Common use of Property Insurance Clause in Contracts

Property Insurance. From and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after keep in force, and as Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall pay to Landlord (or Landlord's agent if so directed by Landlord) Tenant's proportionate share (allocated to the commencement Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of any construction the deductibles on insurance claims and the cost of, policy or policies of Improvements on insurance covering loss or about damage to the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" Premises (including theft) all improvements within the Premises constructed by either Landlord or against "all risks," providing the broadest available coverage Tenant (provided Tenant has obtained Landlord's written approval for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior said improvements to the commencement of construction contemplated in the Construction Management AgreementPremises) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property which Tenant is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (responsible under Paragraph 7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of "all risks" insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent and any deductibles related thereto. If such insurance cost is increased due to Tenant's use of the Premises or the Complex, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have neither interest in nor any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Complex. In addition and notwithstanding anything to the contrary in this Paragraph 12, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of property insurance others under its control, arising from any cause insured against under the fire and extended coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease Agreement to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall cause the policy evidencing such insurance to include a provision permitting such release of liability ("waiver of subrogation endorsement") provided, however, that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not exceed $50,000 at any time when NAI shall continue take effect until consent to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electionsuch waiver is obtained; provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, 30 days advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:"

Property Insurance. From At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and after Lessee, against the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such constructionfollowing risks: A. NAI must maintain property insurance in "special form" (including thefta) Loss or against "damage from all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, if and such other risks as may be embraced within the Property is in a flood zoneform of extended coverage insurance, floodwith "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. In addition, boiler and machinery Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage must be maintained shall at all times be for the actual full replacement cost of the buildings and other improvements on the replacement cost of the Property. If any of the risks covered by the currently employed customary comprehensive general endorsement to the property insurance policy or on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policy. Alsopolicies regularly issued by fire or casualty companies doing business in the State of Massachusetts, during any period then the reference above to "risks as may be embraced within the standard form of significant construction on any Improvements, the property extended coverage insurance" includes insurance must include builder's completed value risk insurance for coverage by such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements separate policy of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installationPolicies; (2b) materials and supplies Loss or damage by explosion of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in transit such limits with respect to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs any one accident as may reasonably be determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained Lessor from time to time, but NAI must maintain not less than the full replacement cost of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such coverage on an agreed value basis amounts as may from time to eliminate the effects time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of coinsurance. C. Any deductible or selfreceipt of invoice, its pro-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent rata share of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Section 2.

Property Insurance. From At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and after Lessee, against the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such constructionfollowing risks: A. NAI must maintain property insurance in "special form" (including thefta) Loss or against "damage from all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, if and such other risks as may be embraced within the Property is in a flood zoneform of extended coverage insurance, floodwith "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. In addition, boiler and machinery Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage must be maintained shall at all times be for the actual full replacement cost of the buildings and other improvements on the replacement cost of the Property, regardless of the stated dollar amount of the policy. If any of the risks covered by the currently employed customary comprehensive general endorsement to the property insurance policy or on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policy. Alsopolicies regularly issued by fire or casualty companies doing business in the State of Massachusetts, during any period then the reference above to "risks as may be embraced within the standard form of significant construction on any Improvements, the property extended coverage insurance" includes insurance must include builder's completed value risk insurance for coverage by such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements separate policy of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installationPolicies; (2b) materials and supplies Loss or damage by explosion of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in transit such limits with respect to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs any one accident as may reasonably be determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained Lessor from time to time, but NAI must maintain not less than the full replacement cost of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such coverage on an agreed value basis amounts as may from time to eliminate the effects time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of coinsurance. C. Any deductible or selfreceipt of invoice, its pro-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent rata share of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Section 2.

Property Insurance. From Landlord shall purchase and after the commencement keep in force, and as Additional Rent and in accordance with Paragraph 4.D of any construction of Improvements on this Lease, Tenant shall pay to Landlord (or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior allocated to the commencement Premises by square footage or other equitable basis as calculated and reasonably determined by Landlord) of construction contemplated in the Construction Management Agreement) deductibles on insurance claims and equipment included in the Propertycost of, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, policy or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions policies of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement insurance covering loss or damage to the property insurance policy Building (excluding routine maintenance and repairs and incidental damage or destruction caused by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance accidents or vandalism for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (which Tenant is responsible under Paragraph 8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” “special form” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of the Premises, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have no interest in nor any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 14, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of others under its control, arising from any cause insured against under the fire and extended “special form” property insurance coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall not exceed $50,000 at any time when NAI shall continue cause the policy evidencing such insurance to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electioninclude a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, thirty (30) days’ advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) Lessor shall obtain and after keep in force during the commencement term of any construction this Lease a policy or policies of Improvements on insurance covering loss or about damage to the Land Premises, but not Lessee's fixtures, equipment or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined tenant improvements in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to amount of the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertyfull replacement value thereof, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage providing protection against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, if the Property is in a flood zone, floodspecial extended perils (all risk) but not plate glass insurance. In addition, boiler the Lessor shall obtain and machinery keep in force, during the term of this Lease, a policy of rental income insurance covering a period of six months, with loss payable to Lessor which insurance shall also cover all real estate taxes and insurance costs for said period. In the event that the Premises contains sprinklers then the insurance coverage must be maintained at all times by endorsement shall include sprinkler leakage insurance. (b) Lessee shall pay to Lessor, during the term hereof, in addition to the property insurance policy or by separate policy. Alsorent, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property any increase in premiums for the insurance required hereby must provide coverage under this Paragraph 8.2 over and above such premiums paid during the Base Period, as hereinafter defined, whether such premium increase shall be the result of the nature of Lessee's occupancy, any act or omission of Lessee, requirements of the holder of a mortgage or deed of trust covering the Premises, or increased valuation of the Premises or general rate increases. In the event that the Premises have been occupied previously the words "Base Period" shall mean the last twelve months of the prior occupancy and in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements event that the Premises have never been previously occupied the words "Base Period" shall mean the lowest premium reasonably obtainable for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible said insurance for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate Premises assuming the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent most nominal use of the value Premises. Provided, however, in lieu of the Improvements. After Base Period the expiration parties hereto may insert a dollar amount at the end of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount this sentence which figure shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated be considered as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing premium for the property insurance, must be acceptable to BNPLCBase Period. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:$ NOT APPLICABLE.

Property Insurance. From Throughout the Term, Tenant shall cause the Improvements, and all building equipment and fixtures appurtenant thereto, to be insured by insurance companies reasonably satisfactory to Landlord and licensed to do business in the State of Connecticut in such respective amounts as shall be sufficient to prevent Landlord or Tenant from becoming a co-insurer of any loss, which shall name Landlord, the Mortgagee and the Lender Parties as loss payees (on the terms set forth in Section 10.10 below) and which shall insure the full replacement value of any Improvements: (a) against loss or damage by fire and against such other risks, of similar or dissimilar nature, including wind, as shall typically be insurable against under present or future standard forms of fire and extended coverage policies (such policies are currently known as “Special Form Causes of Loss” property insurance), and (b) “Ordinance or Law Coverage” in amounts required by Landlord or Mortgagee if any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses. (c) If, and so long as, the Premises shall be equipped with any boiler or boilers, other than low pressure boilers, or so long as the maintenance of such insurance shall be required by law, against loss and liability resulting from property damage, personal injury or death caused by explosion of boilers, heating apparatus or other pressure vessels on the Premises, and (d) Business income/interruption insurance to include loss of rents at limits sufficient to cover one hundred percent (100%) of the annual Base Rent and additional rent (including Taxes and all other payments required to be made by Tenant hereunder) payable to Landlord with a period of indemnity not less than eighteen (18) months from time of loss and contain an extended period of indemnity endorsement which provides that after the commencement physical loss to the Improvements and Personal Property has been repaired, the continued loss of income will be insured until such income either returns to the same level it was at prior to the loss, or the expiration of twelve (12) months from the date that the Property is repaired or replaced and operations are resumed, whichever first occurs, and notwithstanding that the policy may expire prior to the end of such period. Such insurance shall name Landlord and Mortgagees as additional insureds and the Mortgagee which holds a first mortgage lien on the Premises as loss payee with respect to Base Rent payable to or for the benefit of Landlord under this Lease. (e) During any period in which Alterations costing in excess of Fifty Thousand Dollars ($50,000) at the Property are being undertaken, builder’s risk insurance covering the total completed value including any “soft costs” with respect to the Improvements being altered or repaired (on a completed value, non-reporting basis), replacement costs of work performed and equipment, supplies and materials furnished in connection with such construction or repair of Improvements, together with such “soft cost” endorsements and such other endorsements as Landlord may reasonably require and general liability, worker’s compensation (to be carried by the contractor, it being understood that any worker’s compensation insurance carried by Tenant provides coverage only for Tenant’s employees), and automobile liability insurance with respect to the Improvements being constructed, altered, or repaired. (f) To the extent that, and for so long as, the following coverages are (i) typically carried by owners or tenants of properties similar to the Premises (taking into account the creditworthiness of Tenant and the creditworthiness of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (Lease Guarantor, as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management AgreementArticle 31 below) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibitii) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Leasethe Mortgagees, and the Tenant shall also carry such other insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right as may from time to time be required by Landlord or Mortgagee against other insurable hazards or casualties which at the time are commonly insured against in similarly situated property including without limitations, sinkhole, mine subsidence, environmental, terrorism insurance, flood insurance (but not more than in such amount equal to the maximum amount available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973 or the National Flood Insurance Reform Act of 1994, as each may be amended), earthquake and windstorm insurance, due regard being given to the height and type of buildings, their construction, location, use and occupancy. It is the intention of the parties hereto that Tenant shall procure, maintain in force at any time all times, pay for and deliver to review and approve such policy forms (including endorsements) and Landlord all of the insurance company hereinabove referred to at such times and in such manner that Landlord’s interest in the Premises shall at all times during the Term hereof be protected and evidenced by, and Landlord shall be in possession of, valid and binding insurance as herein required. All renewal binders or companies providing such insurance. Without limiting policies shall be delivered to Landlord ten (10) days prior to the generality expiration of the foregoingpolicy or policies to be renewed. (g) Tenant shall at Landlord’s request execute such reasonable and customary documents, BNPLC and take such other actions as may be reasonably require (and unless and until NAI is otherwise notified required by BNPLCLandlord, BNPLC does require) in order for Landlord to obtain condemnation insurance, provided, however, that such insurance in no event shall Tenant be provided under forms and by companies consistent with the following:obligated to incur any out-of-pocket expense or potential liability in connection therewith.

Property Insurance. From (a) The Landlord shall obtain and after keep in force during the commencement term of any construction this Lease a policy of Improvements on policies of insurance covering loss or about damage to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX $1,000,000, but in no event less than the Land or the delivery total amount of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included promissory notes XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, special extended perils (all risk) and sprinkler leakage XXXXXXXX insurance shall provide for payment of loss thereunder to Lessor or to the holders of mortgages or deeds of trust on the Premises. The insuring party shall, in addition, obtain and keep in force during the term of this Lease a policy of rental income insurance covering a period of six months, with loss payable to Lessor, which insurance shall also cover all real estate taxes and insurance costs for said period. If the insuring party shall fail to procure and maintain said insurance the other party may, but shall not be required to, procure and maintain the same, but at the expense of Lessee. If such insurance coverage has a deductible clause, Lessee shall be liable for the deductible amount. (b) If the Premises are part of a larger building, or if the Property is Premises are part of a group of buildings owned by Lessor which are adjacent to the Premises, then Lessee shall pay for any increase in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy of such other building or buildings if said increase is directly caused by separate policy. AlsoLessee's acts, during any period omissions, use or occupancy of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages:Premises. (1c) materials If the Lessor is the insuring party the Lessor will not insure Lessee's fixtures, equipment or tenant improvements unless the tenant improvements have become a part of the Premises under paragraph 7, hereof. But if Lessee is the insuring party the Lessee shall insure its fixtures, equipment and supplies at other locations awaiting installation;tenant improvements. (2d) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during constructionNot more frequently than each three years, resulting from faultif, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion opinion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAILessor, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to timerequired hereunder is not adequate, but NAI must maintain the insuring party shall increase said insurance coverage as required by Lessor. However, such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible increase may be as high as five percent of more frequent than each three years if required by the insurance carrier in order to maintain insurance for the full replacement value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphPremises. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) PRPA shall keep the Terminal, including without limitation the pier and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against Wharf Structure, continuously insured from "all risks,risk" providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, direct physical loss on a blanket replacement cost basis if multiple buildings are involvedduring the Term. PRPA shall include XXXX as an additional insured as its interest may appear, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property extra expense insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of One Million Dollars ($1,000,000) from any one loss, with no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approvalmonthly limitation. B. The (b) XXXX shall keep the contents of the Terminal, including the property insurance required hereby must provide coverage in of others and cargo, improvements and betterments, and "contractor's equipment," continuously insured during the amount no less than replacement value (exclusive Term from "all risks" of landdirect physical loss, foundationon a legal liability basis with respect to cargo and property of others, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed actual cash value basis with respect to eliminate all other contents, improvements and betterments and "contractor's equipment." XXXX shall include PRPA and the effects of coinsuranceCommonwealth as additional insureds as their respective interest may appear. C. Any deductible or self-(c) XXXX shall keep the Cranes continuously insured retention applicable to from "all risks" of direct physical loss, including "mechanical breakdown" and removal of any boom warranty, on a replacement cost basis during the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 ElectionTerm; provided, that with if mechanical breakdown coverage for the PRPA Cranes is not available at rates mutually acceptable to XXXX and PRPA, then XXXX shall have no obligation to obtain mechanical breakdown coverage for any of the Cranes. With respect to earthquake coverage the deductible may be as high as five percent Cranes, XXXX shall also maintain extra expense insurance and business interruption insurance in the combined amount of One Million Dollars ($1,000,000) from any one loss, with no monthly limitation. PRPA shall pay to XXXX an equitable percentage of the value cost of such coverage allocable to the Improvements. After PRPA Cranes by crediting such amount to XXXX against Base Compensation owing by XXXX in the expiration month immediately following XXXX'x payment of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to a premium for such insurance. XXXX shall include PRPA and the Commonwealth as additional insureds, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated loss payees or mortgagees as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its their respective interests may appear. E. The forms (d) PRPA shall provide comprehensive boiler and machinery coverage on insurable objects (excluding the Cranes) on a Repair or Replacement basis during the Term. PRPA shall include XXXX as an additional insured as its interest may appear, including extra expense insurance in an amount of insurance policies Two Hundred Fifty Thousand Dollars (including endorsements) used to provide the property insurance required by this Improvements Lease$250,000), and the insurance company or companies providing the property insurancefor any one loss, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:no monthly limitation.

Property Insurance. From Landlord shall obtain and after keep in force during the commencement Term of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements this Lease (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to same may be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreementextended) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period policies of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, fire and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide extended coverage in the name of Landlord with the loss payable to the holders of any mortgages, deeds of trust or ground leases on the premises ("Lenders") insuring loss or damage to the Premises and any Building and the Real Property. The amount no less than of such insurance shall be equal to the full replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which the Premises and/or any Building and/or the Real Property (as the case may be necessary to comply with building laws. Subject to be), as the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained same shall exist from time to time, but NAI must maintain such coverage on or the amount required by Lenders. Such policy or policies shall also insure against all risks of direct physical loss or damage, including flood and earthquake, and shall insure against loss due to vandalism and malicious mischief. Said policy or policies shall also contain an agreed value basis valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by factor of not less than the adjusted U.S. Department of Labor consumer price index for all urban consumers for San Francisco. If such insurance coverage has a deductible clause, then unless otherwise specified in this Lease, Tenant agrees to eliminate the effects be responsible for payment of coinsuranceany deductible amount due on any claim for an Insured Loss. C. Any deductible (i) In the event of any insured damage or self-insured retention applicable destruction to the property insurance Premises, the Real Property or any Building located thereon as a result of an earthquake, Landlord shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage pay all amounts required by the deductible may be as high as five percent portion of the value policy of insurance and the amount paid by Landlord for the deductible portion of said policy shall then become an item of Operating Cost of the ImprovementsPremises pursuant to Article 4 of this Lease. After However, said amount shall be amortized (with interest at 10% per annum) over the expiration shorter of: (A) the remaining Term of NAI's right to exercise this Lease (including any Issue 97-10 Election, and provided no Issue 97-10 Election option Periods for which an Option has been exercised by NAItimely and properly exercised); or (B) ten (10) years. Provided further, NAI may increase any deductible or self-insured retention applicable if the amortization of said amount has commenced but Tenant later timely and properly exercises an Option to such insuranceextend the Term of this Lease, provided the increased then unamortized portion of said amount shall not exceed (1) $500,000 for all coverages other than earthquake coverageshall, and (2) for earthquake coverage only, five percent at the commencement of the aggregate amount Option Period be amortized (with interest at 10% per annum) over the shorter of: (D) the remainder of the property insurance required to satisfy Term of this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies Lease (including endorsementsthe Option Period just commenced); or (E) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms ten (including endorsements10) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:years.

Property Insurance. From Insurance to cover Supplier’s property at full replacement cost, including business interruption and after extra expense while in the commencement care, custody and control of Yesway. Such insurance will contain a waiver of any construction right of Improvements on subrogation the Supplier or about the Land its insurer may have against Yesway, its affiliates, its insurers and their respective employees, officers, directors and agents. 9.2 Each insurance policy will be issued by a company with an AM Best Financial Strength Rating of A- or the delivery better and an AM Best Financial Size Category Rating of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) VII or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagebetter, and including coverage against earthquake and all coverage perils normally included within a complete copy must be provided to Yesway upon request. If at any time during the definitions term of extended coverage, vandalisman insurer’s AM Best Financial Strength Rating is downgraded to below B, malicious mischief andGPO will, if at its sole cost and expense, procure new coverage meeting the Property is in above criteria with an insurer meeting the preceding minimum requirements for Financial Strength and Financial Size Category Ratings. 9.3 Supplier must provide current Certificates of Insurance and copies of pertinent policy endorsements verifying Supplier’s compliance with the insurance requirements above: (a) upon Supplier’s execution and submission to Yesway of a flood zone, flood. In addition, boiler and machinery coverage must be maintained fully-executed copy of this Agreement; (b) at all times by endorsement to the property insurance policy or by separate policy. Also, during any period time upon request of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsementYesway, and (without limiting c) not less than thirty (30) days prior to expiration of any policy required above. Each Certificate of Insurance should be sent to: BW Gas & Convenience Holdings, LLC, 0000 Xxxxx Xxxxxxx, Xxxx Xxxxx, Xxxxx 00000, Attn: Risk Management. 9.4 The certificates of insurance must provide that the other policies in force listed therein cannot be canceled or materially changed for any reason or expire unless Yesway is given at least thirty (30) days advance written notice. GPO hereby agrees that if it fails to furnish the policy endorsements or the Certificates of Insurance required hereunder, or if Yesway receives notice that any policy of insurance issued to GPO has been canceled or no longer meets the requirements of this ExhibitSection 9, then Yesway may (a) builder's completed value risk suspend this Agreement until insurance must provide is obtained; (b) terminate this Agreement immediately for cause; or (c) obtain forced placement insurance that meets the following coverages:requirements of this Section 9 at GPO’s sole expense. 9.5 GPO’s insurance requirements provided herein will not be construed as limiting in any way: (1a) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit the extent to which GPO may be liable or held responsible for the worksite for installation; (3) loss payment of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during constructiondamages to any person, including Yesway, resulting from faultits operations, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 ElectionProducts, or shall activities; or (b) any duties or obligations GPO may have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right indemnify and hold Yesway harmless pursuant to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphAgreement. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Borrower, at its sole cost and after expense, shall keep the commencement Property insured during the entire term of any construction the Loan, for the mutual benefit of Improvements Borrower and Lender, against fire and such other hazards that would be covered by an insurance policy issued on or about the Land or the delivery a Special Form Cause of any materials in anticipation of such constructionLoss (“All Risk”) basis (“Property Policy”). The Casualty Policy shall: A. NAI must maintain (i) include coverage for, and specifically state that coverage is provided for named storm, windstorms, hail, mold, terrorism and flood coverage, if required; (ii) provide coverage in an amount not less than the full insurable value of the building, which is the same as one hundred percent (100%) replacement cost value (the “RCV”) for each Property; (iii) have a deductible no greater than $25,000.00 per occurrence and contain a replacement cost endorsement; (iv) contain a lender’s loss payable endorsement containing provisions equivalent to those provisions contained in Form 438BFU and naming Lender as “Lender’s Loss Payable” as it concerns Lender’s security interest in personal property assets of the Borrower. If the lender’s loss payable endorsement is provided on Form 438BFU or ISO Form CP1218, the applicable form number shall be referenced on the evidence of insurance required hereunder. Lender shall be named as “Mortgagee” as it concerns Lender’s security interest in "special form" real property assets of the Borrower; (including theftv) be evidenced by an XXXXX Certificate Form 27 or against "all risks," providing the broadest available coverage for all Improvements Form 28 or equivalent form naming Lender as Certificate Holder and “Mortgagee” and/or “Lender’s Loss Payable” status (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreementapplicable) and equipment included such evidence shall be provided to Lender. Neither Certificates of Liability Insurance (XXXXX 25) nor Certificates of Property Insurance (XXXXX 24) shall be acceptable evidence of the Property Policy. Binders and Certificates of Insurance (i.e. - XXXXX forms) are not acceptable proof of flood insurance. Requirements regarding acceptable evidence of flood insurance are set forth in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, Exhibit A hereto; (vi) if the Property Policy is in a flood zoneblanket policy, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to provide that the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, blanket limit is subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible a so- called “Agreed Amount” or self“No Co-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 ElectionInsurance” clause, or the Property Policy shall have previously exercised an Issue 97specifically state the applicable co-10 Election; provided, that insurance percentage and the scheduled value with respect to earthquake the Property; and (vii) except as provided in Section 1(a)(vi) above, not contain any co-insurance clauses or provisions that would reduce the coverage available under the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphProperty Policy. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after the commencement keep in force, and as Additional Rent and in accordance with Paragraph 4D of any construction of Improvements on this Lease, Tenant shall pay to Landlord (or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" Landlord's agent if so directed by Landlord) Tenant's proportionate share (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior allocated to the commencement Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of construction contemplated in the Construction Management Agreement) deductibles on insurance claims and equipment included in the Propertycost of, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of insurance covering loss or damage to and/or destruction of the Premises (excluding routine maintenance and repairs and incidental damage or destruction caused by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance accidents or vandalism for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (which Tenant is responsible under Paragraph 10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of "all risks" insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant's use of the Premises, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have no interest in nor any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of property insurance others under its control, arising from any cause insured against under the fire and extended coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease Agreement to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall cause the policy evidencing such insurance to include a provision permitting such release of liability ("waiver of subrogation endorsement") provided, however, that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not exceed $50,000 at any time when NAI shall continue take effect until consent to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electionsuch waiver is obtained; provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, 30 days advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) Landlord shall maintain fire and after extended coverage insurance on the commencement Building FOR ITS REPLACEMENT, WITH NO CO-INSURANCE. The cost of any construction such insurance shall be included as a part of Improvements on or about the Land Operating Expenses and payments for losses thereunder shall be made solely to Landlord or the delivery mortgagees of any materials Landlord as their interests shall appear. (b) Tenant shall maintain at its expense, in anticipation an amount equal to full replacement cost, fire and extended coverage insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, located in the Premises and in such additional amounts as are required to meet Tenant's obligations pursuant to Paragraph 19 hereof and with deductibles in an amount reasonably satisfactory to Landlord. Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such construction: A. NAI must maintain property insurance in "special form" (including theftinsurance, and Tenant shall obtain and deliver to Landlord a written obligation an the part of each insurer to notify Landlord at least sixty J60) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI days prior to the commencement modification, cancellation or expiration of construction contemplated in such insurance policies, In the Construction Management Agreementevent Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least sixty (60) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement days prior to the property expiration date of each expiring policy, Landlord may obtain such insurance policy or by separate policyas Landlord may reasonably require to protect Landlord's interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant's default hereunder). AlsoThe cost to Landlord of obtaining such policies, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (plus an administrative fee in the amount of no less than $1,500,000ten percent (10%) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in of the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may such policies shall be necessary paid by Tenant to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsuranceLandlord as additional rent upon demand. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials keep in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakageforce, and including coverage against earthquake as Additional Rent and all coverage perils normally included within in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord (or Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share of the definitions of extended coveragedeductibles on insurance claims and the cost of, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of insurance covering loss or damage to and/or destruction of the Building (excluding routine maintenance and repairs and incidental damage or destruction caused by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance accidents or vandalism for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (which Tenant is responsible under Paragraph 10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” “special form” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of the Premises, footingsTenant agrees to pay to Landlord, excavations and grading) with endorsements for contingent liability from operation in addition to its Proportionate Share of building lawsthe deductibles, increased the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase within five (5) days of receipt of the related invoice. Subject Tenant shall have no interest in or any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Premises. BUILDING: Potrero 1 PROPERTY: 01-0034 UNIT: 1 LEASE ID: 0034-RUCK01-01 In addition and notwithstanding anything to the contrary in this Paragraph 17, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of others under its control, arising from any cause insured against under the fire and extended “special form” property insurance coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall not exceed $50,000 at any time when NAI shall continue cause the policy evidencing such insurance to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electioninclude a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, thirty (30) days’ advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. After Notwithstanding anything to the expiration contrary herein, the foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From At all times during the Term and after at Tenant's sole cost and expense (such cost and expense being a part of Tenant's Additional Charges hereunder), Landlord shall keep the commencement Demised Premises and the Improvements insured for the benefit of any construction Landlord and its Mortgagees against (i) loss or damage by fire; (ii) loss or damage from such other risks or hazards now or hereafter embraced by a "Special Cause of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special Loss" form" (, including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertywithout limitation, on a blanket basis if multiple buildings are involvedwindstorm, with no exclusions for vandalismhail, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverageexplosion, vandalism, malicious mischief andriot and civil commotion, damage from vehicles and aircraft, smoke damage, water damage and debris removal; (iii) loss from flood if the Property Land is in a federally designated flood zonearea, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in which case the amount of no less than $1,500,000the coverage for such peril shall be as hereafter provided; (iv) loss from earthquake (if appropriate); and (v) loss or damage from such other soft costs as reasonably determined by NAIrisks or hazards of a similar or dissimilar nature which are now or may hereafter be customarily insured against with respect to improvements similar in construction, subject design, general location, use and occupancy to BNPLC's approvalthe Demised Premises ("PROPERTY INSURANCE"). Promptly after payment of the premium(s) for the Property Insurance, Landlord shall invoice Tenant for the same. At all times, the Property Insurance coverage shall be in an amount equal to one hundred percent (100%) of the then "Full Replacement Cost" of the Improvements (except for foundation, grading and excavation), and shall include a so-called "Agreed Amount Endorsement. B. The property insurance required hereby must provide coverage " Full Replacement Cost shall be interpreted to mean the cost of replacing the Improvements, without deduction for depreciation, obsolescence, or wear and tear, and shall include a reasonable sum for architectural and engineering fees connected with the restoration or replacement of the Improvements in the amount no less than replacement value (exclusive event of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may damages thereto or destruction thereof. Full Replacement Cost shall be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained determined from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any . The deductible or self-insured retention applicable to the property insurance under Landlord's Property Insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Electionamount that is commercially reasonable, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable Landlord shall extend diligent efforts to such insurance, provided obtain commercially competitive rates for the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphProperty Insurance. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From and after the commencement of any Once construction of the Improvements on has commenced, thereafter to continuously keep the Improvements and the Fixtures and Personal Property now or about hereafter existing, erected, installed and located in or upon the Land Real Property insured against loss or the delivery damage by or abatement of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) rental or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertyother income resulting from fire, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagewindstorm, and including flood, extended coverage against earthquake and all coverage such other hazards, casualties and contingencies and perils normally included within the definitions of extended coverageon such forms, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler such amounts and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs periods as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve be reasonably required by the Lender during the term hereof. All such policy forms (including endorsements) and the insurance shall be carried with such company or companies providing as may be reasonably acceptable to the Lender and the original policy or policies and renewals thereof (or, at the option of the Lender, duplicate originals or certified copies thereof) together with receipts evidencing payment of the premium therefor shall be deposited with, held by and are hereby assigned to Lender as additional security for the indebtedness secured hereby. Each such policy of insurance shall contain a non-contributing loss payable clause in favor of and in form acceptable to Lender and shall provide for not less than thirty (30) days' prior written notice of modification, cancellation, termination or expiration to Lender. In the event of loss by reason of the hazards, casualties, contingencies and perils for which insurance has been required by the Lender, the Borrower shall give immediate notice thereof by mail to the Lender, and the Lender, at its option, may make proof of loss if not made promptly by the Borrower, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to the Lender, instead of to the Borrower and Lender jointly, and the Borrower hereby authorizes Lender to adjust and compromise any losses for which insurance proceeds are payable under any of the aforesaid insurance policies and, after deducting the costs of collection, to apply the proceeds of such insurance. Without limiting , at its option, as follows, to wit: (a) to the generality restoration or repair of the foregoinginsured Improvements, BNPLC may Fixtures and Personal Property provided that, in the reasonable opinion and discretion of the Lender, such restoration or repair is reasonably require practical and, provided further, that, in the reasonable opinion and discretion of the Lender, either: (i) the insurance proceeds so collected are sufficient to cover the cost of such restoration or repairs of the damage or destruction with respect to which such proceeds were paid, or (ii) the insurance proceeds so collected are not sufficient in themselves to cover the cost of such restoration or repair, but are sufficient therefor when taken together with funds provided and unless and until NAI is otherwise notified made available by BNPLCthe Borrower from other sources; in which event the Lender shall make such insurance proceeds available to the Borrower for the purpose of effecting such restoration or repairs; but Lender shall not be obligated to see to the proper application of such insurance proceeds nor shall the amount of funds so released or used be deemed to be payment of or on account of the indebtedness secured hereby, BNPLC does requireor (b) to the reduction of the indebtedness secured hereby as a credit on account thereof in inverse order of maturity in the event that such insurance proceeds are not, in the reasonable opinion and discretion of the Lender, sufficient to cover the cost of such restoration or repairs, and the Borrower does not provide and make available sufficient funds from other sources to make up the deficiency between the amount of insurance proceeds and the estimated cost of such restoration and repairs, or (c) to deliver such insurance proceeds to the owner of the Mortgaged Property to be provided applied to the cost of such restoration or repair or for other purposes. None of such actions taken by the Lender shall be deemed to be or result in a waiver or impairment of any equity, lien or right of the Lender under forms and by companies consistent with virtue of this Mortgage. In the following:event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title and interest of the Borrower in and to any insurance policies then in force and insurance proceeds then payable shall pass to the purchaser or grantee.

Property Insurance. From (a) Prior to the Conversion Date, a Builders All Risk/ Special Form Completed Value (Non- Reporting Form) Hazard Insurance policy, including without limitation, theft coverage and such other coverages and endorsements as Bondowner Representative may require, insuring Bondowner Representative against damage to the Property and Improvements in an amount not less than 100% of the full replacement cost at the time of completion of the Improvements. Such coverage should adequately insure any and all Loan collateral, whether such collateral is onsite, stored offsite or otherwise. Bondowner Representative shall be named on the policy as Mortgagee and named under a Bondowner Representative’s Loss Payable Endorsement (Form #ISO CP 1218 or its equivalent). (b) At all times from and after the commencement Conversion Date, Borrower shall provide, maintain and keep in full force and effect all insurance required in clauses (i) through (v) below, as well as such additional insurance as CCRC in its reasonable judgment may from time to time require, against insurable hazards which at the time are commonly insured against in the case of properties situated similarly to that of the Property. Borrower shall supply CCRC with a certificate of insurance for any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such constructionand all policies required hereunder. Insurance required hereunder is as follows: A. NAI (i) Borrower must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined provide insurance, with a replacement cost provision in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior policy of insurance or as an endorsement attached thereto, insuring against loss or damage to the commencement Real Property and Improvements as follows: (1) insurance against loss or damage from fire and/or lightning; (2) insurance against loss or damage from other risks embraced by the type of construction contemplated in the Construction Management Agreementcoverage known as “Special Form” (formerly referred to as “All Risk”) Fire and equipment included in the PropertyExtended Coverage insurance, on a blanket basis if multiple buildings are involvedincluding riot and civil commotion, with no exclusions for vandalism, vandalism and malicious mischief, in an amount not less than the Loan amount; (3) insurance against loss or sprinkler leakagedamage from any boilers, electrical wiring and/or heating, air conditioning and/or refrigeration equipment, or other similar equipment and machinery, at full replacement cost; (4) such other insurance, endorsements and/or renewals, including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalismas CCRC may require, malicious mischief andinsuring against such perils, risks or hazards as CCRC may designate, including (x) flood insurance, if the Property is located in a flood zonezone pursuant to those certain NFIP maps issued by the Federal Emergency Management Agency, flood. In additioncovering the Property, boiler and machinery coverage must be maintained at all times by endorsement to the property and, (y) earthquake insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for in such Improvements, with no protective safeguard endorsementamounts, and (without limiting on such terms and conditions, as CCRC may require, but only in the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: event that either (1) materials and supplies at other locations awaiting installation; the Office of the Comptroller of the Currency or the Federal Deposit Insurance Corporation requires regulated financial institutions or entities such as CCRC to require borrowers or customers to insure against earthquakes, or (2) materials and supplies either Xxxxxx Xxx or the Federal Home Loan Mortgage Corporation requires that collateral for loans in transit to the worksite for installation; its respective programs be insured against earthquakes, or (3) loss of use the Property is or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission becomes located in design, plan, specification or workmanship; (7) construction ordinance or an “Xxxxxxx-Xxxxxx” zone as determined by reference to applicable California law; (8) mechanical or electrical breakdownii) Borrower must provide worker's compensation insurance as may be required by applicable worker's compensation insurance laws (including employer's liability insurance, if required by CCRC), covering all employees of Borrower; (9iii) debris removal additional limitBorrower must provide rental income or rental value insurance with respect to the Improvements, with a liability of not less than eighteen (18) months’ project rents therefrom, naming CCRC as a lender loss payee; (10iv) preservation Borrower must provide ordinance and law coverage for properties that contain any type of property;non-conformance under current building, zoning, or land use laws or ordinances; and (11v) fire department Borrower must provide professional liability insurance for properties which provide any form of on-site services, where service charge; (12) additional interest on construction loan due provider requires a professional license or an advanced professional degree, and shall maintain professional liability insurance protecting the property against errors and omissions of such service provider. Borrower shall also require such service providers to delays in carry the completion of construction; (13) loss of rental income; (14) legal/same professional fees (in the amount of no liability insurance with limits not less than One Million Dollars ($1,500,0001,000,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approvaleach occurrence. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From and after 1. All Risk Physical Damage Insurance including Machinery Breakdown to the commencement of any construction of Improvements on or about the Land or the delivery of any materials LNG Terminal complex at replacement value including LNG product in anticipation storage. Any proceeds of such construction:insurance shall be utilized to restore the LNG Terminal as promptly as possible after any casualty, unless Seller otherwise agrees. A. NAI must maintain property 2. Business Interruption Insurance insuring net profits with an indemnity period of not less than one year. Buyer shall cause Southern LNG to secure from the insurers a waiver of subrogation in favor of Seller in all of the insurance policies and coverages set forth above. With the exception of Workers' Compensation/Employer's Liability and Hull and Machinery insurance (if applicable), all insurance policies provided by Southern LNG and Buyer shall include Seller as an additional insured. However, with respect to Hull and Machinery insurance (if applicable), Seller shall be included as an additional insured as respects collision liability. Buyer shall submit, or cause Southern LNG to submit, to Seller a certificate or certificates of insurance evidencing that satisfactory coverage of the types and minimum limits set forth in "special form" this Exhibit 22.1 are in full force and effect. In the event that Buyer violates the above provision and does not furnish (including theftor cause to be furnished) a properly completed certificate of insurance, failure to object on the part of Seller shall not constitute a waiver of this requirement. Policies providing for such coverages shall specify that they are primary as respects Seller and shall contain provisions that no cancellation or against "all risks," providing the broadest available coverage for all Improvements (as defined material change in the Common Provisions and Definitions Agreement but excluding those Improvements insurance policies shall become effective except upon expiration of thirty (30) days written advance notice thereof to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, floodSeller. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will Seller shall not be responsible or liable for determining the amount of property insurance to be maintained from time to timeany deductibles, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable retentions, and/or premiums associated with the insurance required hereunder. The foregoing minimum insurance requirements are subject to change at the direction of Seller. The certificate of insurance should be mailed to the property following address: Enron Corp., its Affiliates and subsidiaries. P. O. Xxx 0000 Xxxxxxx, XX 00000-0000 Neither the providing of insurance by Southern LNG or Buyer in accordance with the minimum insurance requirements hereof nor the insolvency, bankruptcy or failure of any insurance company carrying insurance of Southern LNG or Buyer, nor the failure of any insurance company to pay any claim accruing shall not exceed $50,000 at be held to waive any time when NAI shall continue to have of the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that provisions of this Agreement with respect to earthquake coverage the deductible may be as high as five percent liability of the value Southern LNG, Buyer or otherwise. The providing of the Improvements. After the expiration Dollar amounts of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy be obtained and maintained hereunder shall not in any manner limit Buyer’s liability under the indemnity provisions of this Improvements Lease, calculated as described in the preceding paragraphAgreement. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall obtain and after keep in force during the commencement Term of any construction this Lease a policy or policies of insurance, with deductibles at the sole discretion of Landlord, covering loss or damage to the Premises, the Building, the Tenant Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in and objects owned by Landlord and normally covered under a "special formBoiler and Machinery" (including theft) or against "all risks," providing the broadest available coverage for all Improvements policy (as defined such term is used in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated insurance industry), at least in the Construction Management Agreementamount of eighty percent (80%) and equipment included in of the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagefull replacement cost thereof, and including coverage in no event less than the total amount required by Mortgagees, against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, special extended perils ("all risk" or "special causes of loss," as such terms are used in the insurance industry, including, at Landlord's option, collapse, earthquake and flood) and other perils as required by the Mortgagees or deemed necessary by Landlord. A stipulated value or agreed amount endorsement deleting any co-insurance provision of said policy or policies shall be procured with said insurance. The cost of such insurance policies shall be included in the definition of Project Costs, and shall be paid by Tenant in the manner set forth in Section 7.1. Such insurance policies shall provide for payment of loss thereunder to Landlord or, at Landlord's election, to the Mortgagees. If the Premises are part of a larger building, or if the Property is Premises are part of a group of buildings owned by Landlord which are adjacent to the Premises, then Tenant shall pay for any increase in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy of the Building or such other building or buildings within the Property if such increase is caused by separate policy. AlsoTenant's acts, during any period of significant construction on any Improvementsomissions, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential occupancy of the Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense, (i) an "all risk" or "special causes of loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (" property policy in the amount of no less than $1,500,000the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of Tenant, with Landlord insured as its interest may appear, and (ii) and other soft costs an "all risk" or "special causes of loss" policy of business interruption and/or loss of income insurance covering a period of two (2) years, plus such additional period of time, if any, as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance permit Tenant to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue in a position to have the right same revenues as were in effect the day before a loss giving rise to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to a claim under such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLCoccurs, with BNPLC shown as an insured as its interests may appearloss payable to Landlord to the extent of Monthly Rent and Additional Rent only. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Subtenant shall purchase and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain all property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent Building Improvements and the Premises which Sublandlord is required under the Primary Lease to maintain. In further description and amplification of the value requirements of Section 7.1 of the Improvements. After Primary Lease, Subtenant shall procure and maintain in full force and effect the expiration following specific additional endorsements or coverages to its property damage policy or policies: ​ (i) during the period of NAI's right time prior to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent Substantial Completion of the aggregate amount initial Building Improvements, a builders' risk policy from Travelers Insurance Company or another underwriter that contains a Limit of Insurance of not less than the full replacement cost of the Building Improvements and other personal property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right trade fixtures located from time to time on the Premises or within the Building Improvements, which policy shall include (i) a so-called "Debris Removal Additional Insurance" ISO form CP 04 15 10 00 endorsement (or its equivalent) that includes, among other coverages, amounts or expenses incurred up to the "actual loss sustained" on account of "Debris Removal," "Fire Department Service Charges" and "Pollutant Clean Up and Removal" and other similar coverages available thereunder (or its equivalent) to reimburse the Subtenant, Sublandlord or Overlandlord for eligible expenses associated with Subtenant's complying with the Premises Clearing Procedures; (ii) so-called "ordinance or law" coverage (or its equivalent) that will reimburse Subtenant, Sublandlord or Overlandlord, as the case may be, for all eligible expenses included in such coverage up to the "actual loss sustained" for the costs to demolish undamaged portions of any Building Improvements if required by applicable Governmental Requirements in order to repair damage to other portions of any Building Improvements resulting from a Casualty; and (iii) so-called "Builders' Risk Site Preparation" coverage (or its equivalent) for the cost of re-excavation, preparation, regrading and other similar work to clear the site in the event the Building Improvements are not rebuilt after the occurrence of any Casualty; and ​ (ii) after Substantial Completion of the Building Improvements and during the remainder of the Term, property damage insurance with Limits of!nsurance of not less than the full replacement cost of the Building Improvements and all Alterations thereto and other personal property and trade fixtures located from time to time on the Premises or within the Building Improvements, which policy shall contain similar coverages to those called for under clause (i) of this Section l 5(a). ​ If at any time to review and approve "actual loss sustained" limits for the foregoing coverages are not available, the limits of such policy forms (including endorsements) and coverages shall be at the insurance company or companies providing such insurance. Without limiting the generality maximum percentage of the foregoingamount paid for direct "loss" to all covered property under said policy then permitted by the underwriter. Subtenant will name the Overlandlord under the Primary Lease, BNPLC may reasonably require (the Overlandlord' s mortgagee and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that Sublandlord or additional insureds under such insurance be provided under forms and by companies consistent with the following:policy. ​

Property Insurance. From Landlord shall at all times from and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in of the Construction Management AgreementBuilding and thereafter during the Term maintain "all risk" coverage (which may exclude coverage for earthquake and flood perils) property insurance on the Building (including the Tenant Work and equipment included in the Propertyany Tenant alterations, on improvements or additions), which insurance shall not exclude coverage for sprinkler damage, vandalism and malicious mischief and shall include a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakageBuilding Ordinance endorsement and a demolition endorsement, and including coverage against earthquake and all coverage perils normally included within to the definitions of extended coverage, vandalism, malicious mischief and, if extent boilers or pressure vessels are used at the Property is in a flood zone, flood. In additionBuilding, boiler and machinery coverage must pressure vessel explosion coverage. Said insurance shall be maintained at all times by endorsement with a responsible insurance company qualified to the property insurance policy or by separate policy. Alsodo business in Minnesota, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the an amount of no not less than $1,500,000one hundred percent (100%) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than of their actual replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and during the insurance company Term with a deductible or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies deductibles which are no greater than those consistent with the following:Minimum Building Standards, and at the expense of Landlord (but with the same to be included as an Operating Expense to the extent allocable to the period after the Rent Commencement Date), and payments for losses thereunder shall be made to Landlord, if the loss is under Two Hundred Fifty Thousand Dollars ($250,000) in Constant Dollars and otherwise to an insurance trustee or title insurance company reasonably acceptable to Landlord and Tenant, or to the institutional holder of a Mortgage who agrees in writing for Tenant's benefit to hold and disburse all such payments in accordance with this Lease, for disbursement in accordance with and for the purposes required by this Lease. Said "all risk coverage" insurance policy shall contain no risk of coinsurance by Landlord by reason of the insured value of the Project being less than the actual value of the Project. Tenant may at its own cost and expense, procure and maintain in effect policies of insurance covering all Trade Fixtures, merchandise and other personal property from time to time in, on or upon the Premises (excluding the Tenant Work and any Tenant alterations, improvements or additions). The proceeds of such insurance carried by Landlord shall be applied in accordance with this Lease for the repair or replacement of the property so insured.

Property Insurance. From Landlord shall obtain and after keep in force during the commencement Term of any construction this Lease a policy or policies of insurance, with commercially reasonable deductibles covering loss or damage to the Premises, the Tenant Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined and objects owned by Landlord at least in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement amount of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage95% of insurable value, and including coverage in no event less than the total amount required by Mortgagees, against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, special extended perils ("all risk" as such term is used in the insurance industry, including, at Landlord's option, collapse, earthquake and flood) and other perils as required by the Mortgagees or deemed necessary by Landlord. A stipulated value or agreed amount endorsement deleting any co-insurance provision of said policy or policies shall be procured with said insurance. All insurance required to be carried by Landlord may be carried under a blanket policy covering the Premises, Building, Project and other locations, provided that the coverage afforded Landlord by reason of the use of such blanket policy shall not be reduced or diminished 1. Such insurance policies shall provide for payment of loss thereunder to Landlord or, at Landlord's election, to the Mortgagees. If the Premises are part of a larger building, or if the Property is Premises are part of a group of buildings owned by Landlord which are adjacent to the Premises, then Tenant shall pay for any increase in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy of the Building or such other building or buildings within the Project if such increase is caused by separate policy. AlsoTenant's acts, during any period of significant construction on any Improvementsomissions, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; occupancy of the Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense: (4i) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (an "all risk" property policy in the amount of no less than $1,500,000the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of Tenant, with Landlord insured as its interest may appear; and (ii) and other soft costs an "all risk" policy of business interruption and/or loss of income insurance covering a period of one (1) year, plus such additional period of time, if any, as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance permit Tenant to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue in a position to have the right same revenues as were in effect the day before a loss giving rise to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to a claim under such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLCoccurs, with BNPLC shown as an insured as its interests may appearloss payable to Landlord to the extent of Monthly Rent and Additional Rent only. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Property insurance on an “all risk” and after “special perils” basis (special form causes of loss) for one hundred percent (100%) of the commencement replacement value of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Mortgaged Property, on a blanket basis if multiple buildings are involvedexclusive of land value (excluding any portions of the Project covered by any tenant’s, with no exclusions for vandalism, malicious mischief, licensee’s or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property sublessee’s insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages:as (1) materials and supplies at other locations awaiting installation; Replacement Cost (without any deduction made for depreciation), (2) materials and supplies in transit to the worksite for installation; Agreed Amount (waiving co insurance penalties), (3) loss of use or consequential loss; a standard mortgagee clause acceptable to Lender, and (4) pollutant cleanup law or ordinance insurance including cost of demolition and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may with a sub-limit of not less than $5,000,000, provided, however, such coverage shall not be necessary to comply with building laws. Subject required if such coverage cannot be obtained by Borrower or for Borrower at commercially reasonable rates or is not customarily carried by institutional owners or tenants of facilities similar to the approval Mortgaged Property. The policy shall include coverage for Flood and Earthquake with sub-limits no less than 25% of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to timereplacement cost, but NAI must maintain each not less than $5,000,000 per occurrence and in the annual aggregate, provided, however, such Earthquake coverage shall not be required if such coverage on an agreed value basis to eliminate the effects cannot be obtained by Borrower or for Borrower at commercially reasonable rates or is not customarily carried by institutional owners or tenants of coinsurance. C. Any deductible or self-insured retention applicable facilities similar to the property insurance Mortgaged Property. If the building is located in a high hazard Earthquake zone, Borrower shall maintain Earthquake limits equal to the Probable Maximum Loss (PML) as established by a licensed engineer with a deductible not greater than 5% of replacement costs, provided, however, such coverage shall not exceed $50,000 be required if such coverage cannot be obtained by Borrower or for Borrower at any time when NAI shall continue commercially reasonable rates or is not customarily carried by institutional owners or tenants of facilities similar to have the right to exercise any Issue 97-10 ElectionMortgaged Property. If the building is located in a Special Flood Hazard Zone, or shall have previously exercised an Issue 97-10 Election; as defined by the National Flood Insurance Program (NFIP), flood insurance should be purchased in maximum available limits from the NFIP with excess limits as required by Lender, provided, that with respect to earthquake however, such coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 be required if such coverage cannot be obtained by Borrower or for all coverages other than earthquake coverage, Borrower at commercially reasonable rates or is not customarily carried by institutional owners or tenants of facilities similar to the Mortgaged Property. Lender shall be named as sole Loss Payee and (2) Mortgagee for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphProject. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after the commencement keep in force, and as Additional Rent and in accordance with Paragraph 4D of any construction of Improvements on this Lease, Tenant shall pay to Landlord (or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior allocated to the commencement Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of construction contemplated in the Construction Management Agreement) deductibles on insurance claims and equipment included in the Propertycost of, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of insurance covering loss or damage to and/or destruction of the Premises (excluding routine maintenance and repairs and incidental damage or destruction caused by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance accidents or vandalism for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (which Tenant is responsible under Paragraph 10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of the Premises, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have no interest in nor any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of property insurance others under its control, arising from any cause insured against under the fire and extended coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease Agreement to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall cause the policy evidencing such insurance to include a provision permitting such release of liability (“waiver of subrogation endorsement”) provided, however, that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not exceed $50,000 at any time when NAI shall continue take effect until consent to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electionsuch waiver is obtained; provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, 30 days advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount Property or any insurance coverage relating thereto. Multi Tenant/Single Parcel Page 11 of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:23 Initial: BUILDING: West Bayshore PROPERTY: 40-0002 UNIT: 2 LEASE ID: 0002-OPTI01-01

Property Insurance. From Sublessor at its expense, subject to reimbursement as provided in Article VII, shall obtain and after keep in force during the commencement Term, a policy or policies of any construction insurance, covering loss or damage to the Premises and the Building, and objects owned by Sublessor at least in the amount of Improvements on or about the Land full replacement cost thereof, and in no event less than the total amount required by Mortgagees and or the delivery of any materials in anticipation of such construction: A. NAI must maintain property Master Lease. Such insurance in "special form" (including theft) or shall cover against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, if special extended perils ("all risk" or "special form causes of loss," as such terms are used in the Property is in a insurance industry), including, at Sublessor's option, collapse, earthquake and flood zone, floodand other perils as required by the Mortgagees or deemed necessary by Sublessor. In addition, boiler Sublessor shall obtain coverage for perils normally covered under a "Boiler and machinery coverage must Machinery" policy as such terms are used in the insurance industry. A stipulated value or agreed amount endorsement deleting any coinsurance provision of said policy or policies shall be maintained procured with said insurance. The cost of such insurance policies shall be included in the definition of Building Costs. Such insurance policies shall provide for payment of loss thereunder to Sublessor or, at all times by endorsement Sublessor's election to the Mortgagees. Sublessee shall pay for any increase in the property insurance policy of the Building if Sublessor provides reasonable evidence that such increase is caused by Sublessee's acts, omissions, or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of particular use or consequential loss; occupancy of the Premises (4other than the permitted purposes stated in Item 12 of the Basic Sublease Provisions). Sublessee shall obtain and keep in force during the Term. at its sole cost and expense, (i) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error an "all risk" or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation "special causes of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (action" property policy in the amount of no less than $1,500,000the full replacement cost covering Sublessee's Improvements, Sublessee's Special Systems, and any Alterations made by or at the request of Sublessee, with Sublessor insured as its interest may appear, and (ii) and other soft costs an "all risk" or "Special Form - Cause of Loss" policy of business interruption and/or loss of income insurance covering a period of one (1) year, plus such additional period of time, if any, as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance permit Sublessee to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue in a position to have the right same revenues as were in effect the day before a loss giving rise to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electiona claim under such insurance occurs; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Electionhowever, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount Sublessor shall not exceed (1) $500,000 for all coverages be entitled to any proceeds therefrom other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphRent. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From In addition, Tenant shall maintain throughout the Term property insurance on the Premises (including, without limitation, all improvements thereto hereafter made by Tenant) and after all fixtures, equipment and personal property at the commencement Premises under an “All Risks of Physical Loss” policy (hereinafter referred to as “All Risks”) including, without limitation, coverage for loss or damage by water, flood and sprinkler damage; such insurance to be written for full replacement value without deduction for depreciation, i.e., in an amount equal to the greater of (A) 100% of the full costs of replacement of the Premises and such fixtures, equipment and personal property (less the cost of excavations, foundations and footings below the basement floor) without deduction for depreciation or (B) an amount sufficient to prevent Tenant from becoming a co-insurer of any construction loss under the applicable policy. The policy shall contain such endorsements as Landlord may reasonably require, including “Replacement Cost,” “Agreed Amount” deleting the co-insurance provision of Improvements on the policy and “Building Ordinance & Law.” If not otherwise included within the “All Risks” coverage specified above, Tenant shall carry or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements cause to be demolished carried, by NAI prior endorsement to the commencement of construction contemplated in the Construction Management Agreement) such “All Risks” policy, coverage against damage due to water and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, flood and including collapse and shall be written with limits of coverage reasonably required by Landlord. The property coverage may not exclude the peril of terrorism (or Tenant must obtain a separate policy insuring the Premises against earthquake and all coverage perils normally included within acts of terrorism). The Replacement Value shall include the definitions cost of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Electiongrading, paving, landscaping, architects, and development fees. The policies of insurance provided no Issue 97-10 Election has been exercised by NAIfor in this Section 18(b) shall name Landlord and Landlord’s Mortgagee as additional insureds and loss payees, NAI as their respective interests may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount appear and shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also include the interest of BNPLCLandlord’s Mortgagee on a standard non-contributory mortgagee endorsement. Such policy shall also be payable, with BNPLC shown if required by Landlord’s Mortgagee, to such Landlord’s Mortgagee as an insured as its interests the interest of such Landlord’s Mortgagee may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall obtain and after keep in force a policy or policies of insurance covering loss or damage to the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" Premises (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management AgreementTenant Improvements) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (Complex in the amount of no less than $1,500,000) the full insurable replacement value thereof, providing protection against those perils included within the classification of "All-Risk" insurance, including flood and/or earthquake insurance (subject to the proviso below). Such insurance shall also provide coverage against loss of rents on an "All-Risk" basis, including earthquake and flood (subject to the proviso below), in the amount of the Rent plus any other sums payable under the Lease (including Real Property Taxes, insurance, and other soft costs Property Expenses), for a period of eighteen (18) months commencing on the date of loss. Landlord may, but shall not be required to, obtain insurance coverage for earthquake and flood if not otherwise required by Stanford pursuant to the Ground Lease. Landlord shall also obtain war and invasion insurance if required pursuant to the terms of the Ground Lease. Tenant shall pay Tenant's share of the annual premium of such insurance as reasonably determined by NAIprovided in Paragraph 47; provided, subject however, that if Landlord obtains earthquake insurance when not required to BNPLCdo so pursuant to the terms of the Ground Lease, the amount of the premium chargeable to Tenant shall not include any amount in excess of a commercially reasonable premium. Tenant's approval. B. allocated share of the annual premium shall be (1) Tenant's Percentage of the annual premium for the insurance for the Complex, if not separately stated for the Premises, excluding such insurance covering tenant improvements installed for all tenants of the Complex, plus (2) the portion of the premium for such insurance covering Tenant Improvements installed for Tenant. The amount of any premium charged to Tenant shall not include any amount for tenant improvements of other tenants of the Complex. The property insurance provided for in this paragraph shall comply with the property insurance requirements of the Amendment, Assignment, Assumption, and Consent to Assignment of Lease dated February 23, 1989 (the "Ground Lease") among The Board of Trustees of The Xxxxxx Xxxxxxxx Junior University ("Stanford"), Landlord, and Xxxxxxxxx Semiconductor Corporation; (provided that if Landlord obtains earthquake insurance when not required hereby must provide coverage by the Ground Lease, such insurance may be obtained from any carrier qualified to sell such insurance in the amount no less than replacement value (exclusive State of land, foundation, footings, excavations and grading) with endorsements California). Landlord shall assign to Tenant proceeds of insurance for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject loss or damage to the approval of BNPLCTenant Improvements, NAI will except to the extent that Landlord shall be responsible for determining repair or restoration of any Tenant Improvements. Tenant shall apply all such assigned proceeds to the amount repair and restoration of property the Premises unless the Lease is terminated pursuant to Paragraph 21. Landlord shall apply all other proceeds from such insurance to be maintained from time to timerepair and restoration of the Premises (including restoration of Tenant Improvements for which Landlord is responsible, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible if any) or self-insured retention applicable Complex pursuant to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent terms of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsementsParagraphs 13(a) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:21.

Property Insurance. From Landlord shall obtain and after keep in force during the commencement term of any construction this Lease a policy or policies of Improvements on insurance, with deductibles at the sole discretion of Landlord, covering loss or about damage to the Land or Premises, the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in Building, and objects owned by Landlord and normally covered under a "special formBoiler and Machinery" (including theft) or against "all risks," providing the broadest available coverage for all Improvements policy (as defined such term is used in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated insurance industry), at least in the Construction Management Agreement) and equipment included in amount of the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagefull replacement cost thereof, and including coverage in no event less than the total amount required by Mortgagees, against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, special extended perils ("all risk" or "special causes of action," as such terms are used in the insurance industry, including, at Landlord's option, collapse, earthquake and flood) and other perils as required by the Mortgagees or deemed necessary by Landlord. A stipulated value or agreed amount endorsement deleting any co-insurance provision of said policy or policies shall be procured with said insurance. The cost of such insurance policies shall be included in the definition of Project Costs, and shall be paid by Tenant in the manner set forth in Section 7. 1. Such insurance policies shall provide for payment of loss thereunder to Landlord or, at Landlord's election, to the Mortgagees. If the Premises are part of a larger building, or if the Property is Premises are part of a group of buildings owned by Landlord which are adjacent to the Premises, then Tenant shall pay for any increase in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy of the Building or such other building or buildings within the Project if such increase is caused by separate policy. AlsoTenant's acts, during any period of significant construction on any Improvementsomissions, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; occupancy of the Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense, (4i) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error an "all risk" or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation "special causes of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (action" property policy in the amount of no less than $1,500,000the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of Tenant, with Landlord insured as its interest may appear, and (ii) and other soft costs an "all risk" or "special causes of action" policy of business interruption and/or loss of income insurance covering a period of two (2) years, plus such additional period of time, if any, as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance permit Tenant to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue in a position to have the right same revenues as were in effect the day before a loss giving rise to exercise any Issue 97-10 Electiona claim under such insurance occurs, or shall have previously exercised an Issue 97-10 Election; provided, that with respect loss payable to earthquake coverage Landlord to the deductible extent of Monthly Rent and Additional Rent only. Tenant may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, insure on Sections i and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphii referenced above. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after keep in force, and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord (or Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (of the commencement deductibles on insurance claims and the cost of, policy or policies of any construction of Improvements on insurance covering loss or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior damage to the commencement of construction contemplated in the Construction Management Agreement) Building and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property which Tenant is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (responsible under Paragraph 11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” “special form” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent and any deductibles related thereto. If such insurance cost is increased due to Tenant’s use of the Premises or the Complex, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have no interest in nor any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Complex. In addition and notwithstanding anything to the contrary in this Paragraph 17, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of others under its control, arising from any cause insured against under the fire and extended “special form” property insurance coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall not exceed $50,000 at any time when NAI shall continue cause the policy evidencing such insurance to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electioninclude a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, thirty (30) days’ advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount Property or any insurance coverage relating thereto. 12 of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:25 991719 v2/SF BUILDING: Marriott 12 PROPERTY: 01-0112 UNIT: 2 LEASE ID: 0112-BECE01-01

Property Insurance. From (a) An “All Risk” policy form, covering insurance risks no less broad than those covered under a special Multi Peril (SMP) policy form, which contains a commercial ISO “causes of loss-special form,” in the then current form, and after such other risks as Administrative Agent may reasonably require, insuring Administrative Agent, for the commencement benefit of Lenders against damage in an amount not less than one hundred percent (100%) of the full replacement cost of the Property. Administrative Agent, for the benefit of Lenders, shall be named on the policy as Mortgagee and named under a Lender’s Loss Payable Endorsement (form #438BFU or equivalent) and Standard Mortgagee Clause Endorsement (in forms acceptable to Administrative Agent). With respect to any required wind/storm coverage, the maximum deductible may not exceed $15,000,000. (b) If Borrower elects to commence the construction of Improvements on or about the Land or Expansion, in addition to the delivery “All Risk” policy required under clause (a) above, a Builders All Risk/Special Form Completed Value (Non-Reporting Form) Hazard Insurance policy, including, without limitation, theft coverage and such other coverages and endorsements as Administrative Agent may require, insuring Administrative Agent, for the benefit of any materials Lenders against damage in anticipation an amount not less than one hundred percent (100%) of the full replacement cost of the Property at the time of Completion of the Expansion; provided that Borrower shall not be required to begin maintaining such construction: A. NAI must maintain property insurance in "special form" Builders All Risk/Special Form Completed Value (including theftNon-Reporting Form) or against "all risks," providing Hazard Insurance policy until the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI day prior to the commencement of construction contemplated in of the Construction Management Agreement) Expansion (and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including shall maintain such coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement thereafter). Such coverage should adequately insure any and all Loan collateral, whether such collateral is onsite, stored offsite or otherwise. Administrative Agent, for the benefit of Lenders, shall be named on the policy as Mortgagee and named under a Lender’s Loss Payable Endorsement (form #438BFU or equivalent) and Standard Mortgagee Clause Endorsement (in forms acceptable to the property insurance policy or by separate policyAdministrative Agent). Also, during With respect to any period of significant construction on any Improvementsrequired wind/storm coverage, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which maximum deductible may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph15,000,000. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From The Lessee covenants and after agrees that immediately upon the commencement of the term hereof, Lessee will cause, at Lessee's expense, the Building and, Improvements placed on the Demised Premises by the Lessor, including any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "and all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements additions thereto, to be demolished insured for full replacement cost against loss or damage by NAI prior fire, lightning and other casualty covered by the provisions of endorsements for Extended Coverage and Special Extended Coverage, to include the commencement peril of construction contemplated in the Construction Management Agreement) collapse, vandalism and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagereplacement cost, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement will keep insurance to the property insurance policy or by separate policy. Alsofull replacement value, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain of the Building and Improvements placed on said Demised Premises by Lessor, including any and all additions thereto, in full force and effect during the term hereof so long as this Lease is in effect, including all extensions hereof. No such coverage policy of insurance shall include either the contents of the Building located on an agreed value basis to eliminate the effects Demised Premises or any other property of coinsurance. C. Any deductible the Lessee or self-insured retention applicable any third party except as a separate stated item of insurance, separate and in addition to the property insurance coverage which shall not exceed $50,000 at apply exclusively to Lessor's Building and other Improvements owned by Lessor. All such policies shall provide that Lessor and any time when NAI Mortgagee(s) shall continue to have be the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be insureds as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Electiontheir interests appear, and provided no Issue 97-10 Election has been exercised by NAIshall further provide that any loss shall be payable to Lessor and any Mortgagee(s) notwithstanding any act or omission of Lessee which might otherwise result in a forfeiture or reduction of said insurance. In addition, NAI Lessee shall maintain steam boiler insurance in such amounts as Lessor may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time reasonably require on all steam boilers, pressure boilers or such apparatus as Lessor may deem necessary to review and approve such policy forms (including endorsements) and the insurance company or companies providing be covered by such insurance, if any. Without The Lessee will not place, nor permit to be placed, any other policies of insurance upon the Building or other Improvements placed upon Demised Premises by Lessor without advance written permission of Lessor and without Lessor and Lessor's Mortgagee(s) as a named insured, provided, however, that nothing herein shall be construed as limiting in any way the generality of manner in which Lessee insures its personal property and trade fixtures placed within the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Demised Premises.

Property Insurance. From (a) Tenant shall at all times during the term hereof, and after the commencement at its cost and expense, maintain in effect policies of any construction of Improvements on insurance covering (i) all improvements in or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in Premises, providing protection against any item included within the Construction Management Agreement) classification “All Risk,” including but not limited to insurance against sprinkler leakage, vandalism and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is such insurance to be in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the an amount no less than the full replacement value of such improvements, which shall be determined at the time the policy is initially obtained, and not less frequently than once every three (exclusive of land3) years thereafter, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which such other insurance as may be necessary required by Landlord’s lender, if any, (ii) all personal property of Tenant located in or on the Premises, including but not limited to comply with building laws. Subject fixtures, furnishings, equipment, furniture, inventory and stock in trade, in an amount not less than their full replacement value, providing protection against any peril included within the classification “All Risk,” including but not limited to insurance against sprinkler leakage, vandalism and malicious mischief; and (iii) all plate glass on the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurancePremises. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent (b) The proceeds of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided so long as this lease remains in effect, shall be held in trust by the increased amount shall not exceed insurance carriers and used to repair or replace the parts of the Premises, any improvements thereto and personal property so insured. Upon any termination of this lease pursuant to Sections 8.02 or 8.03, Landlord may keep or apply the proceeds of the insurance required pursuant to clauses (1i) $500,000 for all coverages other than earthquake coverage, and (2iii) for earthquake coverage onlyof Subsection 7.02(a) above, five percent of at its discretion; the aggregate amount of remaining proceeds shall be the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphof Tenant. D. The property (c) Tenant shall at its cost maintain business interruption insurance shall cover assuring that the rent payable hereunder will be paid to Landlord for a period of not only less than twelve (12) months if the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appearPremises are destroyed or rendered inaccessible. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) Landlord shall maintain fire and after extended coverage insurance on the commencement Building and the Premises in such amounts as Landlord elects. The cost of any construction such insurance shall be included as a part of Improvements on or about the Land Basic Costs, and payments for losses thereunder shall be made solely to Landlord or the delivery mortgagees of any materials Landlord as their interests shall appear. (b) Tenant shall maintain at its expense, in anticipation an amount equal to full replacement cost, fire and extended coverage insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, located in the Premises and in such additional amounts as are required to meet Tenant's obligations pursuant to Paragraph 19 hereof. Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such construction: A. NAI must maintain property insurance in "special form" insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (including theft30) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI days prior to the commencement modification, cancellation or expiration of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, floodsuch insurance policies. In addition, boiler and machinery coverage must be maintained the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at all times by endorsement least thirty (30) days prior to the property expiration date of each expiring policy, Landlord may obtain such insurance policy or by separate policyas Landlord may reasonably require to protect Landlord's interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant's default hereunder). AlsoThe cost to Landlord of obtaining such policies, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (plus an administrative fee in the amount of no less than $1,500,000fifteen percent (15%) and other soft costs of the cost of such policies shall be paid by Tenant to Landlord as reasonably determined by NAI, subject to BNPLC's approvaladditional rent upon demand. B. The property insurance required (c) Landlord and Tenant each hereby must provide coverage in waives on behalf of itself and its insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise) any and all rights of recovery, claim, action, or cause of action, against the amount no less than replacement value (exclusive of landother, foundationits agents, footingsofficers or employees, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which any loss or damage that may be necessary to comply with building laws. Subject occur to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 ElectionPremises, or shall have previously exercised an Issue 97-10 Election; providedany improvements thereto or the Building of which the Premises are a part, that with respect to earthquake coverage or any improvements thereto, or any personal property of such party therein, by reason of fire, the deductible may be as high as five percent elements, or any other cause(s) which are, or could be, insured against under the terms of the value standard fire and extended coverage insurance policies referred to in this Paragraph 15, regardless of whether such insurance is actually maintained and regardless of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible cause or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent origin of the aggregate amount damage involved, including sole, joint or concurrent, negligence of the property insurance required to satisfy this Improvements Leaseother party hereto, calculated as described in the preceding paragraphits agents, officers, or employees. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Tenant agrees at all times during the continuance of this Lease, at its own cost and after expense, to insure the commencement of any construction of Improvements on or about Building and all improvements, betterments and equipment, against the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment perils included in the Property, on a blanket basis if multiple buildings are involved, "Special Causes of Loss Form" with no the elimination of any exclusions for vandalismwater damage other than that caused by flood and which may, malicious mischief, or sprinkler leakage, at Xxxxxx's option and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement subject to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; immediately succeeding two (2) materials sentences, include earthquake and supplies flood loss coverage. If Tenant elects to not include earthquake and/or flood loss coverage in transit to the worksite insurance maintained by Tenant on the Project, and if Landlord's lender requires such coverage, Tenant shall, at Tenant's cost and expense, purchase such earthquake and/or flood loss coverage, except that if the premium for installation; (3) such earthquake and flood loss of use or consequential loss; (4) pollutant cleanup and removal; coverage as mandated by Landlord's lender exceeds five (5) freezing; cents per $100 of value insured, Tenant will not be required to purchase such earthquake and/or flood loss coverage to the extent the premium therefor exceeds five (65) collapse during constructioncents per $100 of value insured, resulting from faultunless Landlord reimburses Tenant for the amount the insurance premium is so increased above five (5) cents per $100 of value insured. Additionally, defectif Tenant elects not to carry earthquake and/or flood loss insurance with a deductible less than five percent (5%), error or omission in designand Landlord's lender requires such coverage, plan, specification or workmanship; Tenant will not be required to carry such earthquake and/or flood loss insurance with a deductible less than five percent (75%) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal unless Landlord reimburses Tenant for the additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays premium which will arise by so reducing the deductible. Coverage shall be in the completion name of construction; (13) Xxxxxx, Landlord, and Xxxxxxxx's mortgagee(s), as their respective interests may appear. Tenant may maintain this coverage under a blanket policy insuring other operations of Tenant. Coverage shall be provided in an amount equal to 100% of the replacement cost of the Building and improvements and shall include an agreed amount endorsement. Tenant shall also provide coverage for loss of rental income; income (14including the amounts payable by Tenant for Base Rent, Taxes and insurance premiums and pursuant to SECTIONS 5.1 and 5.6 hereof) legal/professional fees for a twenty-four (24) month period following the date of loss. Coverage for the loss of rental income may be included in Tenant's Loss of Income Insurance coverage. All insurance shall be placed with insurers approved to do business in the amount state where the Project is located and with insurers having a Best's rating of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property A-VI or better. All insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements proceeds for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that losses with respect to earthquake coverage the deductible may Project shall be payable to Landlord's mortgagee if required to be paid to such lienholder as high provided in SECTION 14.5 hereof. In all other cases, all insurance proceeds for losses with respect to the Project shall be payable, at Landlord's election, either to Landlord mortgagee(s), to Landlord or to an insurance trustee reasonably selected by Landlord and Tenant to maintain and disburse such funds to assure completion of all restoration required hereunder or permitted by SECTIONS 14.1 or 14.10 hereof, and otherwise as five percent the interests of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may parties appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Landlord shall purchase and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials keep in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakageforce, and including coverage against earthquake as Additional Rent and all coverage perils normally included within in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord (or Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share of the definitions of extended coveragedeductibles on insurance claims and the cost of, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of insurance covering loss or damage to and/or destruction of the Building (excluding routine maintenance and repairs and incidental damage or destruction caused by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance accidents or vandalism for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (which Tenant is responsible under Paragraph 10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” “special form” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of the Premises, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased Tenant agrees to pay to Landlord the full cost of construction and demolition costs which may be necessary to comply with building lawssuch increase. Subject Tenant shall have no interest in or any right to the approval proceeds of BNPLCany insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, NAI will be responsible each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for determining loss or damage to its property or the amount property of others under its control, arising from any cause insured against under the fire and extended “special form” property insurance coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall not exceed $50,000 at any time when NAI shall continue cause the policy evidencing such insurance to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electioninclude a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, thirty (30) days’ advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. After the expiration The foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From As to Improvements while under construction: An ORIGINAL (or evidence acceptable to Lender of) Builder’s Risk “All-Risk”, Completed Value (Non-Reporting) Form POLICY naming Borrower as an insured, and after covering the commencement interests of all contractors (of all tiers) in the Project, reflecting coverage of 100% of the insurable replacement cost, and written by a carrier approved by Lender with a current A.M. Best Company rating of at least A:VII (which is authorized to do business in the State of South Dakota), that includes: Lender’s Loss Payable Endorsement naming U.S. Bank National Association as Mortgagee 30-day notice to Lender in the event of cancellation or non-renewal by either party or material adverse change Replacement Cost Measure of Recovery Coverage for Foundations, Off-site (Unscheduled and Temporary Locations), Transit, Testing, Flood, Earthquake, Collapse, and Boiler and Machinery/Mechanical and Electrical Breakdown, in such amounts as Lender and Borrower mutually agree is appropriate Coverage for indirect loss exposures (customarily referred to as “soft cost” exposures), “Contingent Liability from Operation of Building Laws” coverage, “Demolition Costs” coverage, “Increased Cost of Construction” coverage, with such additional limits for such coverages as Lender may reasonably require Policy to permit partial occupancy No insurer subrogation action or recovery against any party whose interests are covered under the policy Deductible not to exceed $25,000 Coverage to become effective upon the date that concrete is first poured, or the start of any construction shipment of Improvements on materials, machinery or about equipment to the Land site, whichever is earlier, and to remain in effect until replaced by the permanent All Risk Property Insurance described below, or until such other time as may be mutually agreed upon by Lender and Borrower As to completed Improvements: An ORIGINAL (or evidence acceptable to Lender of) Special Form (or so-called All Risk) Hazard Insurance POLICY naming Borrower as an insured, reflecting coverage of 100% of the delivery replacement cost, and written by a carrier approved by Lender with a current A.M. Best Company rating of any materials at least A:VII (which is authorized to do business in anticipation the State of such construction: A. NAI must maintain property insurance South Dakota), that includes: · Lender’s Loss Payable Endorsement naming U.S. Bank National Association as Mortgagee · 30-day notice to Lender in "special form" the event of cancellation or non-renewal by either party or material adverse change · Replacement Cost Measure or Recovery · Stipulated Value/Agreed Amount Endorsement (No Coinsurance) · Boiler and Machinery Coverage (including theftbusiness income, extra expense coverage) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: One (1) materials and supplies at other locations awaiting installation; (2) materials and supplies year’s business interruption, leasehold interest and/or rent loss insurance in transit an amount acceptable to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide Lender Extra expense coverage in the an amount no less than replacement value (exclusive acceptable to Lender “Contingent Liability from Operation of landBuilding Laws” coverage, foundation“Demolition Costs” coverage, footings, excavations and grading) with endorsements for contingent liability from operation “Increased Cost of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake Construction” coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required “Increased Time to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLCRebuild” Coverage, with BNPLC shown such additional limits for such coverages as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC Lender may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Deductible not to exceed $25,000

Property Insurance. From and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI (a) Landlord must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of “risks of direct physical loss” in a “special form” basis (or comparable coverage by separate policy. Also, during any period whatever name denominated) on the portion of significant construction on any Improvements, the Complex that is the property insurance must include builder's completed value risk insurance for such Improvementsof Landlord (including Alterations by Tenant that have become the property of Landlord), with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit an amount equal to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no not less than $1,500,000) and other soft costs 90% of the replacement cost (or such greater amount as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building lawsthe provisions of any co-insurance clauses of the policy). Subject The premium for such policy will be included as a part of the Basic Operating Costs. Payments for losses thereunder will be made solely to Landlord or to the approval mortgagees of BNPLCLandlord as their interests may appear. If insurance premiums for the Complex increase due to: (i) the Improvements to the Premises in excess of Building Standard or any subsequent improvements made by Tenant to the Premises or made by Landlord at Tenant’s request, NAI or (ii) as a result of Tenant’s use of the Premises, Landlord may elect to require Tenant to pay directly for the increased premiums rather than including such increased premiums in Basic Operating Costs. (b) Tenant must maintain an insurance policy or policies of “risks of direct physical loss” in a “special form” basis (or comparable coverage by whatever name denominated) on all of its personal property, including removable trade fixtures, supplies and movable furniture and equipment located on the Premises, in an amount equal to full replacement cost and endorsed to provide that Tenant’s insurance is primary in the event of any overlapping coverage with the insurance carried by Landlord. Such insurance will be responsible maintained at the expense of Tenant and payment for determining losses thereunder will be made solely to Tenant or to the amount mortgagees of property insurance Tenant (if permitted hereunder) as their interests may appear. Tenant must, prior to be maintained occupancy of the Premises and at Landlord’s request from time to time, but NAI provide to Landlord a current certificate of insurance evidencing Tenant’s compliance with this Section 9.1. Tenant must maintain such coverage on an agreed value basis obtain the agreement of Tenant’s insurers to eliminate the effects notify Landlord at least 30 days prior to any cancellation, modification or expiration of coinsurance. C. Any deductible or self-insured retention applicable to the a property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphpolicy. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (A) At all times during the Lease Term, Tenant shall procure and after the commencement of any construction of Improvements on maintain, at its sole expense, "all-risk" property insurance, for damage or about the Land other loss caused by fire or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) other casualty or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions cause including, but not limited to, vandalism and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or theft, water damage of any type, including sprinkler leakage, bursting of pipes, explosion, in an amount not less than one hundred percent (100%) of the replacement cost covering (i) all Alterations made by or for Tenant in the Premises; and including coverage against earthquake (ii) Tenant's trade fixtures, equipment and all coverage perils normally included within other personal property from time to time situated in the definitions Premises. The proceeds of extended coveragesuch insurance shall be used for the repair or replacement of the property so insured, vandalismexcept that if not so applied or if, malicious mischief andthis Lease is terminated following a casualty, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement proceeds applicable to the leasehold improvements shall be paid to Landlord and the proceeds applicable to Tenant's personal property insurance policy shall be paid to Tenant. Tenant shall have the right, but not the obligation, to self-insure all loss or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit damage to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (Premises in the amount of no less than $1,500,000) the full replacement value thereof. In said event, Tenant shall deliver to Landlord, at the commencement of each Lease Year, a certificate of self-insurance executed by Tenant, certifying that Landlord is named or reflected as an "additional insured" on said self-insurance, and other soft costs that Landlord shall be entitled to rely thereon. If Tenant elects to self-insure, then in the event of any property damage or loss which is required to be insured against by Tenant under this Lease, Tenant shall repair or replace the same to the same extent as reasonably determined it would have been required under this Article 10 had Tenant carried the property insurance policies required by NAI, subject to BNPLC's approvalthis Section 10.02(A). B. The (B) Landlord shall, at all times during the Lease Term, procure and maintain "all-risk" property insurance required hereby must provide coverage in the amount no not less than ninety percent (90%) of the insurable replacement value (exclusive of land, foundation, footings, excavations cost covering the Building in which the Premises are located and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which such other insurance as may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company a Mortgagee or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified desired by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Landlord.

Property Insurance. From 13.1 Tenant agrees at all times during the Term to keep the Building and after improvements on the commencement Premises and all property used at or in conjunction with the Premises insured against all perils included within the classification “Causes of any Loss - Special Form” (All Risk) insurance coverage, together with insurance against sprinkler damage, vandalism and malicious mischief, as well as the following endorsements: difference in conditions, business income and extra expenses (with extended period of indemnity), service interruption and building ordinance or law, and against such other risks or hazards and in such amounts as Landlord reasonably requires. Such insurance must be maintained by Tenant during the Term in an amount not less than the full cost of replacement thereof (including debris removal and demolition), and including all personal property, inventory, decorations, trade fixtures, furnishings, equipment and other contents in the Premises. The requirements of this paragraph do not extend to the personal property of subtenants. 13.2 Tenant also agrees to maintain or cause to be maintained during the construction of Improvements the Building and other improvements on or about the Land or Premises Builder’s Risk (course of construction) insurance in an amount equal to the delivery of any materials in anticipation cost of such construction:. A. NAI 13.3 Tenant must also maintain property insurance in "special form" (including theftand/or cause Xxxxxx’s contractor(s) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on maintain a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of Worker’s Compensation Insurance as required by separate policy. Also, during any period law and employer’s liability insurance with limits equal to those set forth in Article 15 below containing a full waiver of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements subrogation in favor of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approvalLandlord. B. The property insurance required hereby must provide coverage in 13.4 Tenant’s obligations to carry the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements LeaseLease may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, that the coverage afforded Landlord will not be reduced or diminished by reason of the use of a blanket policy of insurance, and provided further that the requirements set forth in this Article 13 and Article 15 below are otherwise satisfied. If Tenant uses such a blanket policy, Tenant’s certificate of insurance company or companies providing must provide that the property insurance, must be acceptable to BNPLC. BNPLC shall have Premises are covered by such blanket policy with the right from time to time and at limits of liability required by this Lease. 13.5 In the event of loss under any time to review and approve such policy forms or policies, Tenant must promptly proceed with the repair and restoration of the damaged or destroyed buildings and improvements in accordance with Article 14 hereof. If this Lease is terminated for an Event of Default of Tenant, all proceeds of insurance in the hands of Tenant and all claims against insurers will be and become the absolute property of Landlord. 13.6 Tenant releases Landlord and Xxxxxxxx’s officers, directors, shareholders, members, managers, partners, agents, employees, lenders, and independent contractors and all persons and entities claiming through any of these persons or entities (including endorsementscollectively “Landlord Group”) and from liability for loss or damage to Tenant’s property arising out of or incident to any peril required to be insured against in this Lease. If such loss or damage to Tenant’s property occurs, Xxxxxx agrees to look solely to its insurance (or self insurance) for recovery. This release is not limited by the amount of insurance company carried or companies providing such required to be carried under this Lease or by any deductibles applicable thereto, or invalidated by Tenant’s failure to carry insurance. Without limiting This release is applicable even if the generality loss or damage is caused by the fault or negligence of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such any member of Landlord Group. Tenant agrees to obtain from its insurance be provided under forms and by companies carriers a waiver of subrogation clause or endorsement consistent with the following:foregoing. However, nothing contained herein releases Tenant from the obligation to insure and to apply or pay over proceeds of insurance or self- insurance as otherwise required by this Lease.

Property Insurance. From (a) Landlord shall obtain and after keep in force during the commencement term of any construction this Lease a policy or policies of Improvements on insurance covering loss or about damage to the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement Premises, but excluding those Improvements to be demolished by NAI prior to coverage of fixtures, machinery, equipment, alterations and leasehold improvements of Tenant which are not considered part of the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertyreal estate for insurance purposes, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than full replacement value (exclusive of landthereof, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which as the same may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained exist from time to time, or the amount required by any lender (but NAI must maintain such coverage on an agreed in no event more than the commercially reasonable and available insurance value basis to eliminate thereof) providing protection against all perils customarily included within the effects “all risk” or “special form” classification of coinsurance. C. Any deductible causes of loss, and, at Landlord’s option, flood, earthquake and additional costs resulting from debris removal and the enforcement of any ordinance or self-insured retention applicable to law regulating the property insurance shall not exceed $50,000 at reconstruction or replacement of any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent undamaged sections of the value Building required to be demolished or removed by reason of the Improvementsenforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. After In addition, Landlord shall obtain and keep in force, during the expiration term of NAI's right to exercise any Issue 97-10 Electionthis Lease, a policy of rental loss insurance commencing on the date of loss and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed continuing for a period of at least one (1) $500,000 for year, with proceeds payable to Landlord, which insurance may also cover all coverages other than earthquake coverageReal Property Taxes, insurance premiums, and other sums payable by Tenant to Landlord hereunder for said period. The insurance coverage may include sprinkler leakage insurance if the Building contains fire sprinklers. Tenant shall have no interest in or right to the proceeds of any such insurance carried by Landlord. (2b) for earthquake coverage onlyTenant shall, five percent at Tenant’s sole expense, obtain and keep in force during the term of this Lease, a policy covering causes of loss-special form insuring the fixtures, machinery, equipment, alterations, personal property and leasehold improvements of Tenant which are not considered part of the aggregate amount of real estate for insurance purposes for the property insurance required to satisfy this Improvements Leasefull replacement value thereof, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests same may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right increase from time to time and at due to inflation or otherwise. The proceeds from any time of such policies shall be used for the repair or replacement of such items so insured to review and approve the extent that the same would become the property of Landlord upon the expiration or sooner termination of this Lease. Tenant may carry such insurance under a blanket policy, provided that such policy forms (including endorsements) provides coverage equivalent to a separate policy. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the insurance company settlement of any claim or companies providing loss under such insurance. Without limiting the generality Landlord shall have no obligation to carry insurance on any of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Tenant’s personal or other property.

Property Insurance. From 14.1 Tenant agrees at all times during the Term to keep the Building and after improvements on the commencement Premises and all property used at or in conjunction with the Premises insured against all perils included within the classification “Causes of any Loss - Special Form” (All Risk) insurance coverage, together with insurance against sprinkler damage, vandalism and malicious mischief, as well as the following endorsements: difference in conditions, business income and extra expenses (with extended period of indemnity), service interruption and building ordinance or law, and against such other risks or hazards and in such amounts as Landlord reasonably requires. Such insurance must be maintained by Tenant during the Term in an amount not less than the full cost of replacement thereof (including debris removal and demolition), and including all personal property, inventory, decorations, trade fixtures, furnishings, equipment and other contents in the Premises. The requirements of this paragraph do not extend to the personal property of subtenants. 14.2 Tenant also agrees to maintain or cause to be maintained during the construction of Improvements the Building and other improvements on or about the Land or Premises Builder’s Risk (course of construction) insurance in an amount equal to the delivery of any materials in anticipation cost of such construction:. A. NAI 14.3 Tenant must also maintain property insurance in "special form" (including theftand/or cause Xxxxxx’s contractor(s) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on maintain a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or policies of Worker’s Compensation Insurance as required by separate policy. Also, during any period law and employer’s liability insurance with limits equal to those set forth in Article 16 below containing a full waiver of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements subrogation in favor of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approvalLandlord. B. The property insurance required hereby must provide coverage in 14.4 Tenant’s obligations to carry the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements LeaseLease may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, that the coverage afforded Landlord will not be reduced or diminished by reason of the use of a blanket policy of insurance, and provided further that the requirements set forth in this Article 14 and Article 16 below are otherwise satisfied. If Tenant uses such a blanket policy, Tenant’s certificate of insurance company or companies providing must provide that the property insurance, must be acceptable to BNPLC. BNPLC shall have Premises are covered by such blanket policy with the right from time to time and at limits of liability required by this Lease. 14.5 In the event of loss under any time to review and approve such policy forms or policies, Tenant must promptly proceed with the repair and restoration of the damaged or destroyed buildings and improvements in accordance with Article 15 hereof. If this Lease is terminated for an Event of Default of Tenant, all proceeds of insurance in the hands of Tenant and all claims against insurers will be and become the absolute property of Landlord. 14.6 Tenant releases Landlord and Xxxxxxxx’s officers, directors, shareholders, members, managers, partners, agents, employees, lenders, and independent contractors and all persons and entities claiming through any of these persons or entities (including endorsementscollectively “Landlord Group”) and from liability for loss or damage to Tenant’s property arising out of or incident to any peril required to be insured against in this Lease. If such loss or damage to Tenant’s property occurs, Xxxxxx agrees to look solely to its insurance (or self insurance) for recovery. This release is not limited by the amount of insurance company carried or companies providing such required to be carried under this Lease or by any deductibles applicable thereto, or invalidated by Tenant’s failure to carry insurance. Without limiting This release is applicable even if the generality loss or damage is caused by the fault or negligence of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such any member of Landlord Group. Tenant agrees to obtain from its insurance be provided under forms and by companies carriers a waiver of subrogation clause or endorsement consistent with the following:foregoing. However, nothing contained herein releases Tenant from the obligation to insure and to apply or pay over proceeds of insurance or self- insurance as otherwise required by this Lease.

Property Insurance. From (a) Landlord shall obtain and after keep in force during the commencement term of any construction this Lease a policy or policies of Improvements on insurance covering loss or about damage to the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement Premises, but excluding those Improvements to be demolished by NAI prior to coverage of fixtures, machinery, equipment, alterations and leasehold improvements of Tenant which are not considered part of the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertyreal estate for insurance purposes, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than full replacement value (exclusive of landthereof, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which as the same may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained exist from time to time, or the amount required by any lender (but NAI must maintain such coverage on an agreed in no event more than the commercially reasonable and available insurance value basis to eliminate thereof) providing protection against all perils customarily included within the effects "all risk" or "special form" classification of coinsurance. C. Any deductible causes of loss, and, at Landlord's option, flood, earthquake and additional costs resulting from debris removal and the enforcement of any ordinance or self-insured retention applicable to law regulating the property insurance shall not exceed $50,000 at reconstruction or replacement of any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent undamaged sections of the value Building required to be demolished or removed by reason of the Improvementsenforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. After In addition, Landlord shall obtain and keep in force, during the expiration term of NAI's right to exercise any Issue 97-10 Electionthis Lease, a policy of rental loss insurance commencing on the date of loss and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed continuing for a period of at least one (1) $500,000 for year, with proceeds payable to Landlord, which insurance may also cover all coverages other than earthquake coverageReal Property Taxes, insurance premiums, and other sums payable by Tenant to Landlord hereunder for said period. The insurance coverage may include sprinkler leakage insurance if the Building contains fire sprinklers. Tenant shall have no interest in or right to the proceeds of any such insurance carried by Landlord. (2b) for earthquake coverage onlyTenant shall, five percent at Tenant's sole expense, obtain and keep in force during the term of this Lease, a policy covering causes of loss-special form insuring the fixtures, machinery, equipment, alterations, personal property and leasehold improvements of Tenant which are not considered part of the aggregate amount of real estate for insurance purposes for the property insurance required to satisfy this Improvements Leasefull replacement value thereof, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests same may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right increase from time to time and at due to inflation or otherwise. The proceeds from any time of such policies shall be used for the repair or replacement of such items so insured to review and approve the extent that the same would become the property of Landlord upon the expiration or sooner termination of this Lease. Tenant may carry such insurance under a blanket policy, provided that such policy forms (including endorsements) provides coverage equivalent to a separate policy. Landlord shall be provided coverage under such insurance to the extent of its insurable interest and, if requested by Landlord, both Landlord and Tenant shall sign all documents reasonably necessary or proper in connection with the insurance company settlement of any claim or companies providing loss under such insurance. Without limiting the generality Landlord shall have no obligation to carry insurance on any of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Tenant's personal or other property.

Property Insurance. From Tenant covenants that it will keep the demised premises insured against damage by fire, extended coverage and after other perils, in an amount not less than 100% of the commencement replacement cost of any construction all of Improvements the buildings and improvements located on or about the Land or demised premises. Said insurance shall designate the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (Landlord as defined in the Common Provisions an additional insured and Definitions Agreement but excluding those Improvements to be demolished by NAI prior loss payee, as its interests may appear. The following shall apply to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times insurance provided by endorsement Tenant pursuant to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coveragesterms hereof: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The Tenant shall maintain property damage insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate all-risk form for the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the full replacement value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Electionpremises, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Leasebuildings, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLCimprovements and fixtures owned by Landlord, with BNPLC shown responsible insurance companies permitted to insure risks in Virginia, reasonably satisfactory to the Landlord, naming Landlord as an additional insured and loss payee, as its interests may appear, and providing for at least thirty (30) days' written notice to Landlord prior to amendment, modification, termination or cancellation thereof. With regard to Landlord's personal property that is leased by Landlord to Tenant hereunder, Tenant may self insure said personal property against loss or damage, provided that at the termination of this Lease, Tenant shall return said personal property or suitable replacements therefor in the same condition as when leased to Tenant, reasonable wear and tear excepted. E. The forms (2) During the course of any construction, reconstruction, addition, alteration or repair of the building or improvements located on the premises, Tenant shall maintain builder's risk insurance on a completed value form against "all risk of physical loss," naming Landlord as an additional insured (3) Certificates of insurance duly signed by the agent issuing the policies and endorsements thereto shall be delivered to the Landlord annually until the termination of this Lease. Each of the above-described certificates of insurance shall contain a provision stating that the policies cannot be materially amended, modified, cancelled or terminated without giving at least thirty (including endorsements30) used days' prior written notice to the Landlord. In the event Tenant receives notice that any such insurance will lapse, be terminated or otherwise become unavailable, then Tenant shall, prior to the date of such lapse, termination or unavailability, provide replacement policies in form and substance similar to that theretofore in place in the property same principal amount of such prior policy of insurance. Not less than thirty (30) days prior to the expiration of any insurance required by this Improvements Leasepolicy, Tenant shall deliver to Landlord satisfactory evidence of the renewal of such policies and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality payment of the foregoing, BNPLC premium therefor. The insurance coverage required herein may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and blanket policies, which insure the demised premises as well as other properties owned or leased by companies consistent with the following:Tenant (or its affiliates).

Property Insurance. From Landlord shall maintain in full force and after effect during the commencement Term of any construction this Lease all risk property insurance, written on a “special form – causes of Improvements on loss” policy (or about equivalent), covering the Land improvements and structures at the Premises, in an amount of not less than one hundred percent (100%) insurable replacement value with no coinsurance, with earthquake insurance covering up to fifty percent (50%) of the insurable replacement value of the improvements and structures at the Premises and a deductible no greater than the lesser of (x) $100,000, or the delivery of any materials in anticipation (y) three percent (3%) of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than insurable replacement value (exclusive the costs of land, foundation, footings, excavations and gradingany higher limit or lower deductible amount for such earthquake insurance shall be at Landlord’s sole cost) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property if Landlord or its lender deems such insurance to be maintained from time to timenecessary or desirable, but NAI must maintain such coverage on in each case (A) containing an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that amount endorsement and replacement cost endorsement with respect to earthquake coverage the all improvements; (B) providing for no deductible in excess of $25,000; and (C) containing Demolition Costs, Increased Cost of Construction and “Ordinance or Law Coverage” or “Enforcement” endorsements in amounts satisfactory to Landlord’s lender. The insurable replacement value may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right redetermined from time to time by an appraiser or contractor designated and at any time to review and approve such policy forms (including endorsements) and paid by Landlord or its lender or by an engineer or appraiser in the insurance company or companies providing such insurance. Without limiting the generality regular employ of the foregoinginsurer; provided that no failure by Landlord or its lender to request any such appraisals shall relieve Tenant of any of its obligations under this Article or the remainder of this Lease. Tenant shall reimburse Landlord for the premiums and other costs of such property insurance within thirty (30) days after receipt of invoice from the Landlord. Tenant shall maintain at its sole cost and expense in full force and effect during the Term of this Lease property insurance written on a “special form – causes of loss” policy, BNPLC may reasonably require covering all trade fixtures, equipment, furniture, inventory, and other personal property located at the Premises (and unless and until NAI is otherwise notified by BNPLCcollectively, BNPLC does require“Tenant’s Property”), in an amount of not less than one hundred percent (100%) that such insurance be provided under forms and by companies consistent insurable replacement value with the following:no coinsurance, in each case providing for no deductible in excess of $25,000.

Property Insurance. From (a) During the Term, Landlord shall procure and after maintain physical damage insurance covering the commencement Premises and all contents of any construction of Improvements on or about the Land or Premises through the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined policies purchased by Landlord through its participation in the Common Provisions State Fire & Tornado Insurance Fund of the Commonwealth of Kentucky (or any successor insurance program), in an amount equal to at least one hundred percent (100%) of the replacement cost of the Premises and Definitions Agreement but excluding those Improvements to all contents of the Premises. Such insurance shall contain broad form coverage as may be demolished by NAI prior to the commencement of construction contemplated customary for like properties in the Construction Management Agreementvicinity from time to time during the term of this Lease. Landlord expressly acknowledges and agrees that the replacement value must include all changes or additions necessary to meet then current building codes and applicable laws, including but not limited to Environmental Laws. In the event that, at any time, Landlord is no longer required or permitted to participate in State Fire & Tornado Insurance Fund, Landlord may procure and maintain comparable physical damage insurance coverage through an insurer meeting the requirements set forth in Section 18.07. (b) and equipment included in At the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakagerequest of Landlord, and including coverage against earthquake at the sole cost and all coverage perils normally included within the definitions expense of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any ImprovementsTenant, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may the Improvements shall be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained determined from time to time, but NAI must maintain not more frequently than once every five (5) years, by an insurance appraiser mutually acceptable to Landlord and Tenant. Tenant shall promptly notify Landlord in writing of such coverage on an agreed value basis to eliminate the effects of coinsurancedetermination. C. Any (c) Tenant hereby waives any right of recovery from Landlord, its officers, and employees (collectively, the “Landlord Parties”) and releases and discharges Landlord Parties from all claims, damages, losses or demands whatsoever which Tenant may have or acquire arising out of damage to or destruction of the Premises or Tenant’s business caused by fire or other perils unless such loss or damage shall have been caused by the negligence or willful misconduct of the Landlord Parties. (d) Landlord shall have a waiver of subrogation clause endorsed to and made a part of its property insurance policy or policies. (e) The insurance policies required by this Sections 18.01 shall name Landlord as the insured and Tenant as an additional insured. (f) Tenant shall be responsible from dollar one for any deductible or amount for which coverage is not available under the insurance maintained by Landlord pursuant this Section 18.01 (including any self-insured retention applicable of either Landlord or the State Fire & Tornado Fund). Landlord shall be permitted to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, increase or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the decrease such deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time in its sole and absolute discretion; provided that Landlord shall provide Tenant at least thirty (30) days prior written notice of any time to review and approve such policy forms (including endorsements) and change in the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified deductible amount payable by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:Tenant.

Property Insurance. From (a) Landlord shall maintain fire and after extended coverage insurance on the commencement Building and the Premises in such amounts as Landlord elects. The cost of any construction such insurance shall be included as a part of Improvements on or about the Land Basic Costs, and payments for losses thereunder shall be made solely to Landlord or the delivery mortgagees of any materials Landlord as their interests shall appear. (b) Tenant shall maintain at its expense, in anticipation an amount equal to full replacement cost, fire and extended coverage insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, located in the Premises and in such additional amounts as are required to meet Tenant's obligations pursuant to Paragraph 19 hereof. Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such construction: A. NAI must maintain property insurance in "special form" insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (including theft30) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI days prior to the commencement modification, cancellation or expiration of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, floodsuch insurance policies. In addition, boiler and machinery coverage must be maintained the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at all times by endorsement least thirty (30) days prior to the property expiration date of each expiring policy, Landlord may obtain such insurance policy or by separate policyas Landlord may reasonably require to protect Landlord's interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant's default hereunder). AlsoThe cost to Landlord of obtaining such policies, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (plus an administrative fee in the amount of no less than $1,500,000fifteen percent (15%) and other soft costs of the cost of such policies shall be paid by Tenant to Landlord as reasonably determined by NAI, subject to BNPLC's approvaladditional rent upon demand. B. The property insurance required (c) Landlord and Tenant each hereby must provide coverage in waives on behalf of itself and its insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise) any and all rights of recovery, claim, action, or cause of action, against the amount no less than replacement value (exclusive of landother, foundationits agents, footingsofficers or employees, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which any loss or damage that may be necessary to comply with building laws. Subject occur to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 ElectionPremises, or shall have previously exercised an Issue 97-10 Election; providedany improvements thereto or the Building of which the Premises are a part, that with respect to earthquake coverage or any improvements thereto, or any personal property of such party therein, by reason of fire, the deductible may be as high as five percent elements, or any other cause(s) which are, or could be, insured against under the terms of the value standard fire and extended coverage insurance policies referred to in this Paragraph 15, regardless of whether such insurance is actually maintained and regardless of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible cause or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent origin of the aggregate amount damage involved, EXHIBIT 10.6 including sole, joint or concurrent, negligence of the property insurance required to satisfy this Improvements Leaseother party hereto, calculated as described in the preceding paragraphits agents, officers, or employees. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From As of the date of its origination and, to the best of the Seller's knowledge, as of the Closing Date, all insurance required under each related Mortgage (except where a tenant under a lease is permitted to self-insure) was in full force and after effect with respect to each related Mortgaged Property; such insurance included (A) fire and extended perils insurance, in an amount (subject to a customary deductible) at least equal to the commencement lesser of any construction (i) 100% of Improvements the full insurable replacement cost of the improvements located on or about such Mortgaged Property and (ii) the Land initial principal balance of such Mortgage Loan, or the delivery portion thereof allocable to such Mortgaged Property, (B) business interruption or rental loss insurance for a period of any materials in anticipation of such construction: A. NAI must maintain property not less than 12 months, (C) comprehensive general liability insurance in "special form" an amount not less than $1 million per occurrence, (including theftD) or against "all risks," providing the broadest available coverage for all Improvements workers' compensation insurance (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler related Mortgagor has employees and machinery coverage must be maintained at all times if required by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsementapplicable law), and (without limiting the other requirements of this ExhibitE) builder's completed value risk insurance must provide the following coverages: if (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays such Mortgage Loan is secured by a Mortgaged Property located in the completion State of construction; (13) loss of rental income; (14) legal/professional fees (California in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, "seismic zone" 3 or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, 4 and (2) for earthquake coverage only, five percent a seismic assessment revealed a maximum probable or bounded loss in excess of 20% of the aggregate amount of the property estimated replacement cost of the improvements on such Mortgaged Property, earthquake insurance; it is an event of default under such Mortgage Loan if the above-described insurance coverage is not maintained by the related Mortgagor, and any reasonable out-of-pocket costs and expenses incurred by the mortgagee in connection with such default in obtaining such insurance coverage are recoverable from the related Mortgagor; the related Mortgage Loan documents require that the related insurance policies provide that they may not be terminated without at least 10 days' prior notice to the mortgagee and, to the Seller's actual knowledge, it has not received any such notice; the related insurance certificates (other than those limited to liability protection) name the mortgagee and its successors as mortgagee or loss payee; to the Seller's actual knowledge, all premiums under any such insurance policy have been paid through the related Due Date in June 2002; all such insurance policies are required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property be maintained with insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company companies having "financial strength" or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:"claims paying

Property Insurance. From Effective on and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must Construction Completion Date, Tenant shall maintain property insurance in "special form" covering the Improvements and Personal Property insuring against (including thefta) or against "all risks," providing , including fire, other risks and losses caused by explosion of boilers and other pressurized equipment, insured under the broadest available coverage for all Improvements then Customary form of policy (as defined of the Commencement Date, the required form of policy shall be Causes of Loss -- Special Form) and shall cover increases in costs incurred by reason of changes in ordinances or laws, and (b) loss of rents in an amount at least equal to gross receipts from all sources of income from the Common Provisions Premises, as reasonably estimated, for a period of at least 24 months (but in no event in an amount less than Base Rent and Definitions Agreement but excluding those Improvements to be demolished by NAI all regularly recurring Additional Rent payments for a period of at least 24 months, as reasonably estimated) notwithstanding that the policy may expire prior to the commencement end of construction contemplated such period, and which coverage shall contain an extended period of indemnity endorsement which provides that after the physical loss to the Improvements and Personal Property has been repaired or restored, the continued loss of income will be insured until such income either returns to the same level it was at prior to the loss or the expiration of 12 months from the date that the Improvements are repaired or replaced and operations are resumed, whichever first occurs, notwithstanding that the policy may expire prior to the end of such period; and (c) losses due to disruption of utility services originating away from the Improvements (the “Property Damage Policy”). With respect to losses to property, such policy shall be in an amount equal to 100% of the Construction Management AgreementFull Replacement Cost (hereinafter defined) of the Improvements and equipment included in the Personal Property, on a blanket basis if multiple buildings are involvedbut such coverage shall be, with no exclusions for vandalismin any event, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within at least sufficient to avoid the definitions effect of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to co‑insurance provisions of the property insurance applicable policy or by separate policypolicies. AlsoThe term “Full Replacement Cost” shall mean the actual replacement cost of the Improvements and Personal Property, during any period including the cost of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, demolition and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; and without deduction for depreciation and excluding the cost of excavation, foundations and footings. Such policy shall not exclude losses causes by flood, mold, fungus or acts of terrorism (10) preservation of property; including bioterrorism). With respect to losses covered by the insurance described in clause (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in b), the amount of no less than $1,500,000) and other soft costs the rental loss or business income insurance, as reasonably applicable, shall be determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent initially upon Substantial Completion of the value Improvements and at least once each year thereafter based on Xxxxxx’s reasonable estimate of the Improvements. After gross income from the expiration Premises for the succeeding period of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From and after the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must (a) Landlord shall maintain property all risk insurance in "special form" an amount equal to ninety percent (including theft90%) or against "all risks," providing of the broadest available coverage for all full replacement cost of the Building on the Building (excluding the foundation) and the Tenant Improvements (as defined in on Exhibit "D"). The cost of such insurance (including the Common Provisions costs of any ----------- deductibles paid which shall not exceed $5,000.00 per occurrence) shall be included as a part of the Basic Costs, and Definitions Agreement but excluding those Improvements payments for losses thereunder shall be made solely to be demolished by NAI Landlord or the mortgagees of Landlord as their interests shall appear. Landlord shall furnish evidence satisfactory to Tenant of the maintenance and timely renewal of such insurance, and Landlord shall obtain and deliver to Tenant a written obligation on the part of each insurer to notify Tenant at least thirty (30) days prior to the commencement modification, cancellation or expiration of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, floodsuch insurance policies. In addition, boiler and machinery coverage must be maintained the event Landlord shall not have delivered to Tenant a policy or certificate evidencing such insurance at all times by endorsement least thirty (30) days prior to the property insurance policy or by separate expiration date of each expiring policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, provided Tenant shall have given Landlord written notice and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; least ten (10) preservation days to cure, Tenant may obtain such insurance as Tenant may reasonably require to protect Tenant's interest (which obtaining of property;insurance shall not be deemed to be a waiver of Landlord's default hereunder). The cost to Tenant of obtaining such policies shall be paid by Landlord to Tenant within ten (10) days after receipt of written demand, failing which Tenant may offset such expenses against the rent next falling due for payment. Any co-insurance payment (or deductible in excess of $5,000.00 per occurrence) due under any policy of insurance required to be obtained by Landlord hereunder shall be the responsibility of Landlord and shall not be a part of Basic Costs. (11b) fire department service charge; (12) additional interest Tenant shall maintain at its expense, in an amount equal to full replacement cost, All Risk insurance on construction loan due to delays all of its personal property, including removable trade fixtures, located in the completion Building and in such additional amounts as are required to meet Tenant's obligations pursuant to Paragraph 20 hereof. Such insurance policy shall provide that such ------------ policies are "primary" to any similar coverage carried by Landlord. Tenant shall furnish evidence satisfactory to Landlord of construction; the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (1330) loss days prior to the modification, cancellation or expiration of rental income; such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (1430) legal/professional fees days prior to the expiration date of each expiring policy, and provided Landlord shall have given Tenant written notice and at least ten (10) days to cure, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord's interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant's default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of no less than $1,500,000fifteen percent (15%) and other soft costs of the cost of such policies shall be paid by Tenant to Landlord as reasonably determined by NAI, subject to BNPLC's approvaladditional rent upon demand. B. The property insurance required (c) Landlord and Tenant each hereby must provide coverage in waives on behalf of itself and its insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise) any and all rights of recovery, claim, action, or cause of action, against the amount no less than replacement value (exclusive of landother, foundationits agents, footingsofficers or employees, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which any loss or damage that may be necessary to comply with building laws. Subject occur to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 ElectionPremises, or shall have previously exercised an Issue 97-10 Election; providedany improvements thereto or the Building of which the Premises are a part, that with respect or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause(s) which are, or are obligated to earthquake coverage be, insured against under the deductible may be as high as five percent terms of the value All Risk insurance policies referred to in this Paragraph 15, regardless of ------------ whether such insurance is actually maintained and regardless of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible cause or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent origin of the aggregate amount damage involved, including sole, joint or concurrent, negligence of the property insurance required to satisfy this Improvements Leaseother party hereto, calculated as described in the preceding paragraphits agents, officers, or employees. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Lessee shall, at Lessee's expense, procure and after maintain at all times during the commencement term of this Lease, a policy or policies of insurance covering loss or damage to any construction Leased Premises in an amount not less than ninety-five percent (95%) of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakageestimated replacement value thereof, and including coverage providing protection against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief andmischief, if the Property is in a flood zonesprinkler leakage, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and special extended peril (without limiting all risk). Lessee shall pay the other requirements entire amount of this Exhibitsuch annual insurance premiums and shall deliver to Lessor certificates of insurance evidencing such insurance with loss payable clauses satisfactory to Lessor, provided that in the event Lessee fails to provide and maintain such insurance, Lessor may (but shall not be required to) builderprocure same at Lessee's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; expense after ten (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, days' prior written notice. No such policy shall be cancelable or subject to BNPLC's approval. B. The property reduction of coverage or other modification except after sixty (60) days' prior written notice to Lessor by the insurer. All such policies shall be written as primary policies, not contributing with and not in excess of coverages which the Lessor may carry. Lessee shall furnish Lessor with renewals or binders or Lessor may order such insurance required hereby must provide coverage in and charge the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval Lessee, which amounts shall be payable by Lessee on demand. Such insurance shall provide for payment of BNPLC, NAI will losses thereunder to Lessor or the holder of a first mortgage or deed of trust on any of the Leased Premises. Any loss proceeds shall be responsible made available for determining the amount purposes of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate replacing or rebuilding the effects of coinsurance. C. Any deductible or self-insured retention applicable pertinent Leased Premises to the property insurance shall not exceed $50,000 at condition existing immediately prior to such damage, if any time when NAI shall continue such construction activities are permissible under applicable laws and regulations then pertaining to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electiondamaged Leased Premises; provided, however, that with respect to earthquake coverage the deductible may be for so long as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAILessor's interest in the ImprovementsLeased Premises is encumbered either by mortgage or trust deed and/or by assignment of this Lease to or for the benefit of Lender, but also such proceeds shall be held by Lender or its designee to be used in the interest of BNPLC, with BNPLC shown as an insured as its interests may appearmanner herein provided. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) The Tenant shall, at its sole cost and after expense keep and maintain in force Comprehensive All Risk Property Insurance on the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) improvements and equipment included in situated at the PropertyPremises and the Easement Tracts, on a blanket basis if multiple buildings are involvedincluding coverage against loss or damage by fire, with no exclusions for vandalismcollapse, lightning, water damage, windstorm, tornado, hail, flood, vandalism and malicious mischief, sprinkler breakage, earthquake, subsidence, debris removal, demolition and against loss of damage by such other, further and additional risks as now are or sprinkler leakagehereafter may be embraced by the standard all risk coverage forms of endorsements, in each case: (a) in an amount equal to the greater of (i) 100% of their "Full Insurable Value," which for purposes of this Lease shall mean actual replacement value or (ii) an amount at least equal the Principal Portion of Basic Rent then remaining unpaid; (b) containing an agreed amount endorsement with respect to the improvements and including coverage against earthquake equipment waiving all co-insurance provisions; (c) containing an endorsement that all covered losses will be paid on a replacement costs basis; and providing that the Tenant shall be responsible to the Landlord or the Trustee for any and all coverage perils normally included within deductibles as though there were no deductible. (b) The Full Insurable Value shall be ascertained upon the definitions full completion of extended coveragethe improvements and from time to time (but not more frequently than once in any 48 calendar months) at the request of the Landlord or the Trustee by an appraiser, vandalismarchitect, malicious mischief andengineer or contractor designated and paid by the Tenant and approved by the Landlord, if the Property is in a flood zonewhich approval shall not be unreasonably withheld, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policyan engineer or appraiser in the regular employ of the insurer. AlsoAfter the first such appraisal, during additional appraisals may be based on construction cost indices customarily employed in the trade. No omission on the part of the Landlord or the Trustee to request any period such ascertainment shall relieve the Tenant of significant construction on any Improvementsof its obligations under this Article. (c) Any insurance required to be provided by the Tenant under this Section 906 may be provided by blanket insurance covering both the Premises and other properties or locations of the Tenant, the property provided that (i) such blanket insurance must include builder's completed value risk insurance for such Improvements, complies with no protective safeguard endorsement, and (without limiting all of the other requirements of this ExhibitLease, (ii) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit amounts payable to the worksite for installation; (3) loss of use Landlord and the Trustee under such blanket insurance, whether or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during constructionnot the Tenant, resulting from faultas an additional insured, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary otherwise entitled to comply with building laws. Subject to any proceeds of the approval of BNPLC, NAI will be responsible for determining policy and (iii) the amount of property insurance protection to be maintained from time to time, but NAI must maintain provided hereunder for the Landlord and the Trustee is not impaired or diminished by such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible blanket insurance or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent inclusion of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown Tenant as an insured as its interests may appearthereunder. E. (d) The forms of Tenant shall also, at its sole cost and expense, keep boiler and machinery insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent on an extended comprehensive basis with the following:a joint agreement if there are two separate policies.

Property Insurance. From and after Throughout the commencement of any construction of Improvements on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for Term Chiron will keep all Improvements (as defined in the Common Provisions including all alterations, additions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior changes made to the commencement of construction contemplated in Improvements) which are located within the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all Property insured under an "all-risk" property insurance policy (not excluding from coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than 100% of the replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the reasonable approval of BNPLC, NAI Chiron will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI Chiron must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. . Such insurance must be issued by an insurance company or companies reasonably acceptable to BNPLC, and so long as the Guaranty specifies a Demand Deadline, then after the Demand Deadline BNPLC may reasonably require that the insurance or reinsurance companies providing such insurance be rated by the A.M. Best Company of Oldwick, New Jersey as having (1) a policyholder's rating of A- or better, (2) a reported financial information rating of no less than VI, and (3) in the case of each such company, a reported financial information rating which indicates an adjusted policyholders' surplus equal to or greater than the underwriting exposure that such company has under the insurance or reinsurance it is providing for the Property. Any deductible or self-insured retention applicable to the property such insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements20,000,000. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property Such insurance shall cover not only the value of NAIChiron's interest in the Improvements, but also the interest of BNPLC, and such insurance shall include provisions that BNPLC must be notified at least thirty days prior to any cancellation or reduction of insurance coverage. The policies under which Chiron maintains such insurance may be "blanket" policies covering not only the Property but other properties occupied or owned by Chiron; however, all policies must provide that proceeds paid thereunder with respect to the Property will be payable to BNPLC shown and Chiron as an insured as its their interests may appear, it being understood between BNPLC and Chiron that such proceeds shall be paid to BNPLC as Escrowed Proceeds and will be applied in accordance with Paragraph 11 of this Lease. In the event any of the Property is destroyed or damaged by fire, explosion, windstorm, hail or by any other casualty against which insurance shall have been required hereunder, (i) BNPLC may, but shall not be obligated to, make proof of loss if not made promptly by Chiron after notice from BNPLC, (ii) each insurance company concerned is hereby authorized and directed to make payment for such loss directly to BNPLC for application as required by Paragraph 11, and (iii) BNPLC may settle, adjust or compromise any and all claims for loss, damage or destruction under any policy or policies of insurance (provided, that so long as no Event of Default shall have occurred and be continuing, BNPLC must obtain Chiron's consent to any such settlement, which consent will not be unreasonably withheld). If any casualty shall result in damage to or loss or destruction of the Property, Chiron shall give immediate notice thereof to BNPLC and Paragraph 11 shall apply. E. The forms of insurance policies (including endorsementsg. Paragraph 13(a)(iv) used to provide the property insurance required by this Improvements Lease, is amended and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the followingrestated as follows:

Property Insurance. From Landlord shall purchase and after keep in force, and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord (or Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (of the commencement deductibles on insurance claims and the cost of, policy or policies of any construction of Improvements on insurance covering loss or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior damage to the commencement of construction contemplated in the Construction Management Agreement) Premises and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property which Tenant is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (responsible under Paragraph 11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) the full replacement value thereof, providing protection against those perils included within the classification of “all risks” “special form” insurance and other soft costs as reasonably determined by NAIflood and/or earthquake insurance, subject to BNPLC's approval. B. The property if available, plus a policy of rental income insurance required hereby must provide coverage in the amount no less than replacement value of one hundred (exclusive 100%) percent of landtwelve (12) months Basic Rent, foundationplus sums paid as Additional Rent and any deductibles related thereto; provided however, footingsthat during the last twenty-four months of the Lease Term, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will Tenant shall only be responsible for determining paying fifty percent (50%) of Tenant’s Proportionate Share of any earthquake deductibles. If such insurance cost is increased due to Tenant’s use of the amount Premises or the Complex, Tenant agrees to pay to Landlord, in addition to its Proportionate Share of the deductibles, the full cost of such increase within five (5) days of receipt of the related invoice. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for the Complex. In addition and notwithstanding anything to the contrary in this Paragraph 17, each party to this Lease hereby waives all rights of recovery against the other party or its officer, employees, agents and representatives for loss or damage to its property insurance or the property of others under its control, arising from any cause insured against under the fire and extended “special form” property coverage (excluding, however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate by the effects terms of coinsurance. C. Any deductible or self-insured retention applicable this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Each party required to carry property insurance hereunder shall not exceed $50,000 at any time when NAI shall continue cause the policy evidencing such insurance to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Electioninclude a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, however, that with respect if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to earthquake coverage such waiver is obtained. If such waiver is so prohibited, the deductible may be as high as five percent insured party affected shall promptly notify the other party thereof. In the event the waivers are issued to the parties and are not valid under current policies and/or subsequent insurance policies, the non-complying party will provide, to the other party, thirty (30) days’ advance notification of the value cancellation of the Improvementssubrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. After Notwithstanding anything to the expiration contrary herein, the foregoing waiver of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount subrogation shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent include any loss resulting from Hazardous Material contamination of the aggregate amount of the property Property or any insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphcoverage relating thereto. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Borrower shall maintain either "All Risk" or "Special Form" real and after personal property insurance and "Boiler and Machinery Insurance", insuring one hundred percent (100%) of the commencement insurable replacement cost value of the Improvements and the Equipment, and with a deductible not to exceed (i) Two Hundred Fifty Thousand Dollars ($250,000) with the exception for Earthquake, Named Windstorm and Flood, providing no coinsurance or similar penalty and (ii) five percent (5%) of the insured value of the Mortgaged Property for Flood, providing no coinsurance or similar penalty. Such deductibles are personal to the Borrower named on the Cover Sheet on this Agreement, and shall not apply to any other successor, assignee or transferee of Borrower, and shall be null and void upon any transfer of title to the Mortgaged Property or any portion thereof. Lender reserves the right upon any transfer of title to the Mortgaged Property or any portion thereof in accordance with this Agreement to review and agree to a deductible at the time of any construction of Improvements such transfer. Such insurance shall also cover "Rent Loss" or "Business Interruption" and "Extra Expense" on or about the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in an "special formActual Loss Sustained Basis" (including theftRent Loss), in an amount equal to at least twelve (12) or against "all risks," providing months of the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Property, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakageProperty Income, and including coverage against earthquake an extended period of indemnity of at least one hundred eighty (180) days. Covered perils shall include, but not be limited to, "Wind", "Boiler and all coverage perils normally included within Machinery Insurance" and "Acts of Terrorism". Borrower shall also maintain "Ordinance and Law" coverage. If the definitions Improvements are non-conforming and such non-conformity is not covered under the "Ordinance & Law" provisions, Borrower may be required by Lender to purchase a separate policy covering such non-conformity for the benefit of extended coverageLender. Lender may from time to time also require that Borrower maintain insurance acceptable to Lender for "Builder's Risk" during the period of any construction, vandalism, malicious mischief and, if renovation or alteration of the Improvements. If the Mortgaged Property is in located within a flood zoneSpecial Flood Hazard Area, floodNational Flood Insurance Program ("NFIP") insurance is required. In addition, boiler the property policy must provide and machinery coverage maintain a Flood Limit in excess of NFIP that is acceptable to Lender. All insurance coverages, limits and deductibles must be maintained at all times by endorsement satisfactory to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies Lender in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approvalits reasonable discretion. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained from time to time, but NAI must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. C. Any deductible or self-insured retention applicable to the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Election, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraph. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From (a) Lessee shall obtain and after keep in force during the commencement term of any construction this Lease policy or policies of Improvements on insurance covering loss or about damage to the Land or the delivery of any materials in anticipation of such construction: A. NAI must maintain property insurance in "special form" (including theft) or against "all risks," providing the broadest available coverage for all Improvements (as defined Premises, in the Common Provisions and Definitions Agreement amount of the full replacement value thereof including all improvements, as the same may exist from time to time, but excluding those Improvements in no event less than the total amount required by Lessor from time to be demolished by NAI prior to the commencement of construction contemplated in the Construction Management Agreement) and equipment included in the Propertytime, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions classification of fire, extended coverage, vandalism, malicious mischief and, if the Property is in a flood zonemischief, flood, earthquake, and special extended perils ("tall risk" as such term is used in the insurance industry). In addition, boiler and machinery coverage must A stipulated value or agreed amount endorsement deleting the coinsurance provision shall be maintained at all times by endorsement to the property procured with said insurance. Said insurance policy or policies must be approved by separate the Lessor, whose approval will not be unreasonably withheld. Said insurance shall name Lessor as a named insured and provide for payment of loss thereunder to Lessor or to the holders of mortgages or deeds of trust on the Premises as their interests may appear. The Lessee shall, in addition, obtain and keep in force during the term of this Lease a policy of business interruption insurance covering a period of one year, with loss payable to Lessee, which insurance shall also cover all rental payments, real estate taxes and insurance costs for said period. An automatic increase in insurance endorsement causing the increase in annual property insurance coverage by two percent (2%) per quarter will be required only if Lessee no longer maintains a replacement cost insurance policy. AlsoIf the Lessee shall fail to procure and maintain said insurance the Lessor may, during any period but shall not be required to, procure and maintain the same, but at the expense of significant construction on any ImprovementsLessee. If such insurance coverage has a deductible clause, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, deductible amount shall not exceed $250,000.00 per occurrence or some other limit as is mutually agreed upon between Lessor and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will be responsible for determining the amount of property insurance to be maintained Lessee from time to time, but NAI must maintain and Lessee shall be liable for such coverage on an agreed value basis to eliminate the effects of coinsurancedeductible amount. C. Any deductible (b) If the Premises are a part of a larger building, or self-insured retention applicable if the Premises are part of a group of buildings owned by Lessor which are adjacent to the Premises, then Lessee shall pay for any increase in the property insurance shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Electionof such other building or buildings if said increase is caused by Lessee's acts, omissions, use or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage the deductible may be as high as five percent occupancy of the value of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphPremises. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following:

Property Insurance. From Responsibility for insurance is defined as follows: Type Insuring Party Payment Responsibility/Method ---- -------------- ----------------------------- Building & Improvements Lessor Paid by Lessor, Pass through expense to Lessee Alterations & Utility Lessee Paid by Lessee Installations Rental Value Lessor Paid by Lessor, Pass through expense to Lessee Adjacent Premises Lessor Paid by Lessor, Pass through expense to Lessee Lessee Improvements Lessee Paid by Lessee EXHIBIT A SITE/FLOOR PLAN EXHIBIT "B" ATTACHED TO AND MADE A PART OF OFFICE LEASE RULES AND REGULATIONS OF THE BUILDING 1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors or halls shall not be obstructed or used for any purpose other than ingress and after egress. The halls, passages, entrances, elevators, stairways, balconies and roof are not for the commencement use of the general public, and Lessor shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of Lessor, shall be prejudicial to the safety, character, reputation or interests of the Building and its Lessees, provided that nothing herein contained shall be construed to prevent such access by persons with whom Lessee normally deal in the ordinary course of their business, unless such persons are engaged in illegal activities. No Lessee and no employees of any construction Lessee shall go upon the roof of Improvements on the Building without taking responsible precautions as to not damage the roof or roof membrane. 2. No awnings or other projections shall be attached to the outside walls of the Building without the prior written consent of Lessor. No hanging planters, television shall be attached to or suspended from ceilings without the prior written consent of Lessor. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with, any exterior window or door, without the prior written consent of Lessor. Except as otherwise specifically approved by Lessor, all electrical ceiling fixtures hung in offices or spaces along the perimeter of the Building must be fluorescent, of a quality, type, design and bulb color approved by Lessor. 3. No sign, advertisement or notice shall be exhibited, painted or affixed by any Lessee as to be seen from the outside the Building without the prior written consent of Lessor. In the event of the violation of the foregoing by any Lessee, Lessor may remove same without any liability, and may charge the expense incurred in such removal to the Lessee violating this rule. 4. The wash room partitions, mirrors, wash basins and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, or other substances shall be thrown therein. All damage resulting from any misuse of the fixtures shall be borne by the Lessee who, or whose servants, employees, agents, visitors or licensees, shall have caused the same. 5. No Lessee shall mark, xxint, drill into, or in any way deface the exterior Building. No boring, cutting or stringing of wire or laying of linoleum or other similar floor coverings shall be permitted except with the prior written consent of Lessor and as Lessor may direct. 6. No vehicles or animals shall be brought into or kept in or about any Lessee's premises. No Lessee shall cause or permit any unusual or objectionable odors to escape from its premises. 7. No Lessee shall occupy or permit any portion of its premises to be occupied as an office for a public stenographer or typist, or for the Land manufacture or sale of liquor, narcotics, or tobacco in any form, or as a medical office, or as a barbxx xxxp, manicure shop or employment agency. No Lessee shall engage or pay any employees on its premises except those actually working for such Lessee on its premises, nor advertise for laborers giving an address at its premises. No Lessee's premises shall be used for lodging or sleeping or for any immoral or illegal purposes. 8. No Lessee shall make, or permit to be made, any unseemly or disturbing noises, sounds or vibrations, or disturb or interfere with occupants of this or neighboring buildings or premises or those having business with them, whether by the use of any musical instrument, radio, phonograph, unusual noise, or in any other way. 9. All materials and debris disposed of outside the Premises and Building shall be to the appropriate trash enclosure, dumpster or other location as required by applicable laws and regulations. 10. No Lessee shall at any time bring or keep upon its premises any inflammable, combustible or explosive fluid, chemical or substance without properly maintaining each substance. No Lessee shall do or permit anything to be done in its premises, or bring or keep anything therein, which shall in any way increase the rate of fire insurance on the Building or on the property kept therein, or obstruct or interfere with the rights of other Lessees, or in any way injure or annoy them, or conflict with the regulations of the fire department or the delivery fire laws, or with any insurance policy upon the Building or any part thereof, or with any rules and ordinances established by the local health authority or other governmental authority. 11. Lessee shall provide a copy of the key for any locks or bolts of any materials in anticipation kind that are placed upon any of such construction: A. NAI must maintain property insurance in "special form" (including theft) the doors or against "windows by Lessee. Each Lessee must, upon the termination of its tenancy, restore to Lessor all risks," providing the broadest available coverage for all Improvements (as defined keys of stores, offices, and toilet rooms, whether furnished to or otherwise procured by Lessee, and in the Common Provisions and Definitions Agreement but excluding those Improvements to be demolished by NAI prior event of the loss of any keys so furnished, such Lessee shall pay to the commencement Lessor the cost of construction contemplated replacing the same or of changing the lock or locks opened by such lost key if Lessor shall deem it necessary to make such a change. 12. Lessor reserves the right to prohibit or impose conditions upon the installation of heavy objects which might overload the Building floors. 13. Lessor shall have the right to prohibit any advertising by any Lessee which, in Lessor's opinion, tends to impair the reputation of the Building or its desirability as an office building. Upon written notice from Lessor, any Lessee shall refrain from or discontinue such advertising. 14. Any persons employed by any Lessee to do janitorial work, shall, while in the Construction Management Agreement) Building and equipment included in outside of the PropertyLessee's premises, on a blanket basis if multiple buildings are involved, with no exclusions for vandalism, malicious mischief, or sprinkler leakage, and including coverage against earthquake and all coverage perils normally included within the definitions of extended coverage, vandalism, malicious mischief and, if the Property is in a flood zone, flood. In addition, boiler and machinery coverage must be maintained at all times by endorsement to the property insurance policy or by separate policy. Also, during any period of significant construction on any Improvements, the property insurance must include builder's completed value risk insurance for such Improvements, with no protective safeguard endorsement, and (without limiting the other requirements of this Exhibit) builder's completed value risk insurance must provide the following coverages: (1) materials and supplies at other locations awaiting installation; (2) materials and supplies in transit to the worksite for installation; (3) loss of use or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, resulting from fault, defect, error or omission in design, plan, specification or workmanship; (7) construction ordinance or law; (8) mechanical or electrical breakdown; (9) debris removal additional limit; (10) preservation of property; (11) fire department service charge; (12) additional interest on construction loan due to delays in the completion of construction; (13) loss of rental income; (14) legal/professional fees (in the amount of no less than $1,500,000) and other soft costs as reasonably determined by NAI, subject to BNPLC's approval. B. The property insurance required hereby must provide coverage in and under the amount no less than replacement value (exclusive control and direction of land, foundation, footings, excavations Lessee and grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be necessary to comply with building laws. Subject to the approval of BNPLC, NAI will Lessee shall be responsible for determining all acts of such persons). 15. All doors opening into public corridors or lobbies shall be kept closed, if required by local fire codes and regulations. 16. Canvassing, soliciting and peddling in the amount Building, unless approved by Lessor, are prohibited and each Lessee shall cooperate to prevent the same. 17. No air conditioning unit or other similar apparatus shall be installed by Lessee without the written consent of property insurance Lessor. 18. All parking areas, pedestrian walkways, plazas and other public areas forming a part of the Building shall be under the sole and absolute control of Lessor with the exclusive right to regulate and control these areas. Lessee agrees to conform to the rules and regulations that may be maintained established by Lessor for these areas from time to time. The Parking Rules and Regulations attached hereto as Exhibit "B-1" form a part hereof and are subject to change in accordance with Paragraph 30 hereof. Nothing contained in this rule #24 will allow Lessor to charge Lessee or any of Lessee's employees any parking fees nor allow Lessor to charge parking fees to any of Lessee's customers, but NAI must maintain such coverage on an agreed value basis to eliminate vendors, associates, or anyone else who parks a vehicle in the effects parking lot for the purpose of coinsurancetransacting business with Lessee. C. Any deductible or self-insured retention applicable 19. Lessor shall have the right, only if required by a government agency to do so, exercisable without notice and without liability to Lessee, to change the property insurance name and street address of the Building of which the Premises are a part. 20. Lessor shall not exceed $50,000 at any time when NAI shall continue to have the right to exercise any Issue 97-10 Electioncontrol and operate the the public facilities, or shall have previously exercised an Issue 97-10 Election; provided, that with respect to earthquake coverage as well as facilities furnished for the deductible may be as high as five percent common use of the value Lessees, in such manner as it deems best for the benefit of the Improvements. After the expiration of NAI's right to exercise any Issue 97-10 Election, and provided no Issue 97-10 Election has been exercised by NAI, NAI may increase any deductible or self-insured retention applicable to such insurance, provided the increased amount shall not exceed (1) $500,000 for all coverages other than earthquake coverage, and (2) for earthquake coverage only, five percent of the aggregate amount of the property insurance required to satisfy this Improvements Lease, calculated as described in the preceding paragraphLessees generally. D. The property insurance shall cover not only the value of NAI's interest in the Improvements, but also the interest of BNPLC, with BNPLC shown as an insured as its interests may appear. E. The forms of insurance policies (including endorsements) used to provide the property insurance required by this Improvements Lease, and the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time and at any time to review and approve such policy forms (including endorsements) and the insurance company or companies providing such insurance. Without limiting the generality of the foregoing, BNPLC may reasonably require (and unless and until NAI is otherwise notified by BNPLC, BNPLC does require) that such insurance be provided under forms and by companies consistent with the following: