Common use of Subtenant’s Insurance Clause in Contracts

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Sublease, at its sole expense, the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, shall procure and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Subleasemaintain, at its sole own --------------------- cost and expense, such liability insurance as is required to be carried by Sublandlord under the following insurance: A. Property Prime Lease, [Sublease of Entire Premises] ----------------------------- naming as additional insureds Sublandlord, Prime Landlord and any others required by Prime Landlord, and such property insurance against loss as is required to be carried by fire and other hazards covered by Sublandlord under the so-called “all-risk” or “special form” policy on a full replacement cost basis covering Prime Lease to the extent such property insurance pertains to the Premises. B. Commercial general liability insurance covering all acts of Subtenant. If the Prime Lease requires Sublandlord to insure leasehold improvements or alterations, its employees, agents, representatives, and guests on or about then Subtenant shall insure such leasehold improvements that are located in the Premises, as well as alterations in the Premises made by Subtenant. Subtenant shall furnish to Sublandlord a combined single limit amount certificate of Subtenant's insurance required hereunder not later than ten (10) days prior to the Commencement Date and new certificates annually thereafter, but in no event less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier expiration of (i) the date current certificate. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party's property insurance; each party shall obtain from its insurance carrier a waiver of its right of subrogation. Subtenant desires hereby waives claims against Prime Landlord and Sublandlord for property damage to access the Premises or its contents if and to the extent that Sublandlord waives such claims against Prime Landlord under Section 6.2 or (ii) within thirty (30) days the Prime Lease. Subtenant shall obtain, for the benefit of Prime Landlord and Sublandlord, such waivers of subrogation rights from its insurer as are required of Sublandlord under the Rent Commencement Date and upon written request by SublandlordPrime Lease. If Subtenant fails Sublandlord shall continue to comply with its obligations under the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms Prime Lease with its insurance requirements set forth in this Section 16.1respect to maintaining insurance.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, shall procure and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Subleasemaintain, at its sole own --------------------- cost and expense, the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general such liability insurance covering all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A)carried by Sublandlord under the Prime Lease, (B)naming as additional insureds Sublandlord, (D)Prime Landlord and any others required by Prime Landlord, and (E) shall name such property insurance as is required to be carried by Sublandlord and Sublandlord’s lender as a named insured under the Prime Lease to the extent such property insurance pertains to the Subleased Premises. If the Prime Lease requires Sublandlord to insure leasehold improvements or alterations, then Subtenant shall insure such leasehold improvements that are located in the Subleased Premises, as well as alterations in the Subleased Premises made by Subtenant. Subtenant shall furnish to Sublandlord a certificate of Subtenant’s indemnification obligations set forth in Section 16.1. The 's insurance Subtenant is required to maintain pursuant to Section 16.1 hereunder not later than ten (A10) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured days prior to the extent their interests appear. Subtenant’s coverages will be primary Commencement Date and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for new certificates annually thereafter, but in no event less than thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days expiration of the Rent Commencement Date current certificate. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party's property insurance; each party shall obtain from its insurance carrier a waiver of its right of subrogation. Subtenant hereby waives claims against Prime Landlord and upon written request by Sublandlord for property damage to the Subleased Premises or its contents if and to the extent that Sublandlord waives such claims against Prime Landlord under the Prime Lease. Subtenant shall obtain, for the benefit of Prime Landlord and Sublandlord, such waivers of subrogation rights from its insurer as are required of Sublandlord under the Prime Lease. If Subtenant fails Sublandlord shall continue to comply with its obligations under the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms Prime Lease with its insurance requirements set forth in this Section 16.1respect to maintaining insurance.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, shall maintain and to carry keep in full force and effect from during the date Subtenant accesses the Premises through the Term term of this Sublease, at its sole own cost and expense, to protect Overlandlord, Sublandlord, any superior mortgagee or superior lessor (so long as Sublandlord provides Subtenant with the following insurance: A. Property names and addresses of any such superior mortgagees or superior lessor), any other parties set forth in the Xxxxxxxxx, and any other parties whose names shall have been furnished to Subtenant from time to time and Subtenant, as additional insureds, the insurance against loss policies required to be held by fire “Tenant” under the applicable provisions of Section 17 of the Xxxxxxxxx, regardless of whether such provisions have been incorporated herein, and other hazards covered by such policies shall comply with the so-called “all-risk” or “special form” policy on a full replacement cost basis covering requirements of Section 17 of the Premises. B. Commercial Xxxxxxxxx, provided that Subtenant’s commercial general liability insurance covering policy shall be required to cover only the Sublease Premises, on the condition that Subtenant hereby covenants and represents that its commercial general liability policy will cover all acts liabilities of Subtenant, Subtenant and its employeesofficers, agents, representatives, and guests on employees regardless of where in the Building such individual’s liability arises or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In where the event related to such liability occurs. All commercial general liability insurance procured by Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by under this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Overlandlord, Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations , any superior lessor, any superior mortgagee, any other parties set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary Xxxxxxxxx, and any coverage maintained by other parties whose names shall have been furnished to Subtenant from time to time, as their respective interests may appear as additional insureds (so long as Sublandlord will provides Subtenant with the names and addresses of such superior mortgagees or lessors). Subtenant shall be secondary and solely responsible for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All the payment of Subtenant’s insurance shall provide premiums for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance policies. Duly executed certificates of insurance shall be delivered to Sublandlord prior to the earlier Commencement Date of (i) the date this Sublease. Evidence of each renewal or replacement of a policy shall be delivered by Subtenant desires to access the Premises under Section 6.2 or (ii) within Sublandlord at least thirty (30) days prior to the expiration of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1such policy, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay cause the insurance carriers to agree to provide Overlandlord and Sublandlord with written notice thirty (30) days prior to the premium therefor upon demand until expiration of such time policy if such policy has not been renewed or replaced. Subtenant shall not cause or permit any action or condition that Subtenant conforms would invalidate or conflict with its Overlandlord’s or Sublandlord’s insurance requirements set forth in this Section 16.1policies.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Sublease15.1 Subtenant, at its sole cost and expense, shall maintain or cause to be maintained from and after the following Commencement Date and throughout the Term, all insurance required of tenant under the Master Lease. Sublandlord and Master Landlord, shall be named as loss payees under such insurance: A. Property . Subtenant shall provide to Sublandlord in connection with the initial issuance and the annual renewal of the policy or policies of insurance against loss carried by fire and other hazards covered by Subtenant hereunder a certificate of the so-called “all-risk” or “special form” insurance company issuing such policy on a that such policy provides full replacement cost basis covering coverage to cover 100% of the Premises. B. Commercial general liability actual cost which would be required to replace the property covered by such insurance. Such policy or policies of insurance covering all acts of Subtenantshall (a) name Sublandlord and Master Landlord as additional insureds, its employees(b) be non-assessable, agentsprimary and non-contributory with any policies carried by Sublandlord and Master Landlord, representatives, and guests on or about (c) provide that the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but same may not be limited to, coverage for bodily injury, property damage, personal liability, canceled or materially amended except upon thirty (30) days’ prior written notice to Sublandlord and contractual liability applying Master Landlord and (d) be issued on an occurrence basis. Prior to this Sublease. C. Such property the time such insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance first required to be furnished pursuant to Section 16.1 (A), (B), (D), carried by Subtenant and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thereafter at least thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier expiration of (i) any such policy, Subtenant shall deliver to Sublandlord certificates evidencing all required insurance. 15.2 Subtenant hereby waives on behalf of itself and on behalf of its insurers any and all rights of recovery against Sublandlord, Master Landlord and the date officers, employees, agents and representatives of Sublandlord or Master Landlord on account of loss or damage occasioned to Subtenant desires to access or its property or the Premises properties of others under Section 6.2 its control caused by fire or (ii) within thirty (30) days any of the Rent Commencement Date and upon written request by Sublandlordextended coverage risks described hereunder to the extent that such loss or damage is insured under any insurance policy in force at the time of such loss or damage or required to be carried hereunder. If Subtenant fails to comply with the requests of this Section 16.1necessary for its effectiveness, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with give notice to its insurance requirements set forth carrier of the foregoing waiver of subrogation. Sublandlord hereby waives on behalf of itself and on behalf of its insurers any and all rights of recovery against Subtenant and its officers, employees, agents and representatives on account of damage to the Sublandlord or its property or the properties of others under its control caused by fire or any of the extended coverage risks described herein to the extent that such loss or damage is insured under any insurance policy in this Section 16.1force at the time of such loss or damage or required to be carried hereunder.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, shall procure and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Subleasemaintain, at its sole expenseown cost and expense and unless the Prime Landlord shall agree to lesser limits and coverage, the following insurance: A. Property insurance against loss by fire such commercial general liability and other hazards covered insurance as is required to be carried by Sublandlord under the so-called “all-risk” or “special form” policy on a full replacement cost basis covering Prime Lease as it relates to the Premises. B. Commercial , naming Sublandlord as well as Prime Landlord, Prime Landlord’s managing agent and any mortgagee or other additional insureds designated by Sublandlord or the Prime Landlord of which Subtenant shall have had notice, in the manner required therein. However, for the purposes hereof it is agreed that the limit of Subtenant’s commercial general liability insurance covering all acts of Subtenantshall be $5 million per annum, combined single limit. Unless the Prime Landlord agrees to waive or permit lesser coverage and limits, Subtenant shall also procure and maintain, at its employeesown cost and expense, agentssuch property insurance as is required to be carried by Sublandlord under the Prime Lease, representatives, and guests on or about to the extent such property insurance pertains to the Premises, in its contents, or both. Subtenant shall furnish to Sublandlord a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on certificate evidencing Subtenant’s own Fixturesinsurance coverage required hereunder, inventory and other personal property together with actual copies of Subtenant as Subtenant determines all endorsements to be appropriate. D. In the event Subtenant serves alcohol on the PremisesSubtenant’s policies, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if not later than ten (10) days prior to Subtenant’s taking possession of the Premises is federally designated and thereafter, when and as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All amended or replaced, with copies of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A)policies, (B)or applicable provisions thereof, (D), and (E) shall name Sublandlord and following Sublandlord’s lender written request therefor from time to time for reasonable cause (including, without limitation, in connection with the adjustment of any claim relating to Subtenant or the Premises). Subtenant agrees to obtain, for the benefit of Sublandlord, the Prime Landlord, its managing agent, any mortgagee or other Additional Insureds designated by the Prime Landlord of which Subtenant shall have had notice, such waivers of subrogation rights from its insurers) as are required of Sublandlord under the Prime Lease. Sublandlord agrees to obtain for the benefit of Subtenant a named insured waiver from its insurer(s) of its right of subrogation. Sublandlord agrees to use commercially reasonable efforts to obtain from the Prime Landlord a waiver of claims for insurable property damage losses and an agreement from the Prime Landlord to obtain a waiver of subrogation rights in the Prime Landlord’s property insurance, if and to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant that the Prime Landlord waives such claims against Sublandlord under the Prime Lease or is required under the Prime Lease to maintain pursuant obtain such waiver of subrogation rights. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party’s property insurance. Subtenant hereby waives claims against the Prime Landlord and Sublandlord for property damage to Section 16.1 (A) the Premises or its contents if and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appearthat Sublandlord waives such claims against the Prime Landlord under the Prime Lease. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior Anything herein to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1contrary notwithstanding, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord obtain and maintain in force such additional insurance coverage, including terrorism insurance, and shall increase the premium therefor upon demand until such limits of coverage herein provided as the Prime Landlord may from time that Subtenant conforms with its insurance requirements set forth in this Section 16.1to time require pursuant to the Prime Lease.

Subtenant’s Insurance. (a) All insurance required to be carried by Subtenant agrees hereunder shall be issued by responsible insurance companies reasonably acceptable to purchase, Sublandlord and Sublandlord’s lender and qualified to do business in advancethe State of Washington. Each policy of liability insurance shall name Sublandlord, and at Sublandlord’s request any mortgagee of Sublandlord, as an additional insured. Each policy shall contain (i) a cross-liability endorsement, (ii) a provisions that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to carry in full force any policies carried by Sublandlord and effect from that any coverage carried by Sublandlord shall be excess insurance, and (iii) with respect to property insurance policies only, a waiver by the insurer of any right of subrogation against Sublandlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Sublandlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or an XXXXX certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be Multi-Tenant Lease Triple Net Page 17 delivered to Sublandlord before the date Subtenant accesses is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Sublandlord therefore. Sublandlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Subtenant hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Sublandlord and Sublandlord’s lender. Subtenant shall furnish Sublandlord with renewals or “binders” of any such policy at least ten (10) days prior to the expiration thereof. Subtenant agrees that if Subtenant does not take out and maintain such insurance, Sublandlord may (but shall not be required to) procure said insurance on Subtenant’s behalf and charge the Subtenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Subtenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Subtenant, provided such blanket policies expressly afford coverage to the Premises, Sublandlord, Sublandlord’s mortgagee and Subtenant as required by this Sublease. (b) Beginning on the date Subtenant is given access to the Premises through for any purpose and continuing until the Term expiration of this Subleasethe Term, at its sole expenseSubtenant shall procure, the following insurance: A. Property pay for and maintain in effect policies of property insurance against loss covering (i) all leasehold improvements (including any alterations, additions or improvements that may be made by fire Subtenant), and (ii) trade fixtures, merchandise and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering all acts of Subtenantpersonal property from time to time in, its employees, agents, representatives, and guests on or about the Premises, in the amount not less than one hundred percent (100%) of their actual replacement cost from time to time, providing protection against any peril included within the classification “Fire and Extended Coverage” together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Sublease following a casualty as set forth herein, the proceeds under (i) shall be paid to Sublandlord, and the proceeds under (ii) above shall be paid to Subtenant. (c) Beginning on the date Subtenant is given access to the Premises for any purpose and continuing until the expiration of the Term, Subtenant shall procure, pay for and maintain in effect workers’ compensation insurance as required by law and comprehensive public liability and property damage insurance with respect to the construction of improvements on the Premises, the use, operation or condition of the Premises and the operation of Subtenant in, on or about the Premises, providing personal injury and broad from property damage coverage for not less than One Million Dollars ($1,000,000.00) combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, death and property damage, personal damage liability, and contractual liability applying to this Sublease. C. Such property (d) Subtenant shall deposit the policy or policies of such required insurance on Subtenant’s own Fixturesor XXXXX certificates thereof with Sublandlord prior to the Commencement Date, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) which policies shall name Sublandlord and Sublandlord’s lender designee as a additional named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as also contain a named insured to the extent their interests appear. Subtenant’s coverages will provision stating that such policy or Multi-Tenant Lease Triple Net Page 18 policies shall not be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for canceled or materially altered except after thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to Sublandlord. (e) Not less than every three (3) years during the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1Term, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that mutually agree to increases in all Subtenant’s insurance policy limits for all insurance carried by Subtenant conforms with its insurance requirements as set forth in this Section 16.1. In the event Sublandlord and Subtenant cannot mutually agree upon the amounts of said increases, then Subtenant agrees that all insurance policy limits as set forth in this Section 16.1 shall be adjusted for increases in the same proportion as Monthly Base Rent.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, and to carry shall maintain in full force and effect from the date Subtenant accesses the Premises through the Term a policy or policies of this Sublease, at its sole expense, the following insuranceinsurance as follows: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount with coverage limits of not less than Two Million the combined single limit for bodily injury, personal injury, death and No/100 Dollars (U.S. property damage liability per occurrence in the amount of $2,000,000.00)5,000,000 or the current limit carried by Subtenant, which policy whichever is greater, insuring against any and all liability of the insureds with respect to the Premises or arising out of the maintenance, use or occupancy of the Premises or related to the exercise of any rights of Subtenant pursuant to this Sublease, subject to increases in amount as Sublandlord may reasonably require from time to time. All such commercial general liability insurance shall include, but not be limited to, coverage for bodily personal injury, property damage, personal blanket contractual liability, products/completed operations, broad form property damage liability and contractual independent contractors liability. Each commercial general liability applying policy shall also include a severability of interests clause. Additionally, Subtenant shall be required to this Subleasepurchase and maintain automobile liability insurance covering all owned, nonowned and hired automobiles. B. Worker's compensation coverage as required by Laws, including employer's liability coverage, with a limit of not less than One Million Dollars ($1,000,000.00) and waiver by Subtenant's insurer of any right of subrogation against Sublandlord by reason of any payment pursuant to such coverage. C. Such property Business interruption or loss of income insurance on in amounts sufficient to insure Subtenant’s own Fixtures, inventory and other personal property 's business operations for a period of Subtenant as Subtenant determines to be appropriatenot less than one (1) year. D. In Property insurance covering the event Subtenant serves alcohol on Improvements, betterments, and Alterations at the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on not less than their full replacement cost (the Building if the "Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (DProperty Insurance"), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent property insurance covering all of Subtenant’s indemnification obligations set forth 's trade fixtures, merchandise and personal property in Section 16.1an amount not less than their full replacement value from time to time. The All such insurance Subtenant is required to maintain pursuant to Section 16.1 coverage shall provide protection against perils covered in the ISO "Causes of Loss – Special Form" (Aform CP 10 30) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appearsprinkler leakage. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance Any policy proceeds shall be delivered to Sublandlord prior to used for the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 repair or (ii) within thirty (30) days replacement of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1property damaged or destroyed.

Subtenant’s Insurance. Subtenant agrees to purchase, shall maintain throughout the term of this Sublease (i) commercial general public liability insurance in advancerespect of the Office Space and all appurtenant areas and the conduct and operation of business therein, and to carry in full force the acts and effect from the date Subtenant accesses the Premises through the Term of this Sublease, at its sole expense, the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering all acts omissions of Subtenant, its employees, agents, representativesemployees and contractors, with Sublessor and guests on the Landlord under the Prime Lease as additional insureds, as primary coverage over any insurance carried by Sublessor or about the PremisesLandlord under the Prime Lease, in a combined single limit amount with limits of not less than Two Million $1,000,000 per occurrence and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage 2,000,000 general aggregate limit for personal or bodily injury, death and property damage, personal liability, endorsed to provide coverage for fire legal liability and contractual liability applying to for Subtenant's indemnity obligations under this Sublease. C. Such , and water damage and sprinkler leakage legal liability; (ii) all-risk property insurance on with endorsements for vandalism and malicious mischief, water damage and sprinkler leakage, for the full replacement value of Subtenant’s own Fixtures's inventory, inventory equipment, trade fixtures and other personal property of Subtenant located in the Office Space; and (iii) such other insurance, in such amounts and against such risks as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance Sublessor specifies in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”writing. Subtenant may maintain reasonable deductibles on shall deliver to Sublessor a fully paid-for policy or certificate prior to the Commencement Date. Subtenant shall procure and pay for renewals of such insurance required by this Section 16.1. All of Subtenant’s insurance required from time to be furnished pursuant to Section 16.1 (A), (B), (D)time before the expiration thereof, and (E) Subtenant shall name Sublandlord and Sublandlord’s lender as a named insured deliver to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for Sublessor such renewal policy or certificate at least thirty (30) days written notice before the expiration of any existing policy. All such policies shall be issued by companies rated not lower than "B+ Class X" by A.M. Best Co. licensed to Sublandlord prior to cancellation or non-renewal. Certificates of do business in the state in which the Office Space is located, and all such insurance policies shall contain a provision whereby the same cannot be delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 canceled or (ii) within modified unless Sublessor is given at least thirty (30) days days' prior written notice by certified or registered mail of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1cancellation or modification.

Subtenant’s Insurance. Subtenant shall procure and maintain, at its own cost and expense and unless the Prime Landlord shall agree to lesser limits and coverage, such commercial general liability and other insurance as is required to be carried by Sublandlord under the Prime Lease as it relates to the Premises, naming as additional insureds Sublandlord as well as Prime Landlord, Prime Landlord’s managing agent, Sublandlord’s managing agent, and any mortgagee designated in writing by Sublandlord or the Prime Landlord of which Subtenant shall have had notice, in the manner required therein. However, for purposes hereof it is agreed that the limit of Subtenant’s commercial general liability insurance shall be $5 million per annum, combined single limit. Unless the Prime Landlord agrees to waive or permit lesser coverage and limits, Subtenant shall also procure and maintain, at its own cost and expense, such property insurance, including, without limitation, on Subtenant’s furniture, trade fixtures and equipment within the Premises (and any leasehold improvements made by Subtenant after the date of this Lease) as is required to be carried by Sublandlord under the Prime Lease with respect to the Premises. Sublandlord will be responsible for maintaining or causing to maintain property insurance on any leasehold betterments or improvements made in or to the Premises prior to the date hereof, with the cost thereof being part of Operating Expenses hereunder. Subtenant shall furnish to Sublandlord a certificate evidencing Subtenant’s insurance coverage required hereunder not later than ten (10) days prior to Subtenant’s taking possession of the Premises and thereafter, when and as amended or replaced, following Sublandlord’s written request therefor from time to time in connection with the adjustment of any claim relating to Subtenant or the Premises. Subtenant agrees to purchaseobtain, for the benefit of Sublandlord, the Prime Landlord, its managing agent, any mortgagee or other Additional Insureds designated by the Prime Landlord of which Subtenant shall have had notice, such waivers of subrogation rights from its insurers) as are required of Sublandlord under the Prime Lease. Sublandlord agrees to obtain for the benefit of Subtenant a waiver from its insurer(s) of their respective right of subrogation, subject to and in advance, accordance with the terms and provisions of the Prime Lease. Sublandlord agrees to carry in full force and effect use commercially reasonable efforts to obtain from the date Subtenant accesses Prime Landlord a waiver of claims for insurable property damage losses and an agreement from the Premises through Prime Landlord to obtain a waiver of subrogation rights in the Term of this SubleasePrime Landlord’s property insurance, at its sole expense, the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant that the Prime Landlord waives such claims against Sublandlord under the Prime Lease or is required under the Prime Lease to maintain pursuant obtain such waiver of subrogation rights. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party’s property insurance. Subtenant hereby waives claims against the Prime Landlord and Sublandlord for property damage to Section 16.1 (A) the Premises or its contents if and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appearthat Sublandlord waives such claims against the Prime Landlord under the Prime Lease. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior Anything herein to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1contrary notwithstanding, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord obtain and maintain in force such additional insurance coverage, including terrorism insurance, and shall increase the premium therefor upon demand until such limits of coverage herein provided as the Prime Landlord may from time that Subtenant conforms with its insurance requirements set forth in this Section 16.1to time require pursuant to the Prime Lease.

Subtenant’s Insurance. (A) At all times during the term, Subtenant agrees to purchase, in advance, will carry and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Subleasemaintain, at its Subtenant's sole cost and expense, the following insurance, in the amounts specified below, with insurance companies and on forms satisfactory to Sublandlord: A. Property (i) Bodily injury and property damage liability insurance, with a combined single occurrence limit of not less than $1,000,000 (with an overriding umbrella coverage for excess liability of not less than $2,000,000.00 in the aggregate). All such insurance against loss will be equivalent to coverage offered by fire and other hazards covered by the so-called “all-risk” or “special a Commercial General Liability form” policy on , with a full replacement cost basis broad form comprehensive liability endorsement covering the Premises, including, without limitation, premises-operations, personal injury and contractual liability. B. Commercial general liability insurance (ii) Insurance covering all acts of Subtenant's furniture and trade fixtures, its employeesmachinery, agentsequipment, representativesstock and any other personal property owned and used in Subtenant's business and found in, and guests on or about the Subleased Premises, in a combined single limit an amount of not less than Two Million the full replacement cost. Property forms will provide coverage on a broad form basis insuring against "all risks of direct physical loss." (iii) Worker's compensation insurance insuring against and No/100 Dollars (U.S. $2,000,000.00)satisfying Subtenant's obligations and liabilities under the worker's compensation laws of the state in which the Subleased Premises are located, which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual including employer's liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance limits required by this Section 16.1. All the laws of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth state in Section 16.1. The insurance Subtenant which the Property is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thirty (30) days written notice to Sublandlord prior to cancellation or non-renewallocated. Certificates of all such insurance insurance, together with copies of the endorsements when applicable, shall be delivered to Sublandlord prior to Subtenant's occupancy of the Subleased Premises and from time to time at least 10 days prior to the expiration of the term of each such policy. Subtenant's insurance policies may provide for umbrella coverage. All Commercial General Liability or comparable policies maintained by Subtenant shall name Sublandlord, Master Landlord and Master Landlord's managing agent as additional insureds. All such policies maintained by Subtenant will provide that they may not be terminated, nor may coverage be reduced, except after 30 days' prior written notice to Sublandlord. All Commercial General Liability and property policies maintained by Subtenant will be written as primary policies, not contributing with and not supplemental to the coverage that Sublandlord may carry. All insurance required to be maintained by Subtenant pursuant to this Sublease shall be maintained with responsible companies qualified to do business, and in good standing, in the Commonwealth of Massachusetts and which have a rating of at least "A-" and are within a financial size category of not less than "Class VIII" in the most current Best's Key Rating Guide or such similar ratings as may reasonably be selected by Master Landlord if such Guide is no longer published. Notwithstanding the foregoing, and only in the event that the Commencement Date has passed but a Certificate of Occupancy for the Subleased Premises has not yet been issued, Subtenant shall be relieved of its obligations under this Article 11 until the earlier of the (i) the date Subtenant desires to access on which a Certificate of Occupancy is issued for the Premises under Section 6.2 Subleased Premises, or (ii) within thirty the date on which Subtenant exercises any right of Construction Early Entry or Early Occupancy pursuant to Article 3 above. (30B) days Any insurance carried by either Subtenant or Sublandlord with respect to the Subleased Premises or property therein or occurrences thereon, shall, if it can be so written without additional premium or with an additional premium which the other party agrees to pay, include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Subtenant and Sublandlord, each on their own behalf, hereby waives any rights of recovery against the other for injury or loss due to hazards covered by such insurance to the extent of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain coverage received under such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1policy.

Subtenant’s Insurance. (a) Subtenant agrees to purchase, in advance, and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Subleaseshall, at its sole own expense, obtain and keep in force during the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial general liability insurance covering term of this Sublease all acts of Subtenant, its employees, agents, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s insurance required to be furnished maintained by Sublandlord as tenant, pursuant to Section 16.1 (A), (B), (D), the terms of the Master Lease. Such policies shall include a contractual liability endorsement covering Subtenant’s obligation under Article 7 and (E) any other indemnification clause set forth herein expressly or by incorporation of the terms of the Master Lease. All liability policies of insurance required to be maintained by Subtenant hereunder shall name Sublandlord and Sublandlord’s lender Master Landlord as a named insured to the extent additional insureds. All policies of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant be maintained by Subtenant hereunder shall include a provision requiring the insurer to Section 16.1 (A) and (E) shall name endeavor to notify Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for Master Landlord at least thirty (30) days written notice prior to any cancellation or reduction in coverage amounts required by this Sublease, and shall in all other respects be in accordance with the terms of the Master Lease. Notwithstanding the rating requirements set forth in the Master (b) As soon as available following the execution of this Sublease, Subtenant shall deliver to Sublandlord prior certificates of insurance evidencing the insurance required by the terms of this Sublease upon standard liability Xxxxx forms, with separate endorsements as to cancellation all required additional insureds. Notwithstanding anything in this Sublease to the contrary, Subtenant shall not be entitled to enter upon or non-renewal. Certificates conduct activities within the Subleased Premises until such evidence of all such insurance shall be has been delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. Such prohibition on Subtenant’s entry shall in no way suspend, xxxxx or diminish Subtenant’s obligations under this Sublease, including the obligation to pay Rent, while such evidence of insurance is pending. (c) If Subtenant fails to comply with procure and maintain the requests of this Section 16.1insurance hereunder, Sublandlord may, but at its option, procure and maintain the same and Subtenant shall reimburse Sublandlord on demand for the reasonable costs of said insurance. Subtenant acknowledges that Sublandlord will not carry insurance on Subtenant’ furnishings, fixtures or equipment and Subtenant agrees that Sublandlord will not be obligated to, obtain such insurance and keep to repair any damage thereto or replace the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1same.

Subtenant’s Insurance. Subtenant agrees to purchase, in advance, and to carry in full force and effect from the date Subtenant accesses the Premises through the Term of this Sublease(a) Subtenant, at its sole cost and expense, shall maintain or cause to be maintained from and after the following insurance: A. Property Commencement Date and throughout the Term, the commercial general liability and umbrella liability insurance against loss by (including premises operation, bodily injury, automobile operation, personal injury, death, products, and completed operations, broad form contractual liability and broad form property damages), a policy or policies of All Risk or Special Form fire and other hazards covered by casualty insurance (including sprinkler leakage and water damage coverage) insuring the so-called “all-risk” or “special form” policy on a full replacement cost basis covering of all existing improvements in the Premises. B. Commercial general liability insurance covering Sublease Premises on the Commencement Date, all acts Alterations and all of Subtenant’s moveable furniture, its employeesfixtures, agentsequipment, representatives, and guests on or about the Premises, in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which policy shall include, but not be limited to, coverage for bodily injury, property damage, personal liability, and contractual liability applying to this Sublease. C. Such property insurance on Subtenant’s own Fixtures, inventory trade fixtures and other personal property in the Subleased Premises (collectively, “Tenant’s Insured Property”) and worker’s compensation and employer’s liability insurance, all in the amounts and otherwise satisfying the requirements of Subtenant Section 11of the Original Lease. Sublandlord, Master Landlord, Master Landlord’s managing agent/property manager and Master Landlord’s lenders (if any) shall be named as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol additional insureds on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance required by this Section 16.1. All of Subtenant’s liability policies. Prior to the time such insurance is first required to be furnished pursuant to Section 16.1 (A), (B), (D), carried by Subtenant and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for thereafter at least thirty (30) days written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier expiration of any such policy, Subtenant shall deliver to Sublandlord certificates evidencing all required insurance. (ib) Subtenant hereby waives on behalf of itself and on behalf of its insurers any and all rights of recovery against Sublandlord, Master Landlord and the date officers, employees, agents and representatives of Sublandlord or Master Landlord on account of loss or damage occasioned to Subtenant desires to access or its property or the Premises properties of others under Section 6.2 its control caused by fire or (ii) within thirty (30) days any of the Rent Commencement Date and upon written request by Sublandlordextended coverage risks described hereunder to the extent that such loss or damage is insured under any insurance policy in force at the time of such loss or damage or required to be carried hereunder. If Subtenant fails to comply with the requests of this Section 16.1necessary for its effectiveness, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with give notice to its insurance requirements set forth carrier of the foregoing waiver of subrogation. Sublandlord hereby waives on behalf of itself and on behalf of its insurers any and all rights of recovery against Subtenant and its officers, employees, agents and representatives on account of damage to the Sublandlord or its property or the properties of others under its control caused by fire or any of the extended coverage risks described herein to the extent that such loss or damage is insured under any insurance policy in this Section 16.1force at the time of such loss or damage or required to be carried hereunder.

Subtenant’s Insurance. a. Subtenant agrees to purchase, in advance, provide at its sole cost and expense before the Commencement Date and to carry keep in force at all times during the term of this Sublease (i) “special risk” property insurance covering the full force replacement value of Subtenant’s personal property (including all of Subtenant’s furniture, fixtures, equipment, supplies and effect from inventory, excluding any such items that are owned by Sublandlord and lease to Subtenant pursuant to the date Subtenant accesses the Premises through the Term terms of this Sublease) and improvements and betterments in the Subleased Premises constructed by Subtenant, at its sole expense, the following insurance: A. Property insurance against loss by fire and other hazards covered by the so-called “all-risk” or “special form” policy on a full replacement cost basis covering the Premises. B. Commercial (ii) comprehensive general liability insurance covering all acts (a/k/a public liability insurance) with a combined single limit of One Million Dollars ($1,000,000), which shall include contractual liability coverage, in respect of Subtenant’s conduct and operation of its business in the Building and umbrella or excess liability insurance, on an occurrence basis, that applies excess of the comprehensive general liability insurance, with a combined single limit of Four Million Dollars ($4,000,000); and (iii) workers compensation insurance as required by applicable law. All insurance required hereunder shall comply with the requirements, if any, set forth in the Ground Lease. On or before the Commencement Date and thereafter upon the reasonable request of Sublandlord not more often than once in any six (6) month period, Subtenant shall deliver to Sublandlord reasonably acceptable insurance certificates evidencing such policies and issued by insurers that are reasonably acceptable to Sublandlord. With respect to the aforementioned comprehensive general liability insurance policy, Sublandlord, Landlord, Stanford and their mortgagees, if any, shall be named as additional insureds. The limits of any such insurance described herein shall not limit the liability of Subtenant under the terms of this Sublease. Notwithstanding anything contained in this Sublease to the contrary, Sublandlord shall have no liability for any damage, loss, theft or injury to (i) any furniture, fixtures, equipment, inventory, improvements or betterments or other personal property of Subtenant, its employees, agents, representatives, and guests or (ii) any vehicle on or about the Demised Premises, including any vehicle in a combined single limit amount of not less than Two Million and No/100 Dollars (U.S. $2,000,000.00), which the parking lot. Each insurance policy described in this section shall include, but not be limited to, coverage for bodily injury, property damage, personal liabilityissued by an insurance company reasonably acceptable to Sublandlord, and contractual liability applying to this Sublease. C. Such property Subtenant shall not materially reduce coverage, cancel or terminate any insurance on Subtenant’s own Fixtures, inventory and other personal property of Subtenant as Subtenant determines to be appropriate. D. In the event Subtenant serves alcohol on the Premises, so-called “dramshop” insurance in an amount consistent with industry standards. X. Xxxxx insurance on the Building if the Premises is federally designated as a “special flood hazard area”. Subtenant may maintain reasonable deductibles on the insurance policy required by this Section 16.1. All of Subtenant’s insurance required to be furnished pursuant to Section 16.1 (A), (B), (D), and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent of Subtenant’s indemnification obligations set forth in Section 16.1. The insurance Subtenant is required to maintain pursuant to Section 16.1 (A) and (E) shall name Sublandlord and Sublandlord’s lender as a named insured to the extent their interests appear. Subtenant’s coverages will be primary and any coverage maintained by Sublandlord will be secondary and solely for Sublandlord’s benefit if Sublandlord elects to maintain any coverage. All of Subtenant’s insurance shall provide for hereunder without thirty (30) days prior written notice to Sublandlord prior to cancellation or non-renewal. Certificates of all such insurance shall be delivered to Sublandlord prior to the earlier of (i) the date Subtenant desires to access the Premises under Section 6.2 or (ii) within thirty (30) days of the Rent Commencement Date and upon written request by Sublandlord. If Subtenant fails to comply with the requests of this Section 16.1, Sublandlord may, but shall not be obligated to, obtain such insurance and keep the same in effect and Subtenant shall pay Sublandlord the premium therefor upon demand until such time that Subtenant conforms with its insurance requirements set forth in this Section 16.1.