests may appear; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 1,000,000.00 or such higher limits as Lessor may reasonably require from time to time.; and

Property and Liability Insurance. 9.1 8.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building Property (excluding foundations and excavations), the Building standard leasehold improvements, ) and the machinery, boilers, machinery and equipment contained therein owned by Lessor (excluding any property with respect to which Lessee is obliged obligated to insure pursuant to Paragraph 9.3 8.3 below) against damage by fire fire, lightning, explosion and extended coverage, in amounts and with carriers satisfactory to Lessor. All property of Lessee, Lessee's agent, servants, employees, invitees, licensees, contractors, subcontractors, or any other person, shall be on the perils insured in Premises at the standard extended coverage endorsement. risk of Lessee only, and Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Buildingbe responsible therefor. 9.2 8.2 Lessee shall comply with all insurance regulations so the lowest fire, lightning, explosion, extended coverage, coverage and liability insurance rates available for use of the Building as normal office space Property may be obtained by Lessor Lessor, and will not use nothing shall be done or keep any substance or material kept in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard Property or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee which win cause cancellation of any such insurance or by increase the rate thereof, or threat thereof Lessee shall remedy any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the such cancellation, reduction, reduction or premium cost increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 8.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, maintain and keep in full force and effect, and with Lessee, Lessor, Lessor and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, all insurance required by law and such insurance as is reasonably required by Lessor for risks against which a prudent tenant would protect itself, including, without limitation the following types and kinds of insurancefollowing: 9.3.1 8.3.1 Upon property of every description and kind owned by Lessee and located in at the Building Property or for which Lessee is legally legacy liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitionspartitions and fixtures, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof;. 9.3.2 8.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the such insurance shall include a waiver of subrogation clause in favor of Lessor and coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.use

Property and Liability Insurance. 9.1 Throughout Subject to the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavationsUser Lessee rights set forth in Section 10(c), the Building standard leasehold improvementsUser Lessee will at all times carry and maintain, or cause to be carried and the machinerymaintained, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured with nationally recognized insurance companies licensed in the standard extended coverage endorsement. Lessor State of South Dakota (i) all risk physical damage insurance insuring against all risks of physical loss or damage to the Facility on such terms and conditions not less favorable to the Additional Insureds or the Facility as is then carried by the User Lessee or the LesseeAuthority with respect to its other similar property owned, leased, subleased or operated by the User Lessee or the LesseeAuthority; provided that, such insurance for the Facility shall also, throughout always be an amount equal to the Lease Term, carry public replacement cost (without deducting for depreciation) for the Facility; and (ii) comprehensive general liability insurance for bodily injury, death, environmental damage and property damage resulting from the use, operation, ownership and possession of the Facility in any such amounts and on such terms and conditions not less favorable to the Additional Insureds or the Facility as is then carried by the User Lessee or the LesseeAuthority with respect to other property owned, leased, subleased or operated by the User Lessee or the LesseeAuthority which is similar to the Facility; provided that such liability insurance shall in any event be in an amount not less than $1,000,000 for any one (a) [$ ] per occurrence if the Dollar-denominated unenhanced long term senior debt obligations of the User Lessee are rated at least AA- by S&P and Aa3 by Xxxxx’x, and (b) otherwise, [$ ] per occurrence. All losses in respect of all risk physical damage insurance will be adjusted with the insurers by the User Lessee. [All losses in respect of the insurance required by this Section 10 shall be paid to the ownership and operation User Lessor or, in the case of liability insurance, to the Person entitled thereto (except payments in respect of losses covered by all risk physical damage insurance shall be payable to the Lender, until the Lien of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverageLoan Agreement has been discharged pursuant to Section 7.017.1 thereof, and liability insurance rates available for use thereafter the User Lessor); provided that in the event that a User Lease Event of Default or User Lease Major Default shall have occurred and is continuing, such loss shall not be adjusted without the consent of the Building User Lessor and, so long as normal office space may be obtained by Lessor and will the Lien of the Loan Agreement has not use or keep any substance or material in or about been discharged pursuant to Section 7.017.1 of the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceledLoan Agreement, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lender. The User Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor mayshall, at its optionown expense, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reductionmake, or premium increase cause to be made, all proofs of loss and take all other steps necessary to collect the proceeds of such insurance. All insurance obtained by the User Lessee pursuant to this Section 10 shall be at its own expense or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails expense of a permitted sublessee (but without affecting the User Lessee’s obligation to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall expense if such permitted sublessee does not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entrypay); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.]

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured in the standard extended all risk coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office business park building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entryreentry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of written demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured in the standard extended all risk coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office business park building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entryreentry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunderthereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of written demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $$ 100,000 or such higher limits as Lessor may reasonably require from time to time.

Property and Liability Insurance. 9.1 Throughout 10.1. Subject to the Lease Termprovisions of Section 10.8 hereof, Lessor will insure ------------ Tenant shall maintain at Tenant's sole cost and expense (but not as an Operating Expense) all risks insurance (including earthquake and flood endorsements) on the Premises for the full replacement valuevalue of the improvements on the Premises (including all improvements, trade fixtures and personal property of Tenant). Tenant shall also maintain at Tenant's sole cost and expense rental insurance for the Premises covering up to a three (3) year period of loss of Base Rent and Additional Rent during such period. Payments for losses under all insurance policies provided by the Tenant under this Section 10.1 shall be made solely to Landlord and/or the Lender ------------ of Landlord as their interests shall appear. Said policy or policies may be issued on a blanket policy basis, so long as such policies shall at all times provide the required insurance coverage and such coverage will not be reduced by claims unrelated to the Premises. 10.2. Subject to the provisions of Section 10.8 hereof, ------------ Tenant shall, at Tenant's expense (but not as an Operating Expense), maintain a policy or policies of commercial general liability insurance ("Liability Policy") with respect to the activities of Tenant within the Office Center and with respect to the Landlord and the Building (excluding foundations and excavations), Manager on the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage by fire and the perils insured Premises or elsewhere in the standard extended coverage endorsement. Lessor shall alsoOffice Center, throughout with the Lease Termpremiums thereon fully paid before the due date, carry public liability issued by and binding upon an insurance company licensed to do business in an amount the State of Missouri and approved by the Landlord and its Lender, such insurance to afford minimum protection of not less than $1,000,000 for 50,000,000 ("Insurance Coverage Amount") combined single limit coverage of bodily injury, property damage or combination thereof. The Insurance Coverage Amount shall be increased on the fifth (5th) anniversary of the Commencement Date and every five (5) years thereafter during the Term hereof, to an amount equal to $50,000,000 times the CPI Index on the adjustment date divided by the CPI Index on the Commencement Date. The Landlord, Building Manager and any one occurrence with respect Lenders shall be additional insureds under the Liability Policy. The parties agree that Fifty Million Dollars ($50,000,000) is the appropriate insurance coverage amount as of the Commencement Date of this Lease, provided, however, if at any time in the future, either the Landlord or the Tenant feels that the Insurance Coverage Amount, as adjusted hereunder, is not providing insurance coverage comparable to that provided as of the Commencement Date by the Fifty Million Dollars ($50,000,000) coverage limit, such party shall notify the other party and the Landlord and Tenant agree to negotiate in good faith to make any adjustments in the then current Insurance Coverage Amount as may be appropriate to retain the same level of coverage as is provided as of the Commencement Date. If the parties are not able to agree as to the ownership and operation appropriate comparable Insurance Coverage Amount, either party may submit such issue to Arbitration hereunder. Pending any final agreement of the Buildingparties or the resolution of any Arbitration, the Tenant shall continue to provide a Liability Policy in the amount of the Insurance Coverage Amount, as provided above. Said policy or policies may be issued on a blanket policy basis, so long as such policies shall at all times provide the required insurance coverage and such coverage will not be reduced by claims unrelated to the Premises. 9.2 Lessee 10.3. Tenant shall, at Landlord's request from time to time, provide Landlord with copies of insurance policies necessary to evidence Tenant's compliance with this Section. 10.4. Tenant shall comply obtain the agreement of Tenant's insurers for Tenant's insurers to notify Landlord at least thirty (30) days prior to cancellation or renewal of any such insurance coverage provided by Tenant. 10.5. Tenant may, in its discretion, maintain insurance against theft or damage to its personal property, fixtures and equipment located within the Premises, provided if the Tenant chooses not to carry such insurance, the Tenant shall hold the Landlord harmless from any and all costs, claims or expenses related to any loss of personal property, fixtures or equipment within the Premises. 10.6. All insurance policies, whether or not provided under this Section 10, shall be in full compliance with the requirements of ---------- Exhibit D attached hereto and all insurance regulations so commercially reasonable requirements of --------- the lowest fireLandlord's Lenders as such requirements may be modified from time to time and shall include such endorsements, extended coverage, policy amounts and liability insurance rates available for use of other terms and conditions to the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened extent reasonably required by the insurer to be canceledLenders. 10.7. Notwithstanding anything else contained in this Lease (including, the coverage thereunder reduced or threatened to be reducedbut not limited to, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises 9.1 and remedy the condition giving rise ----------- Section 9.4 hereof) to the cancellationcontrary, reductionin the event of any loss, claim or premium increase or threat thereof----------- damage which is covered by any of the insurance policies carried by the Tenant hereunder, and in such event, Lessee shall forthwith pay any costs incurred by the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises Landlord as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost any deductible under any of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will the Tenant shall be for promptly reimbursed by the sole benefit of Lessor with no coverage for Lessee for any risk insured againstTenant after written notice from the Landlord. 9.3 Lessee shall10.8. Responsibility for procurement of any insurance policies required under this Article 10 to be provided by Tenant, during its occupancy of the Premises and during the entire Lease Termmay at ---------- Tenant's option, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees named as additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time, but upon sixty (60) days prior written notice to Landlord, be transferred to Landlord (or transferred back from Landlord to Tenant; provided if the Landlord has committed to any insurance contract at the time of such transfer back to the Tenant, the Tenant shall pay any necessary termination fee for such contract or continue such coverage if the contract may not be cancelled). If any of the insurance coverages contemplated by this Article 10 are at any time no longer ---------- available (or are only available at excessive premium levels), Landlord and Tenant shall include coverage against liability for bodily injuries or property damage arising out mutually and in good faith attempt to secure alternative, comparable insurance coverages. Irregardless of the use by or on behalf transfer of Lessee responsibility for insurance procurement between Landlord and Tenant, Tenant shall at all times during the Term, remain responsible for payment of owned, non-owned, or hired automobiles and other vehicles insurance premiums for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.coverages under this Article 10. ----------

Property and Liability Insurance. 9.1 Throughout Lessee shall obtain prior to the Lease TermCommencement Date and shall maintain and keep in full force and effect, or in the event that Lessor will insure for is able to obtain lower insurance rates Lessee at its option may cause Lessor to obtain and maintain and keep in full replacement valueforce and effect (at the sole cost and expense of Lessee), with Lessor and Lessor's mortgagees, Lessee and Lessee's lenders, named as insureds therein as their respective interests may appear, the Building (excluding foundations following types and excavations)kinds of insurance: 9.1.1 Insurance against damage by fire, lightning and explosion with extended coverage, upon the Building standard leasehold Premises and the Building, including all improvements, fixtures and the machinery, boilers, property of every description and equipment contained therein kind owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 below) against damage or which could be owned by fire Lessor at the conclusion of the Lease Term and the perils insured located in the standard extended coverage endorsement. Lessor shall alsoBuilding, throughout the Lease Termincluding, carry public liability insurance without limitation, fittings, installations, alterations, additions, partitions and fixtures owned by Lessor, in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation hundred percent (100%) of the Buildingfull replacement cost thereof. In the event of any damage of the type insured against under this subsection 9.1.1, all insurance proceeds for such damage shall be paid to Lessor and Lessor's mortgagees. 9.1.2 Rent insurance against loss of income arising out of damage or destruction by fire, lightning, vandalism and malicious mischief and such other hazards as are required to be insured pursuant to subsection 9.1.1 hereof, in an amount not less than one hundred percent (100%) of twelve (12) months gross rental income from the Premises. Any proceeds from such rent insurance shall be paid to Lessor. 9.2 Lessee shall comply with all applicable insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard Building or the risk beyond that for a normal office building, cause such insurance to be canceled or result in an increase in premium on the insurance on the Buildingsuspended. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, canceled or the coverage thereunder reduced or threatened in writing to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, cancellation or premium increase reduction or threat thereof within the later of (i) fifteen (15) days prior to the DATE (as such date may be extended by such insurer) set by such insurer as being the date on which such insurance shall be canceled or reduced or (ii) twenty-four (24) hours after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, cancellation or premium increase reduction or threat thereof, and in . In such event, Lessee shall forthwith immediately pay the cost thereof to Lessor as additional rent; , and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (apply. Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of reasonably resulting from the re-entry); or 9.2.3 If the sole action taken by the insurer reentry unless such damage or injury is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand caused by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply's negligence. Lessee acknowledges that it has no right to receive any proceeds from any such insurance policies carried by Lessor and that such insurance will be for other than those set forth in this Section 9 or those with the sole benefit same types of Lessor with no coverage for Lessee for any risk insured againstas set forth in this Section 9. 9.3 All insurance policies shall be taken out with companies acceptable to Lessor licensed and registered to operate in the State of Georgia and in form reasonably satisfactory to Lessor. The insurance may be by blanket insurance policy or policies. Such insurance policies may provide for deductible amounts from the coverages afforded thereby in amounts of no less than Five Thousand Dollars ($5,000.00). Lessee shall within fourteen (14) days of receipt from Lessee's insurance company deliver certificates evidencing the insurance policies and any endorsement, rider, or renewal thereof, to Lessor. Certificates evidencing renewals shall be delivered to Lessor no later than fifteen (15) days after each renewal, as often as renewal occurs, and in no event less than fifteen (15) days prior to the date on which the policy would otherwise expire. All insurance policies shall require the insurer to notify Lessor and Lessor's mortgagees in writing thirty (30) days prior to any material change, cancellation, or termination thereof. 9.4 Lessor and Lessee shall cooperate in connection with the collection of any insurance monies that may be due in the event of loss, and Lessee and Lessor shall execute and deliver such proofs of loss and other instruments which may be required for the purpose of obtaining the recovery of any such insurance monies. Lessee shall obtain with respect to all insurance policies taken out by Lessee regarding the Premises or Lessee's property located therein, a waiver of Lessee's insurance carriers subrogation rights against Lessor, in the insurance policy itself or on a standard form of waiver issued by Lessee's insurance carrier. Lessor shall obtain with respect to all insurance policies taken out by Lessor relating to the Premises, or Lessor's property therein, a waiver of Lessor's insurance carrier's subrogation rights against Lessee, in the insurance policy itself or on a standard form of waiver issued by Lessor's insurance carrier. 9.5 Lessee shall be solely responsible for the payment of the premiums for all policies of insurance which are required to be maintained by Lessee under this Section 9 or by Lessor at the request of Lessee. All such premiums shall be paid by Lessee to the companies issuing such insurance policies prior to the due date thereof of the invoice for the same. 9.6 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, maintain and keep in full force and effect, and with Lessee, Lessor, Lessor and Lessor's mortgagees named as additional insured insureds therein as their respective interests may appear, comprehensive general liability insurance with respect to the following types ownership, maintenance and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) operation of the full replacement cost thereof; 9.3.2 Public Premises having a combined single limit of liability insurance in an amount of not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the and an umbrella liability policy having a limit of liability of not less than $5,000,000.00. Such insurance shall include coverage for "Fire Legal" liability with respect to the Premises and coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, owned or hired automobiles and other vehicles for a limit limits not less than that specified above; and . 9.7 Neither Lessee nor any of the Lessee Parties shall also include coverage for "Fire Legal" liability with respect cause the Premises or the Building, or any part thereof to be damaged by fire or other casualty such that Lessor's right to insurance proceeds from such casualty are rendered void. If Lessee or any of the Lessee Parties cause such damage to the Building or the Premises in an amount such that Lessor's right to insurance proceeds are void, Lessee shall be fully responsible, to the extent not less than $100,000 covered by insurance, for repairing, restoring, or such higher limits paying for the damage as Lessor may shall reasonably require from time to timedirect and this Lease shall remain in full force and effect without reduction or abatement of rent.

Property and Liability Insurance. 9.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building (excluding foundations and excavations), the Building standard leasehold improvements, and the machinery, boilers, and equipment contained therein owned by Lessor (excluding any property Lessee is obliged to insure pursuant to Paragraph Section 9.3 below) against damage by fire and the perils insured in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation of the Building. 9.2 Lessee shall comply with all insurance regulations so the lowest fire, extended coverage, and liability insurance rates available for use of the Building as normal office space may be obtained by Lessor and will not use or keep any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee (i) fails to remedy the condition giving rise to the provide Lessor within two (2) business days after notice from Lessor of such cancellation, reduction, or premium increase or threat thereof within twenty-four with evidence that Lessor deems adequate which shows that such (24i) hours after notice In the event of a cancellation or threat thereof by Lessoras provided above, Lessor may, at its option, do any one of the following: 9.2.1 Declare declare a default by Lessee, and thereupon the provisions of Section 12 shall apply, or (ii) in the event of a reduction or premium increase or threat thereof as provided above, declare a breach of this Lease by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees (if so requested by Lessor's mortgagees) named as additional insured insureds therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 Section 10.2 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 3,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage for "Fire Legal" liability with respect to the Premises and coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to time.;

Property and Liability Insurance. 9.1 Throughout (a) Borrower shall keep the Lease TermImprovements insured at all times against such hazards as Lender may from time to time commercially reasonably require, Lessor will insure for full replacement value, which insurance shall include but not be limited to: (1) comprehensive all risk insurance on the Building (excluding foundations and excavations), the Building standard leasehold improvements, Improvements and the machineryPersonal Property, boilers, and equipment contained therein owned by Lessor in each case (excluding any property Lessee is obliged to insure pursuant to Paragraph 9.3 belowi) against damage by fire and the perils insured in the standard extended coverage endorsement. Lessor shall also, throughout the Lease Term, carry public liability insurance in an amount equal to 100% of the “Full Replacement Cost,” which for purposes of this Instrument shall mean actual replacement value (exclusive of costs of excavations, foundations, underground utilities and footings) with a waiver of depreciation; (ii) containing either an agreed amount endorsement or a waiver of all co-insurance provisions; (iii) providing for a deductible of not greater than $25,000.00; and (iv) if any of the Improvements or the use of the Mortgaged Property shall at any time constitute a legal non-conforming structure or use, Borrower shall obtain an “Ordinance or Law Coverage” or “Enforcement” endorsement, which shall include sufficient coverage for (A) costs to comply with building and zoning codes and ordinances, (B) demolition costs, and (C) increase costs of construction. In addition, in the event the Mortgaged Property is located in a “seismic zone” 3 or 4 (as defined in the Uniform Building Code published by the International Conference of Building Officials), Borrower shall obtain earthquake insurance in amounts and in form and substance satisfactory to Lender to the extent commercially reasonable; (2) commercial general liability insurance against claims for personal injury, bodily injury, death or property damage occurring upon, in or about the Mortgaged Property, such insurance (i) to be on the “occurrence” form with a combined single limit (including “umbrella” coverage in place) of not less than $1,000,000 10,000,000 and a general aggregate limit of not less than $11,000,000; and (ii) to cover at least the following hazards: (A) premises and operations; (B) products and completed operations on an “if any” basis; (C) independent contractors; and (D) blanket contractual liability for any one occurrence all written and oral contracts, to the extent the same is available on a commercially reasonable basis; (3) business income insurance (i) with loss payable to Lender; (ii) on an agreed value actual loss sustained basis in an amount equal to 100% of the projected gross income from the Mortgaged Property for a period of twelve (12) months; and (iii) if Borrower is required to obtain an “Ordinance or Law Coverage” or “Enforcement” endorsement, coverage for the increased period of restoration. The amount of such business income insurance shall be determined prior to the date hereof and at least once every third (3rd) year thereafter based on Borrower’s reasonable estimate of the gross income from the Property for the succeeding twelve (12) month period. All insurance proceeds payable to Lender pursuant to this Subsection shall be held by Lender and shall be applied to the obligations secured hereunder from time to time due and payable hereunder and under the Note; provided, however, that nothing herein contained shall be deemed to relieve Borrower of its obligations to pay the obligations secured hereunder on the respective dates of payment provided for in the Note except to the extent such amounts are actually paid out of the proceeds of such business income insurance; (4) if Borrower has employees, commercially reasonable workers’ compensation (subject to the statutory limits of the state in which the Mortgaged Property is located) and employer’s liability insurance; and (5) if the Mortgaged Property contains HVAC or other equipment not covered by the comprehensive all risk insurance, comprehensive boiler and machinery insurance, in amounts as shall be reasonably required by Lender. (b) All premiums on insurance policies required under Section 19(a) shall be paid in the manner provided in Section 7, unless Lender has designated in writing another method of payment. All such policies shall also be in a form approved by Lender. All policies of property damage insurance shall include a non-contributing, non-reporting mortgage clause in favor of, and in a form approved by, Lender. The liability policies under Section 19(a)(2) shall name Lender as an additional insured. Lender shall have the right to hold the original policies or duplicate original policies of all insurance required by Section 19(a). Borrower shall promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the ownership policies and operation all receipts for paid premiums. At least 30 days prior to the expiration date of a policy, Borrower shall deliver to Lender the Buildingoriginal (or a duplicate original) of a renewal policy in form satisfactory to Lender. 9.2 Lessee (c) All insurance policies and renewals of insurance policies required by this Section 19 shall be in such amounts and for such periods as Lender may from time to time require, and shall be issued by insurance companies satisfactory to Lender. (d) Borrower shall comply with all insurance regulations so requirements and shall not permit any condition to exist on the lowest fireMortgaged Property (other than the Violation) that would invalidate any part of any insurance coverage that this Instrument requires Borrower to maintain. (e) In the event of loss, extended coverageBorrower shall give immediate written notice to the insurance carrier and to Lender. Borrower hereby authorizes and appoints Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and compromise any claims under policies of property damage insurance, to appear in and prosecute any action arising from such property damage insurance policies, to collect and receive the proceeds of property damage insurance, and liability insurance rates available for use to deduct from such proceeds Lender’s expenses incurred in the collection of the Building as normal office space may be obtained by Lessor such proceeds. This power of attorney is coupled with an interest and will not use therefore is irrevocable. However, nothing contained in this Section 19 shall require Lender to incur any expense or keep take any substance or material in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Buildingaction. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee or by any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof within twenty-four (24) hours after notice thereof by Lessor, Lessor Lender may, at its Lender’s option, do any one (1) hold the balance of such proceeds to be used to reimburse Borrower for the cost of restoring and repairing the Mortgaged Property to the equivalent of its original condition or to a condition approved by Lender (the “Restoration”), or (2) apply the balance of such proceeds to the payment of the following: 9.2.1 Declare a default by LesseeIndebtedness, and thereupon whether or not then due. To the provisions of Section 12 extent Lender determines to apply insurance proceeds to Restoration, Lender shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise do so in accordance with Lender’s then-current policies relating to the cancellationrestoration of casualty damage on similar multifamily properties. (f) Lender shall not exercise its option to apply insurance proceeds to the payment of the Indebtedness if all of the following conditions are met: (1) no Event of Default (or any event which, reductionwith the giving of notice or the passage of time, or premium increase both, would constitute an Event of Default) has occurred and is continuing; (2) Lender determines, in its discretion, that there will be sufficient funds to complete the Restoration; (3) Lender determines, in its discretion, that the net operating income generated by the Mortgaged Property after completion of the Restoration will be sufficient to support a debt service coverage ratio not less than the greater of (A) the debt service coverage ratio as of the date of this Instrument (based on the final underwriting of the Mortgaged Property) or threat thereof(B) the debt service coverage ratio immediately prior to the loss (in each case, Lender’s determination shall include all operating costs and other expenses, Imposition Deposits, deposits to reserves and loan repayment obligations relating to the Mortgaged Property); (4) Lender determines, in such eventits discretion, Lessee shall forthwith pay that the cost thereof to Lessor as additional rentRestoration will be completed before the earlier of (A) one year before the maturity date of the Note or (B) one year after the date of the loss or casualty; and if Lessee fails to pay such cost(5) upon Lender’s request, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result Borrower provides Lender evidence of the re-entry); oravailability during and after the Restoration of the insurance required to be maintained by Borrower pursuant to this Section 19. 9.2.3 (g) If the sole action taken by Mortgaged Property is sold at a foreclosure sale or Lender acquires title to the insurer is Mortgaged Property, Lender shall automatically succeed to raise the premium or other monetary cost all rights of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, Borrower in and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that unearned insurance premiums and in and to the proceeds resulting from any damage to the Mortgaged Property prior to such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured againstsale or acquisition. 9.3 Lessee shall(h) If the Lender assigns its rights and interests under this Instrument as provided in Sections 32 or 34 hereof, during its occupancy of such assignee shall upon notice to the Premises and during the entire Lease TermBorrower, at its sole cost and expense, obtain, maintain, and keep in full force and effect, and with Lessee, Lessor, and Lessor's mortgagees be named as an additional insured therein as their respective interests may appear, the following types and kinds of insurance: 9.3.1 Upon property of every description and kind owned by Lessee and located loss payee under this Section 19 in the Building or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitions, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of same manner as the full replacement cost thereof; 9.3.2 Public liability insurance in an amount not less than $1,000,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the insurance shall include coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, or hired automobiles and other vehicles for a limit not less than that specified above; and shall also include coverage for "Fire Legal" liability with respect to the Premises in an amount not less than $100,000 or such higher limits as Lessor may reasonably require from time to timeLender hereunder.

Property and Liability Insurance. 9.1 8.1 Throughout the Lease Term, Lessor will insure for full replacement value, the Building Business Park (excluding foundations and excavations), the Building standard leasehold improvements, ) and the machinery, boilers, machinery and equipment contained therein owned by Lessor (excluding any property with respect to which Lessee is obliged obligated to insure pursuant to Paragraph 9.3 8.3 below) against damage by fire fire, lightning, explosion and extended coverage, in amounts and with carriers satisfactory to Lessor. All property of Lessee, Lessee’s agent, servants, employees, invitees, licensees, contractors, subcontractors, or any other person, shall be on the perils insured in Premises at the standard extended coverage endorsement. risk of Lessee only, and Lessor shall alsonot be responsible therefor. Upon written notice from lessee, throughout the Lease Term, carry public liability insurance in an amount not less than $1,000,000 for any one occurrence with respect to the ownership and operation Lessor shall provide Lessee written proof of the Buildinginsurance. 9.2 8.2 Lessee shall comply with all insurance regulations so the lowest fire, lighting, explosion, extended coverage, coverage and liability insurance rates available for use of the Building as normal office space Business Park may be obtained by Lessor Lessor, and will not use nothing shall be done or keep any substance or material kept in or about the Premises which may vitiate or endanger the validity of insurance on the Building, increase the hazard or the risk beyond that for a normal office building, or result in an increase in premium on the insurance on the Building. If any insurance policy upon the Premises or the Building or any part thereof shall be canceled or shall be threatened by the insurer to be canceled, the coverage thereunder reduced or threatened to be reduced, or the premium therefor increased or threatened to be increased in any way by the insurer by reason of the use and occupation of the Premises by Lessee which will cause cancellation of any such insurance or by increase the rate thereof, or threat thereof. Lessee shall remedy any assignee or subtenant of Lessee and if Lessee fails to remedy the condition giving rise to the such cancellation, reduction, reduction or premium cost increase or threat thereof within twenty-four five (245) hours days after notice thereof by Lessor, Lessor may, at its option, do any one of the following: 9.2.1 Declare a default by Lessee, and thereupon the provisions of Section 12 shall apply; or 9.2.2 Enter upon the Premises and remedy the condition giving rise to the cancellation, reduction, or premium increase or threat thereof, and in such event, Lessee shall forthwith pay the cost thereof to Lessor as additional rent; and if Lessee fails to pay such cost, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply (Lessor shall not be liable for any damage or injury caused to any property of Lessee or of others located on the Premises as a result of the re-entry); or 9.2.3 If the sole action taken by the insurer is to raise the premium or other monetary cost of the insurance, demand payment from Lessee of the premium or other cost as additional rent hereunder, and if Lessee fails to pay the increase to Lessor within ten (10) days of demand by Lessor, Lessor may declare a default by Lessee and thereupon the provisions of Section 12 shall apply. Lessee acknowledges that it has no right to receive any proceeds from any insurance policies carried by Lessor and that such insurance will be for the sole benefit of Lessor with no coverage for Lessee for any risk insured against. 9.3 8.3 Lessee shall, during its occupancy of the Premises and during the entire Lease Term, at its sole cost and expense, obtain, maintain, maintain and keep in full force and effect, and with Lessee, Lessor, Lessor and Lessor's mortgagees ’s mortgages named as additional insured insurers therein as their respective interests may appear, all insurance required by law and such insurance as is reasonably required by Lessor for risks against which a prudent tenant would protect itself, including, without limitation, the following types and kinds of insurancefollowing: 9.3.1 8.3.1 Upon property of every description and kind owned by Lessee and located in at the Building Property or for which Lessee is legally liable or which was installed by or on behalf of Lessee, including, without limitation, furniture, fittings, installations, alterations, additions, partitionspartitions and fixtures, and fixtures (excluding, however, those improvements, if any, installed by Lessor in accordance with paragraph 10.1 hereof), against all risk of loss in an amount not less than one hundred percent (100%) of the full replacement cost thereof;. 9.3.2 8.3.2 Public liability insurance in an amount not less than $1,000,000.00 2,00,000.00 for any one occurrence or such higher limits as Lessor may reasonably require from time to time; the such insurance shall include a waiver of subrogation clause in favor of Lessor and coverage against liability for bodily injuries or property damage arising out of the use by or on behalf of Lessee of owned, non-owned, owned or hired automobiles and other vehicles for a limit not less than that specified above. 8.4 All insurance policies shall be taken out with companies licensed and registered to operate in the State of Georgia acceptable to Lessor and in form satisfactory to Lessor. Lessee shall deliver certificates evidencing such insurance policies, and any endorsement, rider or renewal thereof, to Lessor; and certificates evidencing renewals shall also include coverage for "Fire Legal" liability with respect be delivered to the Premises Lessor in an amount not no event less than $100,000 thirty (30) days prior to any material change, cancellation or such higher limits as Lessor may reasonably require from time to timetermination thereof.