Common use of Property and Rental Income Insurance Clause in Contracts

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises in the full amount of the replacement value thereof. Such policy shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are required by Landlord’s lender. Landlord may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insurance. Landlord shall not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the Premises. During the Lease Term, Landlord shall also maintain business interruption coverage, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus estimated Real Property Taxes and insurance premiums. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, and (ii) the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessary. Tenant shall also carry at all times Workers Compensation insurance as required by applicable law.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Building in the full amount of the its replacement value thereofconsistent with policies carried by landlords of Comparable Buildings. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakeall-risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are necessary. Landlord shall have the right to obtain flood and earthquake insurance if required by Landlord’s lender. Landlord may also, any lender holding a security interest in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance the Building but not in an amount and with coverage to be determined excess of policy limits or deductibles carried by Landlord insuring Landlord against liability arising out landlords of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceComparable Buildings. Landlord shall not obtain insurance for Tenant’s fixtures or equipment fixtures, furnishings, equipment, other personal property, or building improvements installed by or on behalf of for Tenant in or on the PremisesPremises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement value. During the Lease Term, Landlord shall also maintain business interruption coverage(i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, premiums and (ii) the full replacement cost such other insurance coverage as is customarily carried by landlords of all personal property contained within the Premises Comparable Buildings. In no event shall Tenant be required to carry earthquake or the Land and (iii) business interruption insurance (collectively, “sprinkler leakage coverage. Tenant or Tenant’s Property Insurance”). insurance shall be liable for the payment of Tenant’s Property Insurance shall provide protection against all perils included within Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the classification of fireBuilding or Tenant’s insurance policies maintained pursuant to this Section 4.4, extended coverage, vandalism, malicious mischief, special extended perils in an amount not to exceed Fifty Thousand Dollars (all risk including earthquake$50,000), sprinkler leakage and any other perils which Tenant deems reasonably necessary. Tenant shall also carry at all times Workers Compensation not do or permit to be done anything which invalidates any such insurance as required by applicable lawpolicies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Property, the Project and the building improvements owned by Landlord (but expressly excluding any property Tenant is required to insure pursuant to Section 4.04(d)) below) in the full amount of the their replacement value thereof. Such policy shall provide cost, with such policies providing protection against all loss or damage due to fire or other perils included within covered by the classification “Causes of fire, extended Loss—Special Form” policy (or a similar policy containing equivalent coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage ) and any other perils which Landlord Landlord, Landlord’s lender or ground lessor deems reasonably necessary or which are necessary. Landlord shall have the right to obtain terrorism, flood and earthquake insurance and other forms of insurance as required by Landlord’s lenderany lender holding a security interest in the Property or any ground lessor. Landlord shall also have the right to obtain “green building” endorsements to its property insurance policies to ensure that the property insurance proceeds are sufficient to restore the Property to the condition that may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage be required to be determined by Landlord insuring Landlord against liability arising out of meet the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceapplicable Green Building Standard (defined below). Landlord shall not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the PremisesProperty. During the Industrial Lease—Las Vegas, Nevada 0000 Xxxxxxx Xxxx Las Vegas, Nevada Switch, Ltd. Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus one year’s estimated Real Property Taxes and insurance premiumsrecurring Additional Rent. TenantNotwithstanding Section 4.04(d)(iv) below, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, be liable for the benefit payment of its Pro Rata Share of any deductible amount under Landlord’s insurance policies (which deductible amount shall not exceed $10,000.00) maintained pursuant to this Section 4.04 (b); provided, however, that if the loss or damage is due to an act or omission of Tenant, and (ii) then Tenant shall be responsible for payment of the full replacement cost entirety of all personal property contained within such deductible amount; provided, further, that if the Premises loss or the Land and (iii) business interruption insurance (collectivelydamage is due to an act or omission of Landlord, “Tenant’s Property Insurance”). Tenant’s Property Insurance then Tenant shall provide protection against all perils included within the classification not be responsible for payment of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessarysuch deductible amount. Tenant shall also carry at all times Workers Compensation be responsible for payment of the entirety of any deductible amount under Tenant’s insurance as required by applicable lawpolicies. Tenant shall not do or permit anything to be done which invalidates any such insurance policies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” (at Tenant's cost) policies of insurance covering loss of or damage to the Premises Property (including tenant improvements constructed under any construction rider to this Lease which are attached to and become part of the Property) in the full amount of the its replacement value thereofvalue. The deductible amount under such policies shall be an amount acceptable to, and determined by, Landlord. Such policy shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary necessary. Landlord shall have the right (but no requirement) to obtain (at Tenant's cost) flood or which are earthquake insurance if required by Landlord’s lender. Landlord may also, any lender holding a security interest in Landlord’s sole and absolute discretion, obtain comprehensive general liability the Property or if the premium cost of such insurance in an amount and with coverage to be is commercially reasonable as determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord Tenant shall not be contributory obtain and shall not provide primary insurance. Landlord shall not obtain pay for insurance for Tenant’s 's equipment, inventory, furniture, fixtures and other assets which Tenant owns or equipment Tenant holds for others on the Property, and are placed, used, held or building improvements installed by or on behalf of Tenant in or on the PremisesProperty. During the Lease Term, Landlord shall also maintain business interruption coverageobtain (at Tenant's cost) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one twelve (112) year’s months' Base Rent, plus estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, be liable for the benefit payment of any deductible amount under Landlord's or Tenant's insurance policies maintained by Landlord or Tenant pursuant to this Section 4.4; provided, and however, that Tenant shall not be liable for the payment of any deductable amount over Fifty Thousand Dollars (ii$50,000) the full replacement cost under a policy of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessaryearthquake insurance. Tenant shall also carry at not do or permit anything to be done which invalidates any such insurance policies. All property insurance and rental income insurance shall provide for all times Workers Compensation insurance as required payments of proceeds to be made to Landlord, and Landlord shall be the loss payee (and/or lender(s) designated by applicable lawLandlord). Currently, the Landlord has a deductable amount of $5,000 for the Property casualty insurance. If the Landlord should change this deductable amount in the future, then the Landlord shall provide written notice of such change to the Tenant.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises in the full amount of the replacement value thereofincluding the Landlord Improvements and Additional Tenant Improvements. Such policy shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are required by Landlord’s lender. Landlord may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance and pollution legal liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by LandlordLandlord during the Lease Term. The Except as provided herein, the policy obtained by Landlord shall not be contributory and shall not provide primary insurance. Landlord shall not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the PremisesPremises after the Commencement Date. During the Lease Term, Landlord shall also maintain business interruption coverage, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus estimated Real Property Taxes and Property Insurance Premiums (hereinafter defined). If Landlord obtains blanket insurance premiumspolicies covering other properties in addition to the Premises, Landlord shall equitably allocate the cost of such blanket policies amongst the properties covered, and only the cost allocated to the Premises shall be included under this Lease. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of TenantTenant not covered by the insurance to be obtained by Landlord herein, and (ii) the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessary. Tenant shall also carry at all times Workers Compensation insurance as required by applicable law.

Property and Rental Income Insurance. During the Lease Term, Landlord Landlord, or at Tenant's option, Tenant, shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises in the full amount of the its replacement value thereofvalue, provided that if such policies are purchased by Tenant, they shall be from an insurer or insurers reasonably satisfactory to Landlord. Such policy shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are necessary. Landlord shall have the right to obtain flood and earthquake insurance if required by Landlord’s lender. Landlord may also, any lender holding a security interest in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insurancePremises. Landlord shall not obtain insurance for Tenant’s Tenant s fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the Premises. During the Lease Term, Landlord Landlord, or at Tenant s option, Tenant, shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s 's Base RentRent and Additional Rent from the Premises. Tenant shall not do or permit anything to be done which invalidates any such insurance policies, plus estimated Real Property Taxes and insurance premiums. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering provided: (i) that Tenant is given a copy of the replacement cost relevant provisions of all alterationssuch policy, additionsas same may be amended from time to time, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, Commencement Date and at such time as any such policies are amended or renewed; and (ii) that the full replacement cost relevant provisions of all personal property contained within such policy do not prohibit any of Tenant's activities which are permissible pursuant to this Lease. Any insurance obtained by Tenant under this Section 4.04(b) shall be on terms and from an issuer acceptable to Landlord and the Premises or mortgagee of the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessary. Tenant shall also carry at all times Workers Compensation insurance as required by applicable lawPremises.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Property in the full amount of the its replacement value thereofvalue. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are required by Landlord’s lendernecessary. Landlord may alsoshall have the right to obtain flood and earthquake insurance, in Landlord’s sole and absolute discretionmay, upon Tenant's request, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of on building improvements installed on the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceProperty. Landlord shall not obtain insurance for Tenant’s 's fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the Premisesequipment. During the Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s 's Base Rent, plus estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property not do or permit anything to be done which invalidates any such insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, and (ii) the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessarypolicies. Tenant shall also carry at all times Workers Compensation be liable for the payment of any deductible amount under Landlord's or Tenant's insurance policies maintained pursuant to this Section 4.04. Notwithstanding anything to the contrary contained in this Lease, in the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall be liable for the payment of the entire deductible amount under Landlord's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Landlord's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be calculated by dividing the square foot area of the Property, as required set forth in Section 1.04 of this Lease, by applicable lawthe aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any deductible amount under Landlord's insurance policies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” at Tenant's cost policies of insurance covering loss of or damage to the Premises Property in the full amount of its replacement value. The deductible amounts under such policies shall not exceed Twenty Thousand Dollars ($20,000) per occurrence (except such limitation shall not apply in the replacement value thereofcase of earthquake insurance if same is required to be carried by Landlord's lender). Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or which are required by Landlord’s lender. Landlord may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insurancenecessary. Landlord shall not have the right to obtain (and require Tenant to pay for same) flood and earthquake insurance for Tenant’s fixtures or equipment or building improvements installed if required by or on behalf of Tenant any lender holding a security interest in or on the PremisesProperty. During the Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one twelve (112) year’s months' Base Rent, plus estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, be liable for the benefit Payment of any deductible amount under Landlord's or Tenant's insurance policies maintained pursuant to this Paragraph 4.4(b), (except with respect to any deductible for earthquake insurance required to be obtained by Landlord's lender under this Paragraph 4.4(b), which Landlord and Tenant shall each pay fifty percent (ii50%) of the full replacement cost deductible amount of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”such earthquake insurance). If this Lease is terminated by Landlord under the provisions of Article Seven (and this Lease is not terminated by Tenant’s Property Insurance shall provide protection against all perils included within ) due to damage from an earthquake, then as to the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils earthquake insurance described in the immediate preceding sentence for which Tenant deems reasonably necessaryis responsible for fifty percent (50%) of the deductible amount, Tenant shall not be responsible for fifty percent (50%) of such earthquake insurance deductible amount upon the termination of this Lease (provided, however, if Tenant elects to terminate this Lease as permitted under the terms of Article Seven, then Tenant shall remain obligated to pay such 50% deductible amount). Tenant shall also carry at not do or permit anything to be done which invalidates any such insurance policies. All property insurance and rental income insurance obtained by Landlord under this Paragraph 4.4(b) shall provide for all times Workers Compensation insurance as required payments of proceeds to be made to Landlord (and/or lender(s) designated by applicable lawLandlord).

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Property in the full amount of the its replacement value thereofvalue. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or and which are required customarily carried by Landlord’s lenderlandlords of projects comparable to the Project. Landlord may alsoshall have the right to obtain flood and earthquake insurance, in Landlord’s sole and absolute discretionmay, upon Xxxxxx's request, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of on building improvements installed on the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceProperty. Landlord shall not obtain insurance for Tenant’s 's fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the Premisesequipment. During the Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s 's Base Rent, plus estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property not do or permit anything to be done which invalidates any such insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, and (ii) the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessarypolicies. Tenant shall also carry at all times Workers Compensation be liable for the payment of any deductible amount under Landlord's or Tenant's insurance policies maintained pursuant to this Section 4.04. Notwithstanding anything to the contrary contained in this Lease, in the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall be liable for the payment of the entire deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be calculated by dividing the square foot area of the Property, as required set forth in Section 1.04 of this Lease, by applicable lawthe aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any deductible amount under Landlord's insurance policies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Property in the full amount of the its replacement value thereof. Such policy shall provide value, with such policies providing protection against all perils included loss or damage due to fire or other casualties covered within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Landlord Landlord, Landlord’s lender or ground lessor deems reasonably necessary or which are necessary. Landlord shall have the right to obtain terrorism, flood and earthquake insurance and other forms of insurance as required by Landlord’s lender. Landlord may also, any lender holding a security interest in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation Property or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceany ground lessor. Landlord shall not obtain insurance for Tenant’s fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the PremisesProperty. During the Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus estimated Real Property Taxes and insurance premiums. Tenant, at its own expense, also shall maintain during During the Lease Term, fire Tenant shall maintain (at its sole cost and extended coverage property expense) policies of insurance covering (i) the replacement cost loss of all alterationsor damage to Tenant’s fixtures, additionsequipment, partitions and building improvements installed or placed on or around the Premises, or by Tenant on the LandProperty (including, for without limitation, the benefit of Tenant, and (iiTenant Improvements) in the full amount of their replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectivelyvalue, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide with such policies providing protection against all perils included loss or damage due to fire or other casualties covered within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessary. Such policies shall contain an agreed amount endorsement in lieu of a co-insurance clause, and shall be written as primary policies, not contributing with and not supplemental to the property insurance coverage that Landlord is required to carry pursuant to this Section 4.04(b). Tenant shall be liable for the payment of any deductible amount under Landlord’s insurance policies (which deductible amount shall not exceed $10,000.00) maintained pursuant to this Section 4.04(b); provided, however, that if the loss or damage is due to an act or omission of Landlord, then Tenant shall not be responsible for payment of any such deductible amount. Tenant shall also carry at all times Workers Compensation be responsible for payment of any deductible amount under Tenant’s insurance as required by applicable lawpolicies. Tenant shall not do or permit anything to be done which invalidates any such insurance policies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Premises Property in the full amount of the its replacement value thereofand Landlord shall provide Tenant with written evidence of the same. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquakerisk), sprinkler leakage and any other perils which Landlord deems reasonably necessary or and which are required customarily carried by Landlord’s lenderlandlords of projects comparable to the Project. Landlord may alsoshall have the right to obtain flood and earthquake insurance, in Landlord’s sole and absolute discretionmay, upon Xxxxxx's request, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of on building improvements installed on the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall not be contributory and shall not provide primary insuranceProperty. Landlord shall not obtain insurance for Tenant’s 's fixtures or equipment or building improvements installed by or on behalf of Tenant in or on the Premisesequipment. During the Lease Term, Landlord shall also maintain business interruption coveragea rental income insurance policy, with loss payable to Landlord, in an amount equal to one (1) year’s 's Base Rent, plus estimated Real Property Taxes real property taxes and insurance premiums. Tenant, at its own expense, also Tenant shall maintain during the Lease Term, fire and extended coverage property not do or permit anything to be done which invalidates any such insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, and (ii) the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage and any other perils which Tenant deems reasonably necessarypolicies. Tenant shall also carry at all times Workers Compensation be liable for the payment of any deductible amount under Landlord's or Tenant's insurance policies maintained pursuant to this Section 4.04. Notwithstanding anything to the contrary contained in this Lease, in the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall be liable for the payment of the entire deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be calculated by dividing the square foot area of the Property, as required set forth in Section 1.04 of this Lease, by applicable lawthe aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any deductible amount under Landlord's insurance policies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.