Common use of Property Insurance Clause in Contracts

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.

Property Insurance. At 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 times, Lessor shall maintain or cause risks," providing the broadest available coverage for all Improvements (as defined in the Common Provisions and Definitions Agreement but excluding those Improvements to be maintained demolished by NAI prior to the insurance below described 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 the benefit of Lessor vandalism, malicious mischief, or sprinkler leakage, and Lessee, including coverage against the following risks: (a) Loss or damage from earthquake and all coverage perils normally included within the classification definitions of fire, extended coverage, vandalism, malicious mischiefmischief 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 such (without limiting the other risks as may be embraced within requirements of this Exhibit) builder's completed value risk insurance must provide the form 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 extended coverage insuranceuse or consequential loss; (4) pollutant cleanup and removal; (5) freezing; (6) collapse during construction, with "comprehensive special" form including endorsementresulting from fault, sprinkler leakagedefect, insuringerror or omission in design, at all timesplan, 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 full replacement cost completion of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that 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 shall at all times be in the amount no less than replacement value (exclusive of land, foundation, footings, excavations and grading) with endorsements for the actual full replacement 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 buildings and other improvements on approval of BNPLC, NAI will be responsible for determining 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above property insurance to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor 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 less 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 full replacement cost aggregate amount of any buildings 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 improvements the insurance company or companies providing the property insurance, must be acceptable to BNPLC. BNPLC shall have the right from time to time erected on the property; (c) Such other insurance and in such amounts as may from at any time to time 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 reasonably determined to be necessary provided under forms and by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.companies consistent with the following:

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall maintain pay to Landlord (or cause Landlord's agent if so directed by Landlord) Tenant's proportionate share (allocated to be maintained the Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from to the Premises (including all improvements within the Premises constructed by either Landlord or Tenant (provided Tenant has obtained Landlord's written approval for said improvements to the Premises) and Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 7) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire"all risks" insurance and flood and/or earthquake insurance, extended coverageif available, vandalismplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, malicious mischiefplus 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, Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have neither interest in nor any right to the proceeds of any insurance procured by Landlord for the Complex. In addition and such notwithstanding anything to the contrary in this Paragraph 12, each party to this Lease hereby waives all rights of recovery against the other risks as may be embraced within party or its officer, employees, agents and representatives for loss or damage to its property or the form property of others under its control, arising from any cause insured against under the fire and extended coverage insurance(excluding, with however, any loss resulting from Hazardous Material contamination of the Property) required to be maintained by the terms of 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 ("comprehensive special" form including waiver of subrogation endorsement") provided, sprinkler leakagehowever, 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. Lessor specifically agrees that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall contain an endorsement or appropriate provision which specifically states not take effect until consent to such waiver is obtained; provided, however, that if the amount insurance policy of coverage either releasing party prohibits such waiver, then this waiver shall at all times be for not take effect until consent to such waiver is obtained. If such waiver is so prohibited, the actual full replacement cost 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 buildings and other improvements on the replacement cost cancellation of the Propertysubrogation waiver, regardless in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. The foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the stated dollar amount of the policy. If Property or any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2relating thereto."

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall maintain pay to Landlord (or cause Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (allocated to be maintained the Premises by square footage or other equitable basis as calculated and reasonably determined by Landlord) of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to the Building (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 8) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” “special form” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuring, at all times, the full replacement plus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of any buildings and improvements from time to time erected on the Premises, including Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 14, each party to this Lease hereby waives all Lessee Improvementsrights of recovery against the other party or its officer, employees, agents and representatives for loss or damage to its property 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 by the terms of this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Lessor specifically agrees 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 contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 policynot take effect until consent to such waiver is obtained. If any of such waiver is so prohibited, the risks covered by insured party affected shall promptly notify the currently employed customary comprehensive general endorsement on fire other party thereof. In the event the waivers are issued to the parties and are not valid under current policies are hereafter excluded from such endorsementand/or subsequent insurance policies, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusettsnon-complying party will provide, then to the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss or damage by explosion of steam boilerother party, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days days’ advance notification of receipt the cancellation of invoicethe subrogation waiver, its pro-rata share in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. The foregoing waiver of all subrogation shall not include any loss resulting from Hazardous Material contamination of the Property or any insurance required by this Section 2coverage relating thereto.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.

Property Insurance. At all timesLandlord shall obtain and keep in force during the term of this Lease a policy or policies of insurance, Lessor shall maintain with deductibles at the sole discretion of Landlord, covering loss or cause damage to be maintained the Premises, the Building, and objects owned by Landlord and normally covered under a "Boiler and Machinery" policy (as such term is used in the insurance below described for industry), at least in the benefit amount of Lessor the full replacement cost thereof, and Lesseein no event less than the total amount required by Mortgagees, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, 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 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 the property insurance of the Building or such other risks as may be embraced building or buildings within the form Project if such increase is caused by Tenant's acts, omissions, use or occupancy of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuringthe Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense, (i) an "all times, risk" or "special causes of action" property policy in the amount of the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of any buildings Tenant, with Landlord insured as its interest may appear, and improvements from time to time erected on the Premises, including (ii) an "all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement risk" or appropriate provision which specifically states that the amount "special causes of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insuranceaction" includes insurance coverage by such separate policy of Policies; business interruption and/or loss of income insurance covering a period of two (b2) Loss or damage by explosion years, plus such additional period of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts if any, as may from time to time be reasonably determined will permit Tenant to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days in a position to have the same revenues as were in effect the day before a loss giving rise to a claim under such insurance occurs, with loss payable to Landlord to the extent of receipt of invoice, its proMonthly Rent and Additional Rent only. Tenant may self-rata share of all insurance required by this Section 2insure on Sections i and ii referenced above.

Property Insurance. At 1. All Risk Physical Damage Insurance including Machinery Breakdown to the LNG Terminal complex at replacement value including LNG product in storage. Any proceeds of such insurance shall be utilized to restore the LNG Terminal as promptly as possible after any casualty, unless Seller otherwise agrees. 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 timesof the insurance policies and coverages set forth above. With the exception of Workers' Compensation/Employer's Liability and Hull and Machinery insurance (if applicable), Lessor all insurance policies provided by Southern LNG and Buyer shall maintain 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 this Exhibit 22.1 are in full force and effect. In the event that Buyer violates the above provision and does not furnish (or cause to be maintained 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 material change in the insurance below described for the benefit policies shall become effective except upon expiration of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days written advance notice thereof to Seller. In addition, Seller shall not be responsible or liable for any deductibles, self-insured retentions, and/or premiums associated with the insurance required hereunder. The foregoing minimum insurance requirements are subject to change at the direction of receipt Seller. The certificate of invoiceinsurance should be mailed to the following address: Enron Corp., its proAffiliates and subsidiaries. P. O. Xxx 0000 Xxxxxxx, XX 00000-rata share 0000 Neither the providing of all 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 be held to waive any of the provisions of this Agreement with respect to the liability of Southern LNG, Buyer or otherwise. The providing of Dollar amounts of insurance required by to be obtained and maintained hereunder shall not in any manner limit Buyer’s liability under the indemnity provisions of this Section 2Agreement.

Property Insurance. At Tenant agrees at all timestimes during the continuance of this Lease, Lessor shall maintain or cause at its own cost and expense, to be maintained insure the insurance below described for the benefit of Lessor Building and Lesseeall improvements, betterments and equipment, against the following risks: (a) Loss or damage from all perils included within in the classification "Special Causes of fireLoss Form" with the elimination of any exclusions for water damage other than that caused by flood and which may, extended at Xxxxxx's option and subject to the immediately succeeding two (2) sentences, include earthquake and flood loss coverage. If Tenant elects to not include earthquake and/or flood loss coverage in the insurance maintained by Tenant on the Project, and if Landlord's lender requires such coverage, vandalismTenant shall, malicious mischiefat Tenant's cost and expense, purchase such earthquake and/or flood loss coverage, except that if the premium for such earthquake and flood loss coverage as mandated by Landlord's lender exceeds five (5) 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 (5) cents per $100 of value insured, unless Landlord reimburses Tenant for the amount the insurance premium is so increased above five (5) cents per $100 of value insured. Additionally, if Tenant elects not to carry earthquake and/or flood loss insurance with a deductible less than five percent (5%), and Landlord's lender requires such other risks as may coverage, Tenant will not be embraced within the form of extended coverage insurance, required to carry such earthquake and/or flood loss insurance with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be a deductible less than five percent (5%) unless Landlord reimburses Tenant for the actual full replacement cost additional premium which will arise by so reducing the deductible. Coverage shall be in the name of the buildings Xxxxxx, Landlord, and Xxxxxxxx's mortgagee(s), as their respective interests may appear. Tenant may maintain this coverage under a blanket policy insuring other improvements on operations of Tenant. Coverage shall be provided in an amount equal to 100% of the replacement cost of the PropertyBuilding and improvements and shall include an agreed amount endorsement. Tenant shall also provide coverage for loss of rental income (including the amounts payable by Tenant for Base Rent, regardless Taxes and insurance premiums and pursuant to SECTIONS 5.1 and 5.6 hereof) for a twenty-four (24) month period following the date of loss. Coverage for the stated dollar amount loss of the policyrental income may be included in Tenant's Loss of Income Insurance coverage. If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing All insurance shall be placed with insurers approved to do business in the State state where the Project is located and with insurers having a Best's rating of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes A-VI or better. All insurance coverage by such separate policy of Policies; (b) 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 such limits proceeds for losses with respect to any one accident as may reasonably the Project shall be determined by Lessor from time payable to time, but 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 amounts as may from time to time be reasonably determined Landlord's mortgagee if required to be necessary paid to such lienholder as 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 Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share Landlord and Tenant to maintain and disburse such funds to assure completion of all insurance restoration required hereunder or permitted by this Section 2SECTIONS 14.1 or 14.10 hereof, and otherwise as the interests of the parties appear.

Property Insurance. At all timesSublessor at its expense, Lessor subject to reimbursement as provided in Article VII, shall maintain obtain and keep in force during the Term, a policy or cause to be maintained the insurance below described for the benefit policies of Lessor and Lesseeinsurance, against the following risks: (a) Loss covering loss or damage from to the Premises and the Building, and objects owned by Sublessor at least in the amount of the full replacement cost thereof, and in no event less than the total amount required by Mortgagees and or the Master Lease. Such insurance shall cover against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and special extended perils ("all risk" or "special form causes of loss," as such other risks as may be embraced within terms are used in the form of extended coverage insuranceinsurance industry), with "comprehensive special" form including endorsement, sprinkler leakage, insuringincluding, at Sublessor's option, collapse, earthquake and flood and other perils as required by the Mortgagees or deemed necessary by Sublessor. In addition, Sublessor shall obtain coverage for perils normally covered under a "Boiler and 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 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 Sublessor's election to the Mortgagees. Sublessee shall pay for any increase in the property insurance of the Building if Sublessor provides reasonable evidence that such increase is caused by Sublessee's acts, omissions, or particular use or occupancy of the Premises (other 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) an "all times, risk" or "special causes of action" property policy in the amount of the full replacement cost covering Sublessee's Improvements, Sublessee's Special Systems, and any Alterations made by or at the request of any buildings Sublessee, with Sublessor insured as its interest may appear, and improvements from time to time erected on the Premises, including (ii) an "all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement risk" or appropriate provision which specifically states that the amount "Special Form - Cause of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insuranceLoss" includes insurance coverage by such separate policy of Policies; business interruption and/or loss of income insurance covering a period of one (b1) Loss or damage by explosion year, plus such additional period of steam boilertime, air conditioning equipmentif any, pressure vesselsas will permit Sublessee to be in a position to have the same revenues as were in effect the day before a loss giving rise to a claim under such insurance occurs; provided, miscellaneous similar apparatushowever, or similar apparatus, now or hereafter installed on the Premises in such limits with respect Sublessor shall not be entitled to any one accident as may reasonably be determined by Lessor from time to time, but not less proceeds therefrom other 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Rent.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Tenant shall at all times during the term hereof, and at its cost and expense, maintain in effect policies of insurance covering (i) all improvements in or damage from all perils to the Premises, providing protection against any item included within the classification of fire“All Risk,” including but not limited to insurance against sprinkler leakage, extended coverage, vandalism, vandalism and malicious mischief, such insurance to be in 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 (3) years thereafter, and such other risks insurance as may be embraced within the form required by Landlord’s lender, if any, (ii) all personal property of extended coverage insurance, with "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 Tenant located in or on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain but not limited to fixtures, furnishings, equipment, furniture, inventory and stock in trade, in an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual not less than their full replacement cost of value, providing protection against any peril included within the buildings classification “All Risk,” including but not limited to insurance against sprinkler leakage, vandalism and other improvements malicious mischief; and (iii) all plate glass 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;Premises. (b) Loss The proceeds of such insurance, so long as this lease remains in effect, shall be held in trust by the insurance carriers and used to repair or damage by explosion replace the parts of steam boilerthe Premises, air conditioning equipmentany improvements thereto and personal property so insured. Upon any termination of this lease pursuant to Sections 8.02 or 8.03, pressure vesselsLandlord may keep or apply the proceeds of the insurance required pursuant to clauses (i) and (iii) of Subsection 7.02(a) above, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on at its discretion; the Premises in such limits with respect to any one accident as may reasonably remaining proceeds shall be determined by Lessor from time to time, but not less than the full replacement cost property of any buildings and improvements from time to time erected on the property;Tenant. (c) Such other Tenant shall at its cost maintain business interruption insurance and in such amounts as may from time assuring that the rent payable hereunder will be paid to time be reasonably determined to be necessary by Lessor; Landlord for a period of not less than twelve (d12) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2months if the Premises are destroyed or rendered inaccessible.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained Tenant covenants that it will keep the insurance below described for the benefit of Lessor and Lessee, demised premises insured against the following risks: (a) Loss or damage from all perils included within the classification of by fire, extended coveragecoverage and other perils, vandalism, malicious mischief, and such other risks as may be embraced within in an amount not less than 100% of the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost of the buildings and other improvements located on the replacement cost of demised premises. Said insurance shall designate the PropertyLandlord as an additional insured and loss payee, regardless of as its interests may appear. The following shall apply to the stated dollar amount of insurance provided by Tenant pursuant to the policy. If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;terms hereof: (b1) Loss or Tenant shall maintain property damage by explosion of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed insurance on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than an all-risk form for the full replacement cost value of the premises, and all of the buildings, improvements and fixtures owned by Landlord, with 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. (2) During the course of any buildings and construction, reconstruction, addition, alteration or repair of the building or improvements from time to time erected located on the property;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 (c3) Such other 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 (30) 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 same principal amount of such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within prior policy of insurance. Not less than thirty (30) days prior to the expiration of receipt any insurance policy, Tenant shall deliver to Landlord satisfactory evidence of invoicethe renewal of such policies and the payment of the premium therefor. The insurance coverage required herein may be provided under blanket policies, which insure the demised premises as well as other properties owned or leased by Tenant (or its pro-rata share of all insurance required by this Section 2affiliates).

Property Insurance. At all timesLandlord shall obtain and keep in force during the Term of this Lease (as the same may be extended) a policy or policies of fire and extended coverage in the name of Landlord with the loss payable to the holders of any mortgages, Lessor shall maintain deeds of trust or cause to be maintained ground leases on the insurance below described for the benefit of Lessor and Lessee, against the following risks: premises (a"Lenders") Loss insuring loss or damage from all perils included within to the classification Premises and any Building and the Real Property. The amount of fire, extended coverage, vandalism, malicious mischief, and such other risks as may insurance shall be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, equal to the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to and/or any one accident Building and/or the Real Property (as the case may reasonably be determined by Lessor be), as the same shall exist from time to time, but 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 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 full replacement cost 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 be responsible for payment of any buildings and improvements from time to time erected deductible amount due on the property;any claim for an Insured Loss. (ci) Such other In the event of any insured damage or destruction to the Premises, the Real Property or any Building located thereon as a result of an earthquake, Landlord shall pay all amounts required by the deductible portion of the policy of insurance and in such amounts as may from time the amount paid by Landlord for the deductible portion of said policy shall then become an item of Operating Cost of the Premises pursuant to time Article 4 of this Lease. However, said amount shall be reasonably determined amortized (with interest at 10% per annum) over the shorter of: (A) the remaining Term of this Lease (including any option Periods for which an Option has been timely and properly exercised); or (B) ten (10) years. Provided further, if the amortization of said amount has commenced but Tenant later timely and properly exercises an Option to extend the Term of this Lease, the then unamortized portion of said amount shall, at the commencement of the Option Period be necessary by Lessor; amortized (dwith interest at 10% per annum) Lessee shall pay within thirty over the shorter of: (30D) days the remainder of receipt the Term of invoice, its pro-rata share of all insurance required by this Section 2Lease (including the Option Period just commenced); or (E) ten (10) years.

Property Insurance. At all timesInsurance to cover Supplier’s property at full replacement cost, Lessor shall maintain including business interruption and extra expense while in the care, custody and control of Yesway. Such insurance will contain a waiver of any right of subrogation the Supplier or cause 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 better and an AM Best Financial Size Category Rating of VII or better, and a complete copy must be provided to be maintained Yesway upon request. If at any time during the term of coverage, an insurer’s AM Best Financial Strength Rating is downgraded to below B, GPO will, at its sole cost and expense, procure new coverage meeting the 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 below described for the benefit of Lessor and Lessee, against the following risks: requirements above: (a) Loss or damage from all perils included within the classification upon Supplier’s execution and submission to Yesway of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form a fully-executed copy of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; this Agreement; (b) Loss or damage by explosion at any time upon request of steam boilerYesway, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but and (c) 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days prior to expiration of receipt any policy required above. Each Certificate of invoiceInsurance should be sent to: BW Gas & Convenience Holdings, its pro-rata share LLC, 0000 Xxxxx Xxxxxxx, Xxxx Xxxxx, Xxxxx 00000, Attn: Risk Management. 9.4 The certificates of all insurance must provide that the 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 by 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 Section 29, then Yesway may (a) suspend this Agreement until insurance is obtained; (b) terminate this Agreement immediately for cause; or (c) obtain forced placement insurance that meets the 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: (a) the extent to which GPO may be liable or held responsible for the payment of damages to any person, including Yesway, resulting from its operations, the Products, or activities; or (b) any duties or obligations GPO may have to indemnify and hold Yesway harmless pursuant to this Agreement.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall maintain pay to Landlord (or cause Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (allocated to be maintained the Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to and/or destruction of the Premises (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 10) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuring, at all times, the full replacement plus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of any buildings and improvements from time to time erected on the Premises, including Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, each party to this Lease hereby waives all Lessee Improvementsrights of recovery against the other party or its officer, employees, agents and representatives for loss or damage to its property or the property of 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 by the terms of this Lease Agreement to the extent full reimbursement of the loss/claim is received by the insured party. Lessor specifically agrees 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 contain an endorsement or appropriate provision which specifically states not take effect until consent to such waiver is obtained; provided, however, that if the amount insurance policy of coverage either releasing party prohibits such waiver, then this waiver shall at all times be for not take effect until consent to such waiver is obtained. If such waiver is so prohibited, the actual full replacement cost 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 buildings and other improvements on the replacement cost cancellation of the Propertysubrogation waiver, regardless in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. The foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the stated dollar amount of the policy. If Property or any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy relating thereto. Multi Tenant/Single Parcel Page 11 of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro23 Initial: BUILDING: West Bayshore PROPERTY: 40-rata share of all insurance required by this Section 2.0002 UNIT: 2 LEASE ID: 0002-OPTI01-01

Property Insurance. At 14.1 Tenant agrees at all timestimes during the Term to keep the Building and improvements on the Premises and all property used at or in conjunction with the Premises insured against all perils included within the classification “Causes of Loss - Special Form” (All Risk) insurance coverage, Lessor shall 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 insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost construction of the buildings Building and other improvements on the replacement Premises Builder’s Risk (course of construction) insurance in an amount equal to the cost of such construction. 14.3 Tenant must also maintain and/or cause Xxxxxx’s contractor(s) to maintain a policy or policies of Worker’s Compensation Insurance as required by law and employer’s liability insurance with limits equal to those set forth in Article 16 below containing a full waiver of subrogation in favor of Landlord. 14.4 Tenant’s obligations to carry 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Lease 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 must provide that the Premises are covered by such blanket policy with the limits of liability required by this Lease. 14.5 In the event of loss under any such policy 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 (collectively “Landlord Group”) 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 carried or required to be carried under this Lease or by any deductibles applicable thereto, or invalidated by Tenant’s failure to carry insurance. This release is applicable even if the loss or damage is caused by the fault or negligence of any member of Landlord Group. Tenant agrees to obtain from its insurance carriers a waiver of subrogation clause or endorsement consistent with the 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. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Landlord shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage from all perils included within to the classification Premises, but excluding coverage of firefixtures, extended coveragemachinery, vandalismequipment, malicious mischiefalterations and leasehold improvements of Tenant which are not considered part of the real estate for insurance purposes, and such other risks as may be embraced within in the form amount of extended coverage insurance, with "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 value thereof, as the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as same may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor exist from time to time, or the amount required by any lender (but in no event more than the commercially reasonable and available insurance value thereof) providing protection against all perils customarily included within the "all risk" or "special form" classification of causes of loss, and, at Landlord's option, flood, earthquake and additional costs resulting from debris removal and the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. In addition, Landlord shall obtain and keep in force, during the term of this Lease, a policy of rental loss insurance commencing on the date of loss and continuing for a period of at least one (1) year, with proceeds payable to Landlord, which insurance may also cover all Real 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. (b) Tenant shall, 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 less than considered part of the real estate for insurance purposes for the full replacement cost of any buildings and improvements value thereof, as the same may increase from time to time erected due to inflation or otherwise. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured to 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 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 settlement of any claim or loss under such insurance. Landlord shall have no obligation to carry insurance on the any of Tenant's personal or other property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Landlord shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage from all perils included within to the classification Premises, but excluding coverage of firefixtures, extended coveragemachinery, vandalismequipment, malicious mischiefalterations and leasehold improvements of Tenant which are not considered part of the real estate for insurance purposes, and such other risks as may be embraced within in the form amount of extended coverage insurance, with "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 value thereof, as the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as same may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor exist from time to time, or the amount required by any lender (but in no event more than the commercially reasonable and available insurance value thereof) providing protection against all perils customarily included within the “all risk” or “special form” classification of causes of loss, and, at Landlord’s option, flood, earthquake and additional costs resulting from debris removal and the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Building required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered cause of loss. In addition, Landlord shall obtain and keep in force, during the term of this Lease, a policy of rental loss insurance commencing on the date of loss and continuing for a period of at least one (1) year, with proceeds payable to Landlord, which insurance may also cover all Real 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. (b) Tenant shall, 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 less than considered part of the real estate for insurance purposes for the full replacement cost of any buildings and improvements value thereof, as the same may increase from time to time erected due to inflation or otherwise. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured to 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 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 settlement of any claim or loss under such insurance. Landlord shall have no obligation to carry insurance on the any of Tenant’s personal or other property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, Landlord shall maintain fire and such other risks as may be embraced within the form of extended coverage insuranceinsurance on the Building FOR ITS REPLACEMENT, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement WITH NO CO-INSURANCE. The cost of any buildings such insurance shall be included as a part of Operating Expenses and improvements from time payments for losses thereunder shall be made solely to time erected on Landlord or the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy mortgagees of Landlord as their interests shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;appear. (b) Loss or damage by explosion Tenant shall maintain at its expense, in an amount equal to full replacement cost, fire and extended coverage insurance on all of steam boilerits personal property, air conditioning equipmentincluding removable trade fixtures and leasehold and tenant improvements, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on located in the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 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 insurance, and Tenant shall obtain and deliver to Landlord a written obligation an the part of each insurer to notify Landlord at least sixty J60) days prior to the modification, cancellation or expiration of such insurance policies, In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least sixty (60) days prior to the expiration date of each expiring policy, Landlord may from time obtain such insurance as Landlord may reasonably require to time protect Landlord's interest (which obtaining of insurance shall not be reasonably determined deemed to be necessary a waiver of Tenant's default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of ten percent (10%) of the cost of such policies shall be paid by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Tenant to Landlord as additional rent upon demand.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils Landlord shall maintain fire and extended coverage insurance on the Building and the Premises in such amounts as Landlord elects. The cost of such insurance shall be included within as a part of the classification of fire, extended coverage, vandalism, malicious mischiefBasic Costs, and such other risks payments for losses thereunder shall be made solely to Landlord or the mortgagees of Landlord as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy their interests shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;appear. (b) Loss or damage by explosion Tenant shall maintain at its expense, in an amount equal to full replacement cost, fire and extended coverage insurance on all of steam boilerits personal property, air conditioning equipmentincluding removable trade fixtures and leasehold and tenant improvements, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on located in the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 additional amounts as may from time are required to time be reasonably determined meet Tenant's obligations pursuant to be necessary by Lessor; (d) Lessee Paragraph 19 hereof. Tenant shall pay within furnish evidence satisfactory to Landlord of 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 (30) days prior to the modification, cancellation or expiration of receipt such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of invoiceeach expiring policy, 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 fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as additional rent upon demand. (c) Landlord and Tenant each hereby 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 other, its pro-rata share agents, officers or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Building of all which the Premises are a part, 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 could be, insured against under the terms of the standard fire and extended coverage insurance required by policies referred to in this Section 2Paragraph 15, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including sole, joint or concurrent, negligence of the other party hereto, its agents, officers, or employees.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Lessee shall obtain and keep in force during the term of this Lease policy or policies of insurance covering loss or damage to the Premises, in the amount of the full replacement value thereof including all improvements, as the same may exist from time to time, but in no event less than the total amount required by Lessor from time to time, against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood, earthquake, and special extended perils ("tall risk" as such other risks term is used in the insurance industry). A stipulated value or agreed amount endorsement deleting the coinsurance provision shall be procured with said insurance. Said insurance policy or policies must be approved by 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 be embraced within appear. The Lessee shall, in addition, obtain and keep in force during the form term of extended coverage insurancethis Lease a policy of business interruption insurance covering a period of one year, with "comprehensive special" form including endorsementloss payable to Lessee, sprinkler leakagewhich insurance shall also cover all rental payments, insuring, at all times, real estate taxes and insurance costs for said period. An automatic increase in insurance endorsement causing the full increase in annual property insurance coverage by two percent (2%) per quarter will be required only if Lessee no longer maintains a replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 Lessee shall fail to procure and maintain said insurance the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsementLessor may, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in shall not be required to, procure and maintain the State same, but at the expense of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes Lessee. If such insurance coverage by such separate policy of Policies; (b) Loss has a deductible clause, the deductible amount shall not exceed $250,000.00 per occurrence 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 such limits with respect to any one accident some other limit as may reasonably be determined by is mutually agreed upon between Lessor and Lessee from time to time, but not less than the full replacement cost of any buildings and improvements from time to time erected on the property;Lessee shall be liable for such deductible amount. (cb) Such other insurance and in such amounts as may from time If the Premises are a part of a larger building, or if the Premises are part of a group of buildings owned by Lessor which are adjacent to time be reasonably determined to be necessary by Lessor; (d) the Premises, then Lessee shall pay within thirty (30) days for any increase in the property insurance of receipt such other building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of invoice, its pro-rata share of all insurance required by this Section 2the Premises.

Property Insurance. At 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 egress. The halls, passages, entrances, elevators, stairways, balconies and roof are not for the use of the general public, and Lessor shall in all timescases 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 Lessee shall go upon the roof of 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 maintain 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 maintained occupied as an office for a public stenographer or typist, or for the 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 below described 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 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 kind that are placed upon any of the doors or windows by Lessee. Each Lessee must, upon the termination of its tenancy, restore to Lessor all keys of stores, offices, and toilet rooms, whether furnished to or otherwise procured by Lessee, and in the event of the loss of any keys so furnished, such Lessee shall pay to the Lessor the cost of 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 Building and outside of the Lessee's premises, be subject to and under the control and direction of Lessee and Lessee shall be responsible for 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 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 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 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, vendors, associates, or anyone else who parks a vehicle in the parking lot for the purpose of transacting business with Lessee. 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 name and street address of the Building of which the Premises are a part. 20. Lessor shall have the right to control and operate the the public facilities, as well as facilities furnished for the common use of the Lessees, in such manner as it deems best for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Lessees generally.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within 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 classification of fire, extended coverage, vandalism, malicious mischiefthen current form, and such other risks as Administrative Agent may be embraced within reasonably require, insuring Administrative Agent, for the form benefit of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, Lenders against damage in an amount not less than one hundred percent (100%) of the full replacement cost of any buildings and improvements from time to time erected the Property. Administrative Agent, for the benefit of Lenders, shall be named on the Premisespolicy 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, including all Lessee Improvements. Lessor specifically agrees that the insurance maximum deductible may not exceed $15,000,000. (b) If Borrower elects to commence the construction of the Expansion, in addition to the “All Risk” policy shall contain an endorsement or appropriate provision which specifically states that the amount of required under clause (a) above, a Builders All Risk/Special Form Completed Value (Non-Reporting Form) Hazard Insurance policy, including, without limitation, theft coverage shall at all times be and such other coverages and endorsements as Administrative Agent may require, insuring Administrative Agent, for the actual benefit of Lenders against damage in an amount not less than one hundred percent (100%) of the full replacement cost of the buildings Property at the time of Completion of the Expansion; provided that Borrower shall not be required to begin maintaining such Builders All Risk/Special Form Completed Value (Non-Reporting Form) Hazard Insurance policy until the day prior to commencement of construction of the Expansion (and other improvements shall maintain such coverage at all times 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 replacement cost of the Property, regardless of the stated dollar amount of the policypolicy 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). If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with With respect to any one accident as required wind/storm coverage, the maximum deductible may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2exceed $15,000,000.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall maintain pay to Landlord (or cause to be maintained Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to and/or destruction of the Building (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 10) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” “special form” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuringplus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of the Premises, at all timesTenant agrees to pay to Landlord, in addition to its Proportionate Share of the deductibles, the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced increase within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; five (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (305) days of receipt of the related invoice. Tenant shall have no interest in or any right to the proceeds of any 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, each party to this Lease hereby waives all rights of recovery against the other party or its proofficer, employees, agents and representatives for loss or damage to its property 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 by the terms of 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 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 take effect until consent to such waiver is obtained. If such waiver is so prohibited, the 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-rata share complying party will provide, to the other party, thirty (30) days’ advance notification of all the cancellation of the subrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. Notwithstanding anything to the contrary herein, the foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the Property or any insurance required by this Section 2coverage relating thereto.

Property Insurance. At Lessee shall, at Lessee's expense, procure and maintain at all timestimes during the term of this Lease, Lessor shall maintain a policy or cause to be maintained the policies of insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss covering loss or damage from to any Leased Premises in an amount not less than ninety-five percent (95%) of the estimated replacement value thereof, and providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuringflood, and special extended peril (all risk). Lessee shall pay the entire amount of such 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) procure same at all times, the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee ImprovementsLessee's expense after ten (10) days' prior written notice. Lessor specifically agrees that the insurance No such policy shall contain an endorsement be cancelable or appropriate provision which specifically states that the amount subject to reduction of coverage or other modification except after sixty (60) days' prior written notice to Lessor by the insurer. All such policies shall at all times 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 and charge the cost to the Lessee, which amounts shall be payable by Lessee on demand. Such insurance shall provide for payment of losses thereunder to Lessor or the actual full replacement cost holder of the buildings and other improvements a first mortgage or deed of trust on the replacement cost of the Property, regardless of the stated dollar amount of the policy. If any of the risks covered by Leased Premises. Any loss proceeds shall be made available for the currently employed customary comprehensive general endorsement on fire policies purposes of replacing or rebuilding the pertinent Leased Premises to the condition existing immediately prior to such damage, if any such construction activities are hereafter excluded from such endorsementpermissible under applicable laws and regulations then pertaining to the damaged Leased Premises; provided, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business however, that for so long as Lessor's interest in the State Leased Premises is encumbered either by mortgage or trust deed and/or by assignment of Massachusettsthis Lease to or for the benefit of Lender, then the reference above to "risks as may such proceeds shall be embraced within the standard form of extended coverage insurance" includes insurance coverage held by such separate policy of Policies; (b) Loss Lender 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined its designee to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2used in the manner herein provided.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss The Tenant shall, at its sole cost and expense keep and maintain in force Comprehensive All Risk Property Insurance on the improvements and equipment situated at the Premises and the Easement Tracts, including coverage against loss or damage from all perils included within the classification of by fire, extended coveragecollapse, vandalismlightning, 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 other, further and additional risks as now are or hereafter may be embraced within by the form standard all risk coverage forms of extended coverage insuranceendorsements, 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 "comprehensive special" form including endorsement, sprinkler leakage, insuring, at respect to the improvements and equipment waiving all times, 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 deductibles as though there were no deductible. (b) The Full Insurable Value shall be ascertained upon the full replacement cost completion of any buildings the improvements and improvements from time to time erected (but not more frequently than once in any 48 calendar months) at the request of the Landlord or the Trustee by an appraiser, architect, engineer or contractor designated and paid by the Tenant and approved by the Landlord, which approval shall not be unreasonably withheld, or by an engineer or appraiser in the regular employ of the insurer. After the first such appraisal, additional appraisals may be based on construction cost indices customarily employed in the trade. No omission on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost part of the buildings and other improvements on Landlord or the replacement cost Trustee to request any such ascertainment shall relieve the Tenant 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than the full replacement cost of any buildings and improvements from time to time erected on the property;its obligations under this Article. (c) Such other Any insurance and in such amounts as may from time to time be reasonably determined required to be necessary provided by Lessor;the Tenant under this Section 906 may be provided by blanket insurance covering both the Premises and other properties or locations of the Tenant, provided that (i) such blanket insurance complies with all of the other requirements of this Lease, (ii) the amounts payable to the Landlord and the Trustee under such blanket insurance, whether or not the Tenant, as an additional insured, may be otherwise entitled to any proceeds of the policy and (iii) the insurance protection to be provided hereunder for the Landlord and the Trustee is not impaired or diminished by such blanket insurance or inclusion of the Tenant as an insured thereunder. (d) Lessee The Tenant shall pay within thirty (30) days of receipt of invoicealso, at its pro-rata share of all sole cost and expense, keep boiler and machinery insurance required by this Section 2on an extended comprehensive basis with a joint agreement if there are two separate policies.

Property Insurance. At Throughout the Term Chiron will keep all timesImprovements (including all alterations, Lessor shall maintain or cause additions and changes made to be maintained the Improvements) which are located within the Property insured under an "all-risk" property insurance below described for the benefit of Lessor and Lessee, against the following risks: policy (a) Loss or damage not excluding from all coverage perils normally included within the classification definitions of fire, extended coverage, vandalism, malicious mischiefmischief and, if the Property is in a flood zone, flood) in the amount no less than 100% of the replacement value (exclusive of land, foundation, footings, excavations and such other risks as grading) with endorsements for contingent liability from operation of building laws, increased cost of construction and demolition costs which may be embraced within necessary to comply with building laws. Subject to the form reasonable approval of extended coverage insuranceBNPLC, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that Chiron will be responsible for determining the amount of coverage shall at all times property insurance to 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor maintained from time to time, but not Chiron must maintain such coverage on an agreed value basis to eliminate the effects of coinsurance. 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 full replacement cost 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 applicable to such insurance shall not exceed $20,000,000. Such insurance shall cover not only the value of Chiron'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 buildings 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 and improvements Chiron as 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 time BNPLC, (ii) each insurance company concerned is hereby authorized and directed to time erected on the property; (c) Such other insurance and in make payment for such amounts loss directly to BNPLC for application as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Paragraph 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. g. Paragraph 13(a)(iv) is amended and restated as follows:

Property Insurance. At Landlord shall at all timestimes from and after commencement of construction of the Building 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 any Tenant alterations, Lessor improvements or additions), which insurance shall maintain not exclude coverage for sprinkler damage, vandalism and malicious mischief and shall include a Building Ordinance endorsement and a demolition endorsement, and to the extent boilers or cause to pressure vessels are used at the Building, boiler and pressure vessel explosion coverage. Said insurance shall be maintained the with a responsible insurance below described for the benefit company qualified to do business in Minnesota, in an amount not less than one hundred percent (100%) of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full their actual replacement cost of any buildings and improvements from time to time erected on during the PremisesTerm with a deductible or deductibles which are no greater than those consistent with the Minimum Building Standards, including 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 Lessee Improvementssuch payments in accordance with this Lease, for disbursement in accordance with and for the purposes required by this Lease. Lessor specifically agrees that the Said "all risk coverage" insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount no risk of coverage shall at all times be for the actual full replacement cost coinsurance by Landlord by reason of the buildings and other improvements on the replacement cost insured value 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not Project being less than the full replacement actual value of the Project. Tenant may at its own cost and expense, procure and maintain in effect policies of any buildings insurance covering all Trade Fixtures, merchandise and improvements other personal property from time to time erected in, on or upon the property; Premises (c) Such other excluding the Tenant Work and any Tenant alterations, improvements or additions). The proceeds of such insurance and carried by Landlord shall be applied in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days accordance with this Lease for the repair or replacement of receipt of invoice, its pro-rata share of all insurance required by this Section 2the property so insured.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall maintain pay to Landlord (or cause Landlord's agent if so directed by Landlord) Tenant's proportionate share (allocated to be maintained the Leased Premises by square footage or other equitable basis as calculated and determined by Landlord) of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to and/or destruction of the Premises (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 10) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, "all risks" insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuring, at all times, the full replacement plus sums paid as Additional Rent. If such insurance cost is increased due to Tenant's use of any buildings and improvements from time to time erected on the Premises, including Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, each party to this Lease hereby waives all Lessee Improvementsrights of recovery against the other party or its officer, employees, agents and representatives for loss or damage to its property or the property of 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 by the terms of this Lease Agreement to the extent full reimbursement of the loss/claim is received by the insured party. Lessor specifically agrees 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 contain an endorsement or appropriate provision which specifically states not take effect until consent to such waiver is obtained; provided, however, that if the amount insurance policy of coverage either releasing party prohibits such waiver, then this waiver shall at all times be for not take effect until consent to such waiver is obtained. If such waiver is so prohibited, the actual full replacement cost 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 buildings and other improvements on the replacement cost cancellation of the Propertysubrogation waiver, regardless in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. The foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the stated dollar amount of the policy. If Property or any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2relating thereto.

Property Insurance. At all timesEffective on and after the Construction Completion Date, Lessor Tenant shall maintain or cause to be maintained property insurance covering the insurance below described for the benefit of Lessor Improvements and Lessee, Personal Property insuring against the following risks: (a) all risks, including fire, other risks and losses caused by explosion of boilers and other pressurized equipment, insured under the then Customary form of policy (as 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 damage laws, and (b) loss of rents in an amount at least equal to gross receipts from all perils included within the classification sources of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings and improvements income from time to time erected on the Premises, including as reasonably estimated, for a period of at least 24 months (but in no event in an amount less than Base Rent and all Lessee Improvements. Lessor specifically agrees regularly recurring Additional Rent payments for a period of at least 24 months, as reasonably estimated) notwithstanding that the insurance policy may expire prior to the end of 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 appropriate provision which specifically states 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 Full Replacement Cost (hereinafter defined) of the Improvements and Personal Property, but such coverage shall be, in any event, at all times be for least sufficient to avoid the effect of the co‑insurance provisions of the applicable policy or policies. The term “Full Replacement Cost” shall mean the actual full replacement cost of the buildings Improvements and other improvements on Personal Property, including the replacement cost of demolition and debris removal and without deduction for depreciation and excluding the Propertycost of excavation, regardless foundations and footings. Such policy shall not exclude losses causes by flood, mold, fungus or acts of terrorism (including bioterrorism). With respect to losses covered by the stated dollar insurance described in clause (b), the amount of the policy. If any rental loss or business income insurance, as applicable, shall be determined initially upon Substantial Completion of the risks covered by Improvements and at least once each year thereafter based on Xxxxxx’s reasonable estimate of the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded gross income from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than for the full replacement cost succeeding period of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2coverage.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage from to the Premises, but not Lessee's fixtures, equipment or tenant improvements in the amount of the full replacement value thereof, providing protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk) but not plate glass insurance. In addition, the Lessor shall obtain and such other risks as may be embraced within keep in force, during the form term of extended coverage insurancethis Lease, a policy of rental income insurance covering a period of six months, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at loss payable to Lessor which insurance shall also cover all times, real estate taxes and insurance costs for said period. In the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees event that the Premises contains sprinklers then the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage include sprinkler leakage insurance" includes insurance coverage by such separate policy of Policies;. (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days to Lessor, during the term hereof, in addition to the rent, the amount of receipt of invoice, its pro-rata share of all any increase in premiums for the insurance required by under this Section 2Paragraph 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 event that the Premises have never been previously occupied the words "Base Period" shall mean the lowest premium reasonably obtainable for the said insurance for the Premises assuming the most nominal use of the Premises. Provided, however, in lieu of the Base Period the parties hereto may insert a dollar amount at the end of this sentence which figure shall be considered as the insurance premium for the Base Period. $ NOT APPLICABLE.

Property Insurance. At Throughout the Term, Tenant shall cause the Improvements, and all timesbuilding equipment and fixtures appurtenant thereto, Lessor shall maintain or cause to be maintained insured by insurance companies reasonably satisfactory to Landlord and licensed to do business in the insurance below described for 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 benefit 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 Lessor and Lessee, against the following risksany Improvements: (a) Loss against loss or damage from all perils included within 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 classification Improvements or the use of fire, extended coverage, vandalism, malicious mischiefthe Property shall at any time constitute legal non-conforming structures or uses. (c) If, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all timesso long as, the full replacement cost Premises shall be equipped with any boiler or boilers, other than low pressure boilers, or so long as the maintenance of any buildings such insurance shall be required by law, against loss and improvements liability resulting from time to time erected 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 Lessee Improvements. Lessor specifically agrees 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 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 insurance policy shall contain an endorsement Property is repaired or appropriate provision which specifically states replaced and operations are resumed, whichever first occurs, and notwithstanding that the amount policy may expire prior to the end of coverage such period. Such insurance shall at all times be for name Landlord and Mortgagees as additional insureds and 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss or damage by explosion of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed Mortgagee which holds a first mortgage lien on the Premises in such limits as loss payee with respect to Base Rent payable to or for the benefit of Landlord under this Lease. (e) During any one accident 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 determined carried by Lessor from time 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 timethe Improvements being constructed, but not less than altered, or repaired. (f) To the full replacement cost 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 buildings and improvements from time to time erected on Lease Guarantor, as defined in Article 31 below) or (ii) required by the property; (c) Such Mortgagees, Tenant shall also carry such other insurance and in such amounts as may from time to time be reasonably determined 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 all times, pay for and deliver to Landlord all of the insurance 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 policies shall be delivered to Landlord ten (10) days prior to the expiration of the policy or policies to be necessary by Lessor;renewed. (dg) Lessee Tenant shall pay within thirty (30) days of receipt of invoiceat Landlord’s request execute such reasonable and customary documents, its pro-rata share of all insurance and take such other actions as may be reasonably required by this Section 2Landlord, in order for Landlord to obtain condemnation insurance, provided, however, that in no event shall Tenant be obligated to incur any out-of-pocket expense or potential liability in connection therewith.

Property Insurance. At all times during the Term and at Tenant's sole cost and expense (such cost and expense being a part of Tenant's Additional Charges hereunder), Landlord shall keep the Demised Premises and the Improvements insured for the benefit of 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 Loss" form, including without limitation, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles and aircraft, smoke damage, water damage and debris removal; (iii) loss from flood if the Land is in a federally designated flood area, in which case the amount of the coverage for such peril shall be as hereafter provided; (iv) loss from earthquake (if appropriate); and (v) loss or damage from such other risks 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, design, general location, use and occupancy to the 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, Lessor the Property Insurance coverage shall maintain or cause be in an amount equal to be maintained one hundred percent (100%) of the insurance below described then "Full Replacement Cost" of the Improvements (except for the benefit of Lessor foundation, grading and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischiefexcavation), and such other risks as may shall include a so-called "Agreed Amount Endorsement." Full Replacement Cost shall be embraced within interpreted to mean the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings replacing the Improvements, without deduction for depreciation, obsolescence, or wear and improvements from time to time erected on tear, and shall include a reasonable sum for architectural and engineering fees connected with the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement restoration or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business Improvements in the State event of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss damages thereto 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 such limits with respect to any one accident as may reasonably destruction thereof. Full Replacement Cost shall be determined by Lessor from time to time. The deductible under Landlord's Property Insurance shall not exceed that amount that is commercially reasonable, but not less than and Landlord shall extend diligent efforts to obtain commercially competitive rates for the full replacement cost of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Property Insurance.

Property Insurance. At all timesLandlord shall obtain and keep in force during the Term of this Lease a policy or policies of insurance, Lessor shall maintain with deductibles at the sole discretion of Landlord, covering loss or cause damage to be maintained the Premises, the Building, the Tenant Improvements and objects owned by Landlord and normally covered under a "Boiler and Machinery" policy (as such term is used in the insurance below described for industry), at least in the benefit amount of Lessor eighty percent (80%) of the full replacement cost thereof, and Lesseein no event less than the total amount required by Mortgagees, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, 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 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 the property insurance of the Building or such other risks as may be embraced building or buildings within the form Property if such increase is caused by Tenant's acts, omissions, use or occupancy of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuringthe Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense, (i) an "all times, risk" or "special causes of loss" property policy in the amount of the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of any buildings Tenant, with Landlord insured as its interest may appear, and improvements from time to time erected on the Premises, including (ii) an "all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement risk" or appropriate provision which specifically states that the amount "special causes of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insuranceloss" includes insurance coverage by such separate policy of Policies; business interruption and/or loss of income insurance covering a period of two (b2) Loss or damage by explosion years, plus such additional period of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts if any, as may from time to time be reasonably determined will permit Tenant to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days in a position to have the same revenues as were in effect the day before a loss giving rise to a claim under such insurance occurs, with loss payable to Landlord to the extent of receipt of invoice, its pro-rata share of all insurance required by this Section 2Monthly Rent and Additional Rent only.

Property Insurance. At The Lessee covenants and 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 and all timesadditions thereto, Lessor shall maintain or cause to be maintained the insurance below described insured for the benefit of Lessor and Lessee, full replacement cost against the following risks: (a) Loss loss or damage from all perils included within the classification of by fire, extended coveragelightning and other casualty covered by the provisions of endorsements for Extended Coverage and Special Extended Coverage, vandalismto include the peril of collapse, vandalism and malicious mischief, replacement cost, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, will keep insurance to the full replacement cost of any buildings and improvements from time to time erected on the Premisesvalue, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than of the Building and Improvements placed on said Demised Premises by Lessor, including any and all additions thereto, in full replacement cost force and effect during the term hereof so long as this Lease is in effect, including all extensions hereof. No such policy of any buildings and improvements from time to time erected insurance shall include either the contents of the Building located on the property; (cDemised Premises or any other property of the Lessee or any third party except as a separate stated item of insurance, separate and in addition to the coverage which shall apply exclusively to Lessor's Building and other Improvements owned by Lessor. All such policies shall provide that Lessor and any Mortgagee(s) Such other shall be the insureds as their interests appear, and shall 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, Lessee shall maintain steam boiler insurance and in such amounts as Lessor may from time to time be reasonably determined require on all steam boilers, pressure boilers or such apparatus as Lessor may deem necessary to be necessary covered by such insurance, if any. 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; (d's Mortgagee(s) as a named insured, provided, however, that nothing herein shall be construed as limiting in any way the manner in which Lessee shall pay insures its personal property and trade fixtures placed within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2the Demised Premises.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall maintain pay to Landlord (or cause to be maintained Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to the Premises and Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 11) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” “special form” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuringplus sums paid as Additional Rent and any deductibles related thereto; provided however, at all timesthat during the last twenty-four months of the Lease Term, Tenant shall only be responsible for 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 Premises or the Complex, Tenant agrees to pay to Landlord, in addition to its Proportionate Share of the deductibles, the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced increase within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; five (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (305) 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 proofficer, employees, agents and representatives for loss or damage to its property 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 by the terms of 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 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 take effect until consent to such waiver is obtained. If such waiver is so prohibited, the 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-rata share complying party will provide, to the other party, thirty (30) days’ advance notification of all the cancellation of the subrogation waiver, in which case neither party will provide such subrogation waiver thereafter and this Paragraph will be null and void. Notwithstanding anything to the contrary herein, the foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the Property or any insurance required by this Section 2coverage relating thereto.

Property Insurance. At all times, Lessor Borrower shall maintain either "All Risk" or cause "Special Form" real and personal property insurance and "Boiler and Machinery Insurance", insuring one hundred percent (100%) of the 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 maintained 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 such transfer. Such insurance below described shall also cover "Rent Loss" or "Business Interruption" and "Extra Expense" on an "Actual Loss Sustained Basis" (including Rent Loss), in an amount equal to at least twelve (12) months of the Property Income, and 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 Machinery Insurance" and "Acts of Terrorism". Borrower shall also maintain "Ordinance and Law" coverage. If the 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 Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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 ImprovementsLender. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as 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, renovation or alteration of the Improvements. If the Mortgaged Property is located within a Special Flood Hazard Area, National Flood Insurance Program ("NFIP") insurance is required. In addition, the property policy must provide and maintain a Flood Limit in excess of NFIP that is acceptable to Lender. All insurance coverages, limits and deductibles must be reasonably determined satisfactory to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, Lender in its pro-rata share of all insurance required by this Section 2reasonable discretion.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils Landlord shall maintain fire and extended coverage insurance on the Building and the Premises in such amounts as Landlord elects. The cost of such insurance shall be included within as a part of the classification of fire, extended coverage, vandalism, malicious mischiefBasic Costs, and such other risks payments for losses thereunder shall be made solely to Landlord or the mortgagees of Landlord as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy their interests shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;appear. (b) Loss or damage by explosion Tenant shall maintain at its expense, in an amount equal to full replacement cost, fire and extended coverage insurance on all of steam boilerits personal property, air conditioning equipmentincluding removable trade fixtures and leasehold and tenant improvements, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on located in the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 additional amounts as may from time are required to time be reasonably determined meet Tenant's obligations pursuant to be necessary by Lessor; (d) Lessee Paragraph 19 hereof. Tenant shall pay within furnish evidence satisfactory to Landlord of 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 (30) days prior to the modification, cancellation or expiration of receipt such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of invoiceeach expiring policy, 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 fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as additional rent upon demand. (c) Landlord and Tenant each hereby 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 other, its pro-rata share agents, officers or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Building of all which the Premises are a part, 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 could be, insured against under the terms of the standard fire and extended coverage insurance required by policies referred to in this Section 2Paragraph 15, regardless of whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, EXHIBIT 10.6 including sole, joint or concurrent, negligence of the other party hereto, its agents, officers, or employees.

Property Insurance. At Subtenant shall purchase and maintain all times, Lessor shall maintain or cause to be maintained the property insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor the Building Improvements and the Premises which Sublandlord is required under the Primary Lease to maintain. In further description and amplification of the requirements of Section 7.1 of the Primary Lease, Subtenant shall procure and maintain in full force and effect the following specific additional endorsements or coverages to its property damage policy or policies: ​ (i) during the period of time prior to Substantial Completion of the initial Building Improvements, a builders' risk policy from time to time, but Travelers Insurance Company or another underwriter that contains a Limit of Insurance of not less than the full replacement cost of any buildings the Building Improvements and improvements other personal property and trade fixtures located from time to time erected on the property;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 ​ (cii) Such 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 insurance personal property and in such amounts as may trade fixtures located from time to time be reasonably determined on the Premises or within the Building Improvements, which policy shall contain similar coverages to be necessary by Lessor; those called for under clause (di) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.l 5(a). ​ If at any time "actual loss sustained" limits for the foregoing coverages are not available, the limits of such coverages shall be at the maximum percentage of the amount 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, the Overlandlord' s mortgagee and Sublandlord or additional insureds under such policy. ​

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within Prior to the classification of fireConversion Date, extended coveragea Builders All Risk/ Special Form Completed Value (Non- Reporting Form) Hazard Insurance policy, vandalismincluding without limitation, malicious mischief, theft coverage and such other risks coverages and endorsements as Bondowner Representative may be embraced within require, insuring Bondowner Representative against damage to the form Property and Improvements in an amount not less than 100% of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost at the time of completion of the Improvements. Such coverage should adequately insure any buildings and improvements from time to time erected all Loan collateral, whether such collateral is onsite, stored offsite or otherwise. Bondowner Representative shall be named on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement as Mortgagee and named under a Bondowner Representative’s Loss Payable Endorsement (Form #ISO CP 1218 or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;its equivalent). (b) Loss or damage by explosion of steam boilerAt all times from and after the Conversion Date, air conditioning equipmentBorrower shall provide, pressure vesselsmaintain and keep in full force and effect all insurance required in clauses (i) through (v) below, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises as well as such additional insurance as CCRC in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as its reasonable judgment may from time to time be reasonably determined require, against insurable hazards which at the time are commonly insured against in the case of properties situated similarly to be necessary by Lessorthat of the Property. Borrower shall supply CCRC with a certificate of insurance for any and all policies required hereunder. Insurance required hereunder is as follows: (i) Borrower must provide insurance, with a replacement cost provision in the policy of insurance or as an endorsement attached thereto, insuring against loss or damage to the Real Property and Improvements as follows: (1) insurance against loss or damage from fire and/or lightning; (d2) Lessee shall pay within thirty insurance against loss or damage from other risks embraced by the type of coverage known as “Special Form” (30formerly referred to as “All Risk”) days Fire and Extended Coverage insurance, including riot and civil commotion, vandalism and malicious mischief, in an amount not less than the Loan amount; (3) insurance against loss or damage 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 extended coverage, as CCRC may require, insuring against such perils, risks or hazards as CCRC may designate, including (x) flood insurance, if the Property is located in a flood zone pursuant to those certain NFIP maps issued by the Federal Emergency Management Agency, covering the Property, and, (y) earthquake insurance in such amounts, and on such terms and conditions, as CCRC may require, but only in the event that either (1) the Office of receipt the Comptroller of invoicethe 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) either Xxxxxx Xxx or the Federal Home Loan Mortgage Corporation requires that collateral for loans in its prorespective programs be insured against earthquakes, or (3) the Property is or becomes located in an “Xxxxxxx-rata share of all Xxxxxx” zone as determined by reference to applicable California law; (ii) Borrower must provide worker's compensation insurance as may be required by this Section 2applicable worker's compensation insurance laws (including employer's liability insurance, if required by CCRC), covering all employees of Borrower; (iii) Borrower 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; (iv) Borrower must provide ordinance and law coverage for properties that contain any type of non-conformance under current building, zoning, or land use laws or ordinances; and (v) Borrower must provide professional liability insurance for properties which provide any form of on-site services, where service 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 carry the same professional liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage PRPA shall keep the Terminal, including without limitation the pier and Wharf Structure, continuously insured from "all perils included within the classification risk" of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full direct physical loss on a replacement cost of any buildings and improvements from time to time erected on basis during the PremisesTerm. PRPA shall include XXXX as an additional insured as its interest may appear, including all Lessee Improvements. Lessor specifically agrees that the extra expense insurance policy shall contain an endorsement or appropriate provision which specifically states that in the amount of coverage shall at all times be for the actual full replacement cost of the buildings and other improvements on the replacement cost of the PropertyOne Million Dollars ($1,000,000) from any one loss, regardless of the stated dollar amount of the policy. If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;with no monthly limitation. (b) Loss or damage by explosion XXXX shall keep the contents of steam boilerthe Terminal, air conditioning including the property of others and cargo, improvements and betterments, and "contractor's equipment," continuously insured during the Term from "all risks" of direct physical loss, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits a legal liability basis with respect to any one accident cargo and property of others, and an actual cash value basis with respect to all other contents, improvements and betterments and "contractor's equipment." XXXX shall include PRPA and the Commonwealth as additional insureds as their respective interest may reasonably be determined by Lessor from time to time, but not less than the full replacement cost of any buildings and improvements from time to time erected on the property;appear. (c) Such other XXXX shall keep the Cranes continuously insured from "all risks" of direct physical loss, including "mechanical breakdown" and removal of any boom warranty, on a replacement cost basis during the Term; provided, that 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 the 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 cost of such amounts coverage allocable to the PRPA Cranes by crediting such amount to XXXX against Base Compensation owing by XXXX in the month immediately following XXXX'x payment of a premium for such insurance. XXXX shall include PRPA and the Commonwealth as additional insureds, loss payees or mortgagees as their respective interests may from time to time be reasonably determined to be necessary by Lessor;appear. (d) Lessee PRPA shall pay within thirty provide comprehensive boiler and machinery coverage on insurable objects (30excluding the Cranes) days 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 receipt of invoiceTwo Hundred Fifty Thousand Dollars ($250,000), its pro-rata share of all insurance required by this Section 2for any one loss, with no monthly limitation.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from Landlord shall maintain all perils included within the classification risk insurance in an amount equal to ninety percent (90%) of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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 the Building on the Premises, including all Lessee ImprovementsBuilding (excluding the foundation) and the Tenant Improvements (as defined on Exhibit "D"). Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement The cost of such insurance (including the buildings 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 other improvements payments for losses thereunder shall be made solely to 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 replacement cost part 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above each insurer to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within notify Tenant at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Landlord shall not have delivered to Tenant a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, provided Tenant shall have given Landlord written notice and at least ten (10) days to cure, Tenant may obtain such insurance as Tenant may reasonably require to protect Tenant's interest (which obtaining of 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 invoicewritten 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. (b) Tenant shall maintain at its expense, in an amount equal to full replacement cost, All Risk insurance on all of its personal property, including removable trade fixtures, located in the 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 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 (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) 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 fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as additional rent upon demand. (c) Landlord and Tenant each hereby 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 other, its pro-rata share agents, officers or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Building of all which the Premises are a part, 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 be, insured against under the terms of the All Risk insurance required by policies referred to in this Section 2Paragraph 15, regardless of ------------ whether such insurance is actually maintained and regardless of the cause or origin of the damage involved, including sole, joint or concurrent, negligence of the other party hereto, its agents, officers, or employees.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss The Landlord shall obtain and keep in force during the term of this Lease a policy of policies of insurance covering loss or damage from all perils included to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX $1,000,000, but in no event less than the total amount of promissory notes XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk) and such other risks as may be embraced within sprinkler leakage XXXXXXXX insurance shall provide for payment of loss thereunder to Lessor or to the form holders of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost mortgages or deeds of any buildings and improvements from time to time erected trust on the Premises. The insuring party shall, including 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 Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be liable 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies;deductible amount. (b) Loss or damage by explosion If the Premises are part of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatusa larger building, or similar apparatus, now or hereafter installed on if the Premises in such limits with respect to any one accident as may reasonably be determined are part of a group of buildings owned by Lessor from time which are adjacent to timethe Premises, but not less than then Lessee shall pay for any increase in the full replacement cost property insurance of any such other building or buildings and improvements from time to time erected on if said increase is directly caused by Lessee's acts, omissions, use or occupancy of the property;Premises. (c) Such other insurance 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 in such amounts as may from time to time be reasonably determined to be necessary by Lessor;tenant improvements. (d) Lessee shall pay within thirty (30) days Not more frequently than each three years, if, in the opinion of receipt Lessor, the amount of invoice, its pro-rata share of all property insurance required hereunder is not adequate, the insuring party shall increase said insurance coverage as required by this Section 2Lessor. However, such increase may be more frequent than each three years if required by the insurance carrier in order to maintain insurance for the full replacement value of the Premises.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall maintain pay to Landlord (or cause to be maintained Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share (of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to the Building and Complex (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 11) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” “special form” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuringplus 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, at all times, Tenant agrees to pay to Landlord the full replacement cost of such increase. Tenant shall have no interest in nor any buildings right to the proceeds of any insurance procured by Landlord for the Complex. In addition and improvements 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 or the property of others under its control, arising from time 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 time erected on be maintained by the Premisesterms of 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 cause the policy evidencing such insurance to include a provision permitting such release of liability (“waiver of subrogation endorsement”); provided, including all Lessee Improvements. Lessor specifically agrees however, that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 policynot take effect until consent to such waiver is obtained. If any of such waiver is so prohibited, the risks covered by insured party affected shall promptly notify the currently employed customary comprehensive general endorsement on fire other party thereof. In the event the waivers are issued to the parties and are not valid under current policies are hereafter excluded from such endorsementand/or subsequent insurance policies, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusettsnon-complying party will provide, then to the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss or damage by explosion of steam boilerother party, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days days’ advance notification of receipt the cancellation of invoicethe subrogation waiver, its proin which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. The foregoing waiver of subrogation shall not include any loss resulting from Hazardous Material contamination of the Property or any insurance coverage relating thereto. 12 of 25 991719 v2/SF BUILDING: Marriott 12 PROPERTY: 01-rata share of all insurance required by this Section 2.0112 UNIT: 2 LEASE ID: 0112-BECE01-01

Property Insurance. At all timesBorrower, Lessor at its sole cost and expense, shall maintain or cause to be maintained keep the insurance below described Property insured during the entire term of the Loan, for the mutual benefit of Lessor Borrower and LesseeLender, against the following risksfire and such other hazards that would be covered by an insurance policy issued on a Special Form Cause of Loss (“All Risk”) basis (“Property Policy”). The Casualty Policy shall: (ai) Loss or damage from all perils included within the classification of fireinclude coverage for, extended and specifically state that coverage is provided for named storm, windstorms, hail, mold, terrorism and flood coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policiesif required; (bii) 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 provide coverage in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but an amount not less than the full insurable value of the building, which is the same as one hundred percent (100%) replacement cost of any buildings and improvements from time to time erected on value (the property“RCV”) for each Property; (ciii) Such other insurance have a deductible no greater than $25,000.00 per occurrence and in such amounts as may from time to time be reasonably determined to be necessary by Lessorcontain a replacement cost endorsement; (div) Lessee 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 pay within thirty (30) days be referenced on the evidence of receipt of invoice, its pro-rata share of all insurance required hereunder. Lender shall be named as “Mortgagee” as it concerns Lender’s security interest in real property assets of the Borrower; (v) be evidenced by this an XXXXX Certificate Form 27 or Form 28 or equivalent form naming Lender as Certificate Holder and “Mortgagee” and/or “Lender’s Loss Payable” status (as applicable) and 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 Exhibit A hereto; (vi) if the Property Policy is a blanket policy, provide that the blanket limit is subject to a so- called “Agreed Amount” or “No Co-Insurance” clause, or the Property Policy shall specifically state the applicable co-insurance percentage and the scheduled value with respect to the Property; and (vii) except as provided in Section 21(a)(vi) above, not contain any co-insurance clauses or provisions that would reduce the coverage available under the Property Policy.

Property Insurance. At all times, Lessor Landlord shall maintain in full force and effect during the Term of this Lease all risk property insurance, written on a “special form – causes of loss” policy (or cause equivalent), covering the 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 (y) three percent (3%) of such insurable replacement value (the costs of any higher limit or lower deductible amount for such earthquake insurance shall be at Landlord’s sole cost) if Landlord or its lender deems such insurance to be maintained the insurance below described necessary or desirable, in each case (A) containing an agreed amount endorsement and replacement cost endorsement with respect to all improvements; (B) providing for the benefit no deductible in excess of Lessor $25,000; and Lessee(C) containing Demolition Costs, against the following risks: (a) Loss Increased Cost of Construction and “Ordinance or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as Law Coverage” or “Enforcement” endorsements in amounts satisfactory to Landlord’s lender. The insurable replacement value may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings and improvements redetermined from time to time erected on by an appraiser or contractor designated and paid by Landlord or its lender or by an engineer or appraiser in the Premises, including all Lessee Improvementsregular employ of the insurer; 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. Lessor specifically agrees that the insurance policy Tenant shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be reimburse Landlord for the actual full replacement cost of the buildings premiums and other improvements on the replacement cost costs 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes property insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of after receipt of invoiceinvoice 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, its pro-rata share covering all trade fixtures, equipment, furniture, inventory, and other personal property located at the Premises (collectively, “Tenant’s Property”), in an amount of all insurance required by this Section 2not less than one hundred percent (100%) insurable replacement value with no coinsurance, in each case providing for no deductible in excess of $25,000.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or During the Term, Landlord shall procure and maintain physical damage from insurance covering the Premises and all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost contents of the buildings and other improvements on Premises through the policies purchased by Landlord through its participation in the 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 Property, regardless Premises and all contents of the stated dollar amount of the policyPremises. If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks Such insurance shall contain broad form coverage as may be embraced within customary for like properties in the standard form vicinity from time to time during the term of extended coverage insurance" includes 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 by such separate policy of Policies;through an insurer meeting the requirements set forth in Section 18.07. (b) Loss or damage by explosion At the request of steam boilerLandlord, air conditioning equipmentand at the sole cost and expense of Tenant, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably replacement value of the Improvements shall be determined by Lessor from time to time, but not less 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 determination. (c) Tenant hereby waives any right of recovery from Landlord, its officers, and employees (collectively, the full replacement cost “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 buildings and improvements deductible amount for which coverage is not available under the insurance maintained by Landlord pursuant this Section 18.01 (including any self-insured retention of either Landlord or the State Fire & Tornado Fund). Landlord shall be permitted to increase or decrease such deductible amount from time to time erected on the property; (c) Such other insurance in its sole and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee absolute discretion; provided that Landlord shall pay within provide Tenant at least thirty (30) days prior written notice of receipt of invoice, its pro-rata share of all insurance required any change in the deductible amount payable by this Section 2Tenant.

Property Insurance. At all timesLandlord shall obtain and keep in force during the Term of this Lease a policy or policies of insurance, Lessor shall maintain with commercially reasonable deductibles covering loss or cause damage to be maintained the insurance below described for Premises, the benefit Tenant Improvements and objects owned by Landlord at least in the amount of Lessor 95% of insurable value, and Lesseein no event less than the total amount required by Mortgagees, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, 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 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 the property insurance of the Building or such other risks as may be embraced building or buildings within the form Project if such increase is caused by Tenant's acts, omissions, use or occupancy of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuringthe Premises. Tenant shall obtain and keep in force during the Term, at its sole cost and expense: (i) an "all times, risk" property policy in the amount of the full replacement cost covering Tenant's Personal Property and any Alterations made by or at the request of any buildings Tenant, with Landlord insured as its interest may appear; and improvements from time to time erected on the Premises, including (ii) an "all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurancerisk" includes insurance coverage by such separate policy of Policies; business interruption and/or loss of income insurance covering a period of one (b1) Loss or damage by explosion year, plus such additional period of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts if any, as may from time to time be reasonably determined will permit Tenant to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days in a position to have the same revenues as were in effect the day before a loss giving rise to a claim under such insurance occurs, with loss payable to Landlord to the extent of receipt of invoice, its pro-rata share of all insurance required by this Section 2Monthly Rent and Additional Rent only.

Property Insurance. At Property insurance on an “all timesrisk” and “special perils” basis (special form causes of loss) for one hundred percent (100%) of the replacement value of the Mortgaged Property, Lessor shall maintain exclusive of land value (excluding any portions of the Project covered by any tenant’s, licensee’s or cause to be maintained the sublessee’s insurance below described for the benefit of Lessor and Lessee, against the following risks:as (a1) Loss or damage from all perils included within the classification of fireReplacement Cost (without any deduction made for depreciation), extended coverage(2) Agreed Amount (waiving co insurance penalties), vandalism, malicious mischief(3) a standard mortgagee clause acceptable to Lender, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form (4) law or ordinance insurance including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost of any buildings demolition and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement increased cost of the buildings and other improvements on the replacement cost construction with a sub-limit 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than $5,000,000, provided, however, such coverage shall not be 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 full Mortgaged Property. The policy shall include coverage for Flood and Earthquake with sub-limits no less than 25% of the replacement cost of any buildings and improvements from time to time erected on the property; (c) Such other insurance cost, but each not less than $5,000,000 per occurrence and in the annual aggregate, provided, however, such amounts Earthquake coverage shall not be 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 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 may established by a licensed engineer with a deductible not greater than 5% of replacement costs, provided, however, such coverage shall not be 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 Mortgaged Property. If the building is located in a Special Flood Hazard Zone, as defined by the National Flood Insurance Program (NFIP), flood insurance should be purchased in maximum available limits from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance the NFIP with excess limits as required by this Section 2Lender, provided, however, such coverage shall not be 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 Mortgaged Property. Lender shall be named as sole Loss Payee and Mortgagee for the Project.

Property Insurance. At all times, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss Landlord must maintain insurance policy or damage from all perils included within policies of “risks of direct physical loss” in a “special form” basis (or comparable coverage by whatever name denominated) on the classification portion of firethe Complex that is the property of Landlord (including Alterations by Tenant that have become the property of Landlord), extended coverage, vandalism, malicious mischief, and in an amount equal to not less than 90% of the replacement cost (or such other risks greater amount as may be embraced within necessary to comply with the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, the full replacement cost provisions of any buildings co-insurance clauses of the policy). 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 mortgagees of Landlord 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, 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 improvements from time to time erected movable furniture and equipment located on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain in an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual 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 maintained at the expense of Tenant and payment for losses thereunder will be made solely to Tenant or to the mortgagees of Tenant (if permitted hereunder) as their interests may appear. Tenant must, prior to occupancy of the buildings Premises 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor at Landlord’s request from time to time, but not less than the full replacement cost provide to Landlord a current certificate of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by evidencing Tenant’s compliance with this Section 29.1. Tenant must obtain the agreement of Tenant’s insurers to notify Landlord at least 30 days prior to any cancellation, modification or expiration of a property insurance policy.

Property Insurance. At 13.1 Tenant agrees at all timestimes during the Term to keep the Building and improvements on the Premises and all property used at or in conjunction with the Premises insured against all perils included within the classification “Causes of Loss - Special Form” (All Risk) insurance coverage, Lessor shall 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 insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost construction of the buildings Building and other improvements on the replacement Premises Builder’s Risk (course of construction) insurance in an amount equal to the cost of such construction. 13.3 Tenant must also maintain and/or cause Xxxxxx’s contractor(s) to maintain a policy or policies of Worker’s Compensation Insurance as required by law and employer’s liability insurance with limits equal to those set forth in Article 15 below containing a full waiver of subrogation in favor of Landlord. 13.4 Tenant’s obligations to carry 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2Lease 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 must provide that the Premises are covered by such blanket policy with the limits of liability required by this Lease. 13.5 In the event of loss under any such policy 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 (collectively “Landlord Group”) 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 carried or required to be carried under this Lease or by any deductibles applicable thereto, or invalidated by Tenant’s failure to carry insurance. This release is applicable even if the loss or damage is caused by the fault or negligence of any member of Landlord Group. Tenant agrees to obtain from its insurance carriers a waiver of subrogation clause or endorsement consistent with the 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. At all timesAs to Improvements while under construction: An ORIGINAL (or evidence acceptable to Lender of) Builder’s Risk “All-Risk”, Lessor shall maintain or cause to be maintained the insurance below described for the benefit of Lessor and Lessee, against the following risks: Completed Value (aNon-Reporting) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischiefForm POLICY naming Borrower as an insured, and such other risks as may be embraced within covering the form interests of extended all contractors (of all tiers) in the Project, reflecting coverage insurance, with "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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full replacement cost 100% of the buildings insurable replacement cost, and other improvements on the replacement cost written by a carrier approved by Lender with a current A.M. Best Company rating 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing at least A:VII (which is authorized to do business in the State of MassachusettsSouth Dakota), then that includes: Lender’s Loss Payable Endorsement naming U.S. Bank National Association as Mortgagee 30-day notice to Lender in the reference above to "risks as may be embraced within the standard form event of extended coverage insurance" includes insurance coverage cancellation or non-renewal by such separate policy either party or material adverse change Replacement Cost Measure of Policies; Recovery Coverage for Foundations, Off-site (b) Loss or damage by explosion of steam boilerUnscheduled and Temporary Locations), air conditioning equipmentTransit, pressure vesselsTesting, miscellaneous similar apparatusFlood, or similar apparatusEarthquake, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to timeCollapse, but not less than the full replacement cost of any buildings and improvements from time to time erected on the property; (c) Such other insurance 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 shipment of materials, machinery or equipment to the 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 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 or Recovery · Stipulated Value/Agreed Amount Endorsement (No Coinsurance) · Boiler and Machinery Coverage (including business income, extra expense coverage) One (1) year’s business interruption, leasehold interest and/or rent loss insurance in an amount acceptable to Lender Extra expense coverage in an amount acceptable to Lender “Contingent Liability from time Operation of Building Laws” coverage, “Demolition Costs” coverage, “Increased Cost of Construction” coverage, and “Increased Time to time be Rebuild” Coverage, with such additional limits for such coverages as Lender may reasonably determined require Deductible not to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 2.exceed $25,000

Property Insurance. At As of the date of its origination and, to the best of the Seller's knowledge, as of the Closing Date, all times, Lessor shall maintain or cause insurance required under each related Mortgage (except where a tenant under a lease is permitted to be maintained the self-insure) was in full force and effect with respect to each related Mortgaged Property; such insurance below described for the benefit of Lessor included (A) fire and Lessee, against the following risks: (a) Loss or damage from all extended perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, in an amount (subject to a customary deductible) at all times, least equal to the lesser of (i) 100% of the full replacement cost of any buildings and improvements from time to time erected on the Premises, including all Lessee Improvements. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times be for the actual full insurable replacement cost of the buildings improvements located on such Mortgaged Property and other improvements on (ii) the initial principal balance of such Mortgage Loan, or the portion thereof allocable to such Mortgaged Property, (B) business interruption or rental loss insurance for a period of not less than 12 months, (C) comprehensive general liability insurance in an amount not less than $1 million per occurrence, (D) workers' compensation insurance (if the related Mortgagor has employees and if required by applicable law), and (E) if (1) such Mortgage Loan is secured by a Mortgaged Property located in the State of California in or "seismic zone" 3 or 4 and (2) a seismic assessment revealed a maximum probable or bounded loss in excess of 20% of the amount of the estimated replacement cost of the improvements on such Mortgaged Property, regardless earthquake insurance; it is an event of default under such Mortgage Loan if the stated dollar amount of the policy. If any of the risks covered above-described insurance coverage is not maintained by the currently employed customary comprehensive general endorsement on fire 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 hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined required to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all maintained with insurance required by this Section 2.companies having "financial strength" or "claims paying

Property Insurance. At all timesOnce construction of the Improvements has commenced, Lessor shall maintain thereafter to continuously keep the Improvements and the Fixtures and Personal Property now or cause to be maintained hereafter existing, erected, installed and located in or upon the insurance below described for the benefit of Lessor and Lessee, Real Property insured against the following risks: (a) Loss loss or damage by or abatement of rental or other income resulting from all perils included within the classification of fire, windstorm, and flood, extended coverage, vandalism, malicious mischief, coverage and such other risks as may be embraced within the form of extended coverage insurancehazards, with "comprehensive special" form including endorsementcasualties and contingencies and perils on such forms, 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. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts and for such periods as may from time to time be reasonably determined required by the Lender during the term hereof. All such insurance shall be carried with such company or companies 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 necessary deposited with, held by Lessor; (d) Lessee and are hereby assigned to Lender as additional security for the indebtedness secured hereby. Each such policy of insurance shall pay within 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 days' prior written notice of receipt modification, cancellation, termination or expiration to Lender. In the event of invoiceloss by reason of the hazards, its pro-rata share of all 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, at its option, as follows, to wit: (a) to the restoration or repair of the insured Improvements, Fixtures and Personal Property provided that, in the reasonable opinion and discretion of the Lender, such restoration or repair is reasonably 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 made available by the 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, or (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 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 and by virtue of this Section 2Mortgage. In the 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. (A) At all timestimes during the Lease Term, Lessor Tenant shall maintain procure and maintain, at its sole expense, "all-risk" property insurance, for damage or other loss caused by fire or other casualty or cause to be maintained the insurance below described for the benefit of Lessor including, but not limited to, vandalism and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form theft, water damage of extended coverage insuranceany type, with "comprehensive special" form including endorsement, sprinkler leakage, insuringbursting of pipes, at all timesexplosion, in an amount not less than one hundred percent (100%) of the full replacement cost of any buildings covering (i) all Alterations made by or for Tenant in the Premises; and improvements (ii) Tenant's trade fixtures, equipment and other personal property from time to time erected on situated in the Premises. The proceeds of such insurance shall be used for the repair or replacement of the property so insured, including except that if not so applied or if, this Lease is terminated following a casualty, the proceeds applicable to the leasehold improvements shall be paid to Landlord and the proceeds applicable to Tenant's personal property shall be paid to Tenant. Tenant shall have the right, but not the obligation, to self-insure all Lessee Improvements. Lessor specifically agrees that loss or damage to the insurance policy shall contain an endorsement or appropriate provision which specifically states that Premises in the amount of coverage 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 on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but not less than the full replacement cost 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 that Landlord shall be entitled to rely thereon. If Tenant elects to self-insure, then in the event of any buildings and improvements from time to time erected on the property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined property damage or loss which is required to be necessary insured against by Lessor; (d) Lessee Tenant under this Lease, Tenant shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all repair or replace the same to the same extent as it would have been required under this Article 10 had Tenant carried the property insurance policies required by this Section 210.02(A). (B) Landlord shall, at all times during the Lease Term, procure and maintain "all-risk" property insurance in the amount not less than ninety percent (90%) of the insurable replacement cost covering the Building in which the Premises are located and such other insurance as may be required by a Mortgagee or otherwise desired by Landlord.

Property Insurance. At all timesLandlord shall purchase and keep in force, Lessor and as Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall maintain pay to Landlord (or cause to be maintained Landlord’s agent if so directed by Landlord) Tenant’s Proportionate Share of the deductibles on insurance below described for claims and the benefit cost of, policy or policies of Lessor and Lessee, against the following risks: (a) Loss insurance covering loss or damage from all to and/or destruction of the Building (excluding routine maintenance and repairs and incidental damage or destruction caused by accidents or vandalism for which Tenant is responsible under Paragraph 10) in the amount of the full replacement value thereof, providing protection against those perils included within the classification of fire, extended coverage, vandalism, malicious mischief, “all risks” “special form” insurance and such other risks as may be embraced within the form of extended coverage flood and/or earthquake insurance, with "comprehensive special" form including endorsementif available, sprinkler leakageplus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, insuring, at all times, the full replacement plus sums paid as Additional Rent. If such insurance cost is increased due to Tenant’s use of any buildings and improvements from time to time erected on the Premises, including Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in or any right to the proceeds of any insurance procured by Landlord for the Premises. In addition and notwithstanding anything to the contrary in this Paragraph 17, each party to this Lease hereby waives all Lessee Improvementsrights of recovery against the other party or its officer, employees, agents and representatives for loss or damage to its property 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 by the terms of this Lease to the extent full reimbursement of the loss/claim is received by the insured party. Lessor specifically agrees 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 contain an endorsement or appropriate provision which specifically states that the amount of coverage 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 policynot take effect until consent to such waiver is obtained. If any of such waiver is so prohibited, the risks covered by insured party affected shall promptly notify the currently employed customary comprehensive general endorsement on fire other party thereof. In the event the waivers are issued to the parties and are not valid under current policies are hereafter excluded from such endorsementand/or subsequent insurance policies, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusettsnon-complying party will provide, then to the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss or damage by explosion of steam boilerother party, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on the Premises in such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days days’ advance notification of receipt the cancellation of invoicethe subrogation waiver, its pro-rata share in which case neither party will provide such subrogation waiver thereafter and this paragraph will be null and void. The foregoing waiver of all subrogation shall not include any loss resulting from Hazardous Material contamination of the Property or any insurance required by this Section 2coverage relating thereto.

Property Insurance. At all timesIn addition, Lessor Tenant shall maintain throughout the Term property insurance on the Premises (including, without limitation, all improvements thereto hereafter made by Tenant) and all fixtures, equipment and personal property at the 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 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 the policy and “Building Ordinance & Law.” If not otherwise included within the “All Risks” coverage specified above, Tenant shall carry or cause to be maintained the insurance below described for the benefit of Lessor carried, by endorsement to such “All Risks” policy, coverage against damage due to water and Lessee, against the following risks: (a) Loss or damage from all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, and such other risks as may be embraced within the form of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all times, flood and collapse and shall be written with limits of coverage reasonably required by Landlord. The property coverage may not exclude the full replacement peril of terrorism (or Tenant must obtain a separate policy insuring the Premises against acts of terrorism). The Replacement Value shall include the cost of any buildings debris removal and improvements from time to time erected the value of grading, paving, landscaping, architects, and development fees. The policies of insurance provided for in this Section 18(b) shall name Landlord and Landlord’s Mortgagee as additional insureds and loss payees, as their respective interests may appear and shall include the interest of Landlord’s Mortgagee on the Premises, including all Lessee Improvementsa standard non-contributory mortgagee endorsement. Lessor specifically agrees that the insurance Such policy shall contain an endorsement or appropriate provision which specifically states that the amount of coverage shall at all times also be for the actual full replacement cost of the buildings and other improvements on the replacement cost of the Propertypayable, regardless of the stated dollar amount of the policy. If any of the risks covered by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded from such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business in the State of Massachusetts, then the reference above to "risks as may be embraced within the standard form of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) 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 such limits with respect to any one accident as may reasonably be determined by Lessor from time to time, but 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 amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance if required by this Section 2Landlord’s Mortgagee, to such Landlord’s Mortgagee as the interest of such Landlord’s Mortgagee may appear.

Property Insurance. At all times, Lessor Landlord shall maintain obtain and keep in force a policy or cause to be maintained the policies of insurance below described for the benefit of Lessor and Lessee, against the following risks: (a) Loss covering loss or damage from all to the Premises (including Tenant Improvements) and the Complex in the amount of the full insurable replacement value thereof, providing protection against those perils included within the classification of fire"All-Risk" insurance, extended coverageincluding 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, vandalismincluding earthquake and flood (subject to the proviso below), malicious mischiefin the amount of the Rent plus any other sums payable under the Lease (including Real Property Taxes, insurance, and other 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 other risks insurance as may be embraced within provided in Paragraph 47; provided, however, that if Landlord obtains earthquake insurance when not required to do so pursuant to the form terms of extended coverage insurance, with "comprehensive special" form including endorsement, sprinkler leakage, insuring, at all timesthe Ground Lease, the full replacement cost amount of the premium chargeable to Tenant shall not include any buildings and improvements from time to time erected on amount in excess of a commercially reasonable premium. Tenant's 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, including excluding such insurance covering tenant improvements installed for all Lessee Improvementstenants of the Complex, plus (2) the portion of the premium for such insurance covering Tenant Improvements installed for Tenant. Lessor specifically agrees that the insurance policy shall contain an endorsement or appropriate provision which specifically states that the The amount of coverage any premium charged to Tenant shall at all times be not include any amount for the actual full replacement cost tenant improvements of other tenants of the buildings and other improvements on Complex. The property insurance provided for in this paragraph shall comply with the replacement cost property insurance requirements of the PropertyAmendment, regardless Assignment, Assumption, and Consent to Assignment of Lease dated February 23, 1989 (the stated dollar amount "Ground Lease") among The Board of the policy. If any Trustees of the risks covered The Xxxxxx Xxxxxxxx Junior University ("Stanford"), Landlord, and Xxxxxxxxx Semiconductor Corporation; (provided that if Landlord obtains earthquake insurance when not required by the currently employed customary comprehensive general endorsement on fire policies are hereafter excluded Ground Lease, such insurance may be obtained from any carrier qualified to sell such endorsement, but are insurable nevertheless by separate policies regularly issued by fire or casualty companies doing business insurance in the State of Massachusetts, then the reference above California). Landlord shall assign to "risks as may be embraced within the standard form Tenant proceeds of extended coverage insurance" includes insurance coverage by such separate policy of Policies; (b) Loss for loss or damage by explosion to the Tenant Improvements, except to the extent that Landlord shall be responsible for repair or restoration of steam boiler, air conditioning equipment, pressure vessels, miscellaneous similar apparatus, or similar apparatus, now or hereafter installed on any Tenant Improvements. Tenant shall apply all such assigned proceeds to the repair and restoration of the Premises in unless the Lease is terminated pursuant to Paragraph 21. Landlord shall apply all other proceeds from such limits with respect insurance to any one accident as may reasonably be determined by Lessor from time repair and restoration of the Premises (including restoration of Tenant Improvements for which Landlord is responsible, if any) or Complex pursuant to time, but not less than the full replacement cost terms of any buildings Paragraphs 13(a) and improvements from time to time erected on the property; (c) Such other insurance and in such amounts as may from time to time be reasonably determined to be necessary by Lessor; (d) Lessee shall pay within thirty (30) days of receipt of invoice, its pro-rata share of all insurance required by this Section 221.