Common use of Tenant Insurance Clause in Contracts

Tenant Insurance. (a) To maintain in force during currency of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant's obligations under the paragraph captioned "Indemnification", on or before the time Tenant and/or its contractors enter the Premises and insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Two Million Dollars ($5,000,000.00) (including bodily injury and property damage2,000,000.00), tenantwhich limit shall be reasonably increased during the Lease Term at Landlord's legal liability, cross request to reflect both increases in liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the exposure arising from inflation as well as from changing use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in Premises or changing legal liability standards, which policy shall be payable on an amount equal to the full replacement value thereof; "occurrence" rather than a "claims made" basis, and which policy names Landlord and Manager and (iii) any other insurance that the Landlord (or the , at Landlord's mortgageerequest Landlord's mortgage lender(s) or investment advisors, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itselfas additional insureds; (b) That A policy of extended property insurance (which is commonly called "all Tenant's insurance required hereunder shall be with insurers risk") covering Tenant Improvements, Tenant Alterations, and upon terms any and conditions to all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the Landlord has no reasonable objection. Copies then current replacement value of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request;such property; and (c) That all policies of Business interruption insurance in an amount sufficient to be maintained by the Tenant shallcover costs, in the case of general liability insurancedamages, include the Landlord (andlost income, where applicableexpenses, the Landlord's mortgagee) as additional insured andBase Rent, in the case of Additional Rent and all other insurance coveragesums payable under this Lease, contain a waiver by the insurer and Tenant of should any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees all of the Landlord. Premises not be usable for a period of up to six (6) months. 4.13.2 All such insurance policies required under this paragraph shall also contain a provision prohibiting the insurer from cancelling be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation or altering the insurance reduction in coverage without first giving the Landlord except after thirty (30) days prior days' written notice thereof;to Landlord. Tenant shall deliver to Landlord and, at Landlord's request Landlord's mortgage lender(s), prior to the Commencement Date and from time to time thereafter, certificates evidencing the existence and amounts of all such policies. (d) That if the 4.13.3 If Tenant fails to take out acquire or maintain in force any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be required to, obtain such insurance, the Landlord may take out the necessary insurance and pay the premium therefor or certificates and the Tenant shall pay to the Landlord the amount of costs associated with obtaining such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under the paragraph captioned “Indemnification”, insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00), which limit shall be reasonably increased during the Lease Term at Landlord’s request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Tenant's expense Premises or changing legal liability standards, which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord, Bentall Xxxxxxx (U.S.) LP, the Manager and, at Landlord’s request, Landlord’s mortgage lender(s) and/or investment advisors, as additional insureds; (b) A policy of extended property insurance policies (which is commonly called “all risk”) covering all Specialty Tenant Improvements, Tenant Alterations (including Telecommunication Facilities), and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement cost of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; (id) comprehensive general A policy of worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent1,000,000.00); and (e) That if both the If applicable, unless covered under Landlord’s commercial general liability insurance required under Paragraph 4.13.1(a) hereof, a policy of comprehensive automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this paragraph shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage except after thirty (30) days’ written notice to Landlord. Prior to the Commencement Date and from time to time thereafter, Tenant have claims shall deliver to Landlord, Bentall Xxxxxxx (U.S.) LP, the Manager, and, at Landlord’s request, any other parties hereunder required to be indemnified under named as additional insureds, certificates evidencing the existence and amounts of all such policies. 4.13.3 If Tenant fails to acquire or maintain any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be required to, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. Tenant, at its own expense, shall provide and keep in force with companies reasonably acceptable to Landlord or Landlord's lender/beneficiary the following insurance policies: (a) To maintain in force during currency of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive Broad form commercial general liability insurance, or equivalent, written on an occurrence form against liability for bodily injury and property damage arising out of or in connection with the use, occupancy or maintenance by Tenant of the Premises (including, without limitation, personal injury coverage and contractual liability insurance specifically covering liability with limits respect to the indemnity described in Section 12.4 below) in the amount of not less than Five Three Million Dollars ($5,000,000.003,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with in respect to injuries or death, and in the use or occupancy amount of and the business carried on, not less than Three Hundred Thousand Dollars ($300,000.00) per occurrence in or from the Leased Premises, in amounts acceptable respect to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal damage to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itselfproperty; (b) That all Tenant's Fire insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered standard form extended coverage endorsement to the Landlord extent of at least one hundred percent (100%) of the Landlord's request;full insurable value of the Tenant Improvements, other additions, alterations and improvements to the Premises, and all trade fixtures, fixtures, equipment and other personal property which may, from time to time, be located upon the Premises; and (c) That all Such other insurance as Tenant or Landlord or any beneficiary of any deed of trust encumbering the Building or the Property of which the Premises are a part, may from time to time, reasonably require, in form, amount and protecting against such risks as would be obtained by a prudent person. Each of the foregoing policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include shall name the Landlord (andand any mortgagee as an additional insured. The policy limits herein specified shall be increased, where applicablefrom time to time, the upon written demand from Landlord, if Tenant's use reasonably justifies such increases and/or Landlord's mortgagee) lender/beneficiary or other third party requires said increase. Tenant may maintain such insurance as additional insured andpart of blanket policies containing a "per project, in per location" endorsement. Landlord makes no representation that the case minimum insurance amounts specified above are adequate to protect Tenant, and the amount of all other insurance coverage, contain obtained by Tenant shall not limit Tenant's liability under this Lease. Tenant shall furnish Landlord with a waiver by the insurer and Tenant certificate of any rights of subrogation or indemnity or any other claim such policy prior to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees taking possession of the Premises or occupying any part thereof and whenever requested shall satisfy Landlord that such policy is in full force and effect. Each policy shall be primary and non-contributing with any insurance carried by Landlord. All such insurance policies Each policy shall also contain a provision prohibiting the insurer from cancelling further provide that it shall not be canceled or altering the insurance coverage materially altered without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.Landlord. Initial /s/ EJC -------- Initial --------

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under paragraph 4.12 of this Lease (captioned “Indemnification”), insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Tenant's expense insurance policies Tender Date of this Lease of not less than Three Million Dollars ($3,000,000.00), which limit shall be reasonably increased during the Lease Term at Landlord’s request to cover reflect both increases in liability exposure arising from inflation as well as from changing use of the following:Premises or changing legal liability standards, which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord and Manager and, at Landlord’s written request Landlord’s mortgage lender(s) or investment advisors, as additional insureds; (ib) comprehensive general A policy of extended property insurance (which is commonly called “all risk”) covering Tenant Improvements, Tenant Alterations (including Telecommunication Facilities), and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement cost of such property; (c) A policy or worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five Hundred Thousand and No/100 Dollars ($500,000.00); and (d) A policy of automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($5,000,000.001,000,000.00) per occurrence, if applicable. 4.13.2 All insurance policies required under this paragraph shall be with companies reasonably approved by Landlord which are authorized to conduct business in the Commonwealth of Virginia and possess a BEST rating of A-VII or better, and each policy shall state that the insurer will provide at least thirty (including bodily injury and property damage30) days’ written notice to Tenant prior to cancellation, tenant's legal liabilitylapse or reduction in coverage (except for cancellation for non-payment of premium, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to which the use insurer will provide at least ten (10) days’ written notice to Tenant). Tenant shall notify Landlord in writing within three (3) Business Days after Tenant receives a notice from Tenant’s insurance company canceling or occupancy reducing coverage or threatening to cancel or reduce coverage under any of and the business carried onTenant’s insurance policies. Tenant shall deliver to Landlord and, in or from the Leased Premisesat Landlord’s request Landlord’s mortgage lender(s), in amounts acceptable prior to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require Tender Date and from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policiesthereafter, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case existence and amounts of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof;policies. (d) That if the 4.13.3 If Tenant fails to take out acquire or maintain in force any insurance or provide any certificate required by this paragraph 4.13, Landlord may, but shall not be required to, obtain such insurance, the Landlord may take out the necessary insurance and pay the premium therefor or certificates and the Tenant shall pay to the Landlord the amount of costs associated with obtaining such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) To maintain in force during currency a policy of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive commercial general liability and property damage insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury broad form contractual liability, independent contractor’s hazard and completed operations coverage) in at least the amounts of $1,000,000 per occurrence/$3,000,000 aggregate (combined single limit) for property damage, tenant's legal liabilitybodily injury or death, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, such greater amounts as Landlord in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require its reasonable discretion shall from time to time request, under which Tenant is named as an insured and Landlord, and, at Landlord’s request, Landlord’s property manager, any Holder, and such other persons as Landlord reasonably may request are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord and such other additional named insureds harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in form Section 10.1 and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all “all-risk” property insurance on a “replacement cost” basis, insuring Tenant's ’s Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of Landlord. Tenant may satisfy such insurance requirements by including the Premises in a so-called “blanket” and/or “umbrella” insurance policy, provided that the amount of coverage allocated to the Premises pursuant to a “per location” endorsement shall fulfill the requirements set forth herein. Tenant’s insurance shall be primary to, and not contributory with any insurance carried by Landlord, whose insurance shall be considered excess only. Each policy required hereunder shall be non-cancelable and non-amendable with insurers respect to Landlord and upon terms Landlord’s said designees without thirty (30) days’ prior notice, shall be written on an “occurrence” basis. and conditions to which the Landlord has no reasonable objection. Copies of all policies, a duplicate original or certificates evidencing thereof satisfactory to Landlord, together with a photocopy of the insurance or its renewal entire policy, shall be delivered to the Landlord at the Landlord's request; (c) That all . The policies of insurance required to be maintained by the Tenant shall, hereunder shall be issued by companies domiciled in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, United States and qualified and licensed to conduct business in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to state in which the insurer might otherwise Property is located, and shall be entitled against rated A:X or better in the Landlord (and mortgagee) or the agents or employees most current issue of the LandlordBest’s Insurance Reports. All such Tenant’s insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty not include deductibles in excess of Twenty-Five Thousand Dollars (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant$25,000.00).

Tenant Insurance. (a) To maintain in force during currency of this Lease at the Tenant's ’s expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's ’s legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's ’s mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's ’s insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's ’s request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's ’s mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord, excepting only gross negligence. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. (a) To maintain Tenant, at Tenant’s sole cost and expense, shall obtain and keep in force during currency of this the Lease at the Tenant's expense insurance policies to cover the followingTerm: (i) comprehensive commercial general liability insurance with limits insurance, including contractual liability and products/completed operations liability, covering the legal liability of not less than Five Million Dollars ($5,000,000.00) (including Tenant against claims for bodily injury and injury, death or property damage, tenant's legal liabilityoccurring on, cross in or about the Project, in the minimum combined single limit amount of $2,000,000 with respect to any one occurrence. (ii) worker’s compensation insurance and employer’s liability and contractual liabilityinsurance (with a minimum limit of $500,000) covering all liability imposed under the provisions of any worker’s compensation law, employer’s liability act or similar laws of the State of California that may at any time or from time to cover all responsibilities assumed by time be enacted; (iii) insurance covering the Tenant Improvements, all contents, and Tenant’s trade fixtures, machinery, equipment, furniture and furnishing in the Premises for their full replacement cost under Special Form standard fire and extended coverage insurance, including, without limitation, vandalism and malicious mischief and sprinkler leakage endorsements, and shall provide for a deductible not to exceed $100,000.00, provided that Tenant shall be solely responsible for payment of the full amount of any such deductible; (iv) special form, business interruption or extra expense insurance; and (v) catastrophe excess – Umbrella liability insurance in the amount of $5,000,000 with respect to the use or occupancy of and risks referred to in Section 7.1.1(i), which shall apply specifically to the business carried on, in or from the Leased Premises, in amounts Project with a per location aggregate endorsement. Tenant’s insurance shall be written under policies issued by insurers acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the , and shall name Landlord's mortgagee, if any) may reasonably require from time to time in form its beneficiaries, agents and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all employees as additional insureds. Tenant's ’s insurance required hereunder shall be primary and shall be exhausted before Landlord’s insurance is invoked. All policies of property insurance carried by Tenant shall provide protection against “all perils of direct physical damage” (as defined by the Insurance Services Office) on all insured property and shall name Landlord as an additional insured. Replacement cost for purposes hereof shall be determined according to insurance industry standards. Such insurance policies: (i) shall be written by companies rated A or better, with insurers a financial rating of not less than Class VII, in Best’s Insurance Guide, and upon terms authorized to do business in California; (ii) shall be written to apply to covered property damage and conditions to which other covered loss occurring during the Landlord has no reasonable objection. Copies of all policiespolicy term, or certificates evidencing the insurance onset of which occurred or its renewal arose during such policy term; (iii) unless otherwise provided in this Lease, shall provide that the respective coverages shall be delivered primary and not contributing with or in excess of any coverage that the other party may carry; (iv) shall be endorsed to Landlord with not less than thirty (30) days’ notice of cancellation, except that not less than ten (10) days’ notice of cancellation may be given in the Landlord at event of non-payment of the Landlord's request; premium; and (cv) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurancepolicies carried or required to be carried by Tenant, include the Landlord shall provide for a deductible of not to exceed $100,000 (and, where applicable, the Landlord's mortgagee) as additional insured and, except in the case of all other insurance earthquake coverage). Tenant shall deliver to Landlord, contain a waiver by on or before the insurer Effective Date, and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thereafter at least thirty (30) days prior written notice thereof; (d) That if before the expiration dates of expiring policies, certificates of insurance or other satisfactory evidence of the continuation of such property insurance coverage for the period indicated therein. If Tenant fails to take out procure property insurance or maintain to deliver certificates or other evidence thereof as required hereunder, Landlord, after written notice to Tenant and Tenant’s failure to cure the same within two (2) business days after Tenant’s receipt of such notice, may at its option and in force addition to Landlord’s other remedies in the event of a default hereunder, procure the same for the benefit of Landlord. If, pursuant to the foregoing sentence, Landlord secures such insuranceinsurance on Tenant’s behalf, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to reimburse Landlord for the Landlord the amount cost thereof within ten (10) business days after receipt of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the TenantLandlord’s invoice therefore.

Tenant Insurance. 4.14.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under the Paragraph captioned “Indemnification”, insuring against claims of bodily injury and death or property damage with a combined single limit at the Commencement Date of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Two Million Dollars ($5,000,000.00) (including bodily injury and property damage2,000,000.00), tenant's legal liability, cross which limit shall be reasonably increased during the Lease Term at Landlord’s request to reflect both increases in liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the exposure arising from inflation as well as from changing use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in Premises or changing legal liability standards, which limits may be satisfied by an amount equal to the full replacement value thereofexcess liability policy and which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord and Manager and, at Landlord’s request Landlord’s mortgage lender(s), as additional insureds, as their interests appear; and (iiib) A special form policy of property insurance (formerly known as the “all risk” form of property insurance) covering Tenant Improvements over the value of the Tenant Improvement Allowance, Tenant Alterations, and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement value of such property. 4.14.2 All insurance policies required under this Paragraph may be “blanket” policies which cover other properties occupied by Tenant and shall be with companies having a Best’s rating of A-/VIII or better, and each policy shall provide that it is not subject to cancellation or reduction in coverage as specifically defined under Paragraph 4.14 except after thirty (30) calendar days’ written notice to Landlord. Tenant shall deliver to Landlord and, at Landlord’s request Landlord’s mortgage lender(s), prior to the Landlord (or the Landlord's mortgagee, if any) may reasonably require Commencement Date and from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policiesthereafter, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case existence and amounts of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof;policies. (d) That if the 4.14.3 If Tenant fails to take out acquire or maintain in force any insurance or provide any certificate required by this Paragraph, Landlord may, but shall not be required to, obtain such insurance, the Landlord may take out the necessary insurance and pay the premium therefor or certificates and the Tenant shall pay to the Landlord the amount of costs associated with obtaining such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant's liability insurance: (a) To maintain in force during currency A policy of comprehensive general liability insurance, including a contractual liability endorsement covering Tenant's obligations to indemnify Landlord for the tortuous acts of Tenant or Tenant's Agents pursuant to the Section captioned "Indemnification", insuring against claims of bodily --------------- injury and death or property damage or loss with a combined single limit at the Phase I Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00). The amount of insurance required pursuant to the preceding sentence may be satisfied by the basic policy described in this subsection (a) plus an umbrella coverage which applies to the Premises and the Land and which policies together, will provide the required amount of coverage. The foregoing insurance limit may be reasonably increased during the Lease Term at Landlord's request to reflect both increases in liability exposure arising from inflation as well as from changing use of the TenantPremises or changing legal liability standards, which increases shall be reasonably comparable to those imposed by landlords of Class A buildings (if any) which are similar in size, construction, use and level of finish as the Building and which are located within a ten (10) mile radius of the Building. Such insurance shall be payable on an "occurrence" rather than a "claims made" basis, and shall name Landlord and Manager and, at Landlord's expense request Landlord's mortgage lender(s) or investment advisors, as additional insureds; (b) A policy of extended property insurance policies (which is commonly called "all risk") covering Tenant Improvements, Tenant Alterations, and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premise which is not owned by Landlord, for one hundred percent (100%) of the then current replacement value of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; and (id) comprehensive general A policy or worker's compensation insurance as required by applicable law and employer's liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed 1,000,000.00). The level of coverage required by the preceding sentence may be satisfied in part by an umbrella policy coverage which, together with other insurance, will provide the required amount of coverage. 4.13.2 All insurance policies required under this section shall be with companies licensed to do business in Maryland and with an A.M. Best rating of AV or better and each policy shall provide that it is not subject to cancellation or reduction in coverage except after thirty (30) days' written notice to Landlord. Tenant with respect shall deliver to Landlord and, at Landlord's request Landlord's mortgage lender(s), prior to the use or occupancy of Phase I Commencement Date and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policiesthereafter, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case existence and amounts of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof;policies. (d) That if the 4.13.3 If Tenant fails to take out acquire or maintain in force any insurance or provide any certificate required by this section, Landlord may, but shall not be required to, obtain such insurance, the Landlord may take out the necessary insurance and pay the premium therefor or certificates and the Tenant shall pay to the Landlord the amount of costs associated with obtaining such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. (a) To maintain in force The Tenant shall, during currency the entire term of this Lease Lease, at the Tenant's expense insurance policies to cover sole cost and expense, but for the following: (i) comprehensive mutual benefit of the Landlord and Tenant, maintain general public liability insurance with limits against claims for personal injury, death or property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance to afford protection to the limit of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with 500,000 in respect to injury or death to a single person, and to the use or occupancy limit of not less than $1,000,000 in respect to one accident, and the business carried onthe limit of not less than $100,000 in respect to property damage or a combined single limit policy not less than $1,000 per occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, in or from the Leased Premises, in amounts acceptable as their interest may appear. Tenant shall also provide insurance coverage to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf extent of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance that the Landlord (or the Landlord's mortgagee, if any) may be reasonably require from time required to time in form and amounts and for insurance cover future risks against which a prudent Tenant would protect itself; (b) That all . All policies of insurance provided for herein shall be issued by insurance companies with a general nolicy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the state of Utah. To the extent that Tenant fails to provide the foregoing insurance, either hazard or liability, Tenant shall be responsible to Landlord, as his interest appears, for such damage that would have been insured by said policies but for Tenant's failure to obtain such insurance. The policies for the foregoing insurance required hereunder shall provide that the proceeds thereof shall be with insurers payable to the Tenant and upon terms and conditions to which the Landlord has no reasonable objectionLandlord, as their respective interests may appear. Copies of all policies, or certificates evidencing the Said required Tenant insurance or its renewal coverage shall be delivered verified to the Landlord at by an insurance carrier in the Landlord's request; (c) That all policies form of either a certified copy of the policy or other written verification of insurance coverage acceptable to be maintained by Landlord and the Tenant shall, in lending institution for the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the LandlordDemised Premises. All such Such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the provide that Landlord be given thirty (30) days prior written notice thereof; (d) That if the Tenant fails prior to take out any cancellation or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount alteration of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenantpolicy.

Tenant Insurance. (a) To maintain in force during currency of this Lease at the Tenant's ’s expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's ’s legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's ’s mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's ’s insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's ’s request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's ’s mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) To maintain in force during currency a policy of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive commercial general liability and property damage insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury broad form contractual liability, independent contractor's hazard and completed operations coverage) in at least the amounts of $3,000,000 per occurrence/$4,000,000 aggregate (combined single limit) for property damage, tenant's legal liabilitybodily injury or death, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, such commercially reasonably greater amounts as Landlord in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require its reasonable discretion shall from time to time request, under which Tenant is named as an insured and Landlord, and, at Landlord's request, Landlord's property manager, any Holder, and such other persons as Landlord reasonably may request are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord and such other additional named insureds harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in form SECTION 10.1 and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all "all-risk" property insurance on a "replacement cost" basis, insuring Tenant's Removable Property and any Alterations made by Tenant pursuant to SECTION 5.2, to the extent that the same have not become the property of Landlord. Tenant may satisfy such insurance requirements by including the Premises in a so-called "blanket" and/or "umbrella" insurance policy, provided that the amount of coverage allocated to the Premises pursuant to a "per location" endorsement shall fulfill the requirements set forth herein. Tenant's insurance shall be primary to, and not contributory with any insurance carried by Landlord, whose insurance shall be considered excess only. Each policy required hereunder shall be non-cancelable and non-amendable with insurers respect to Landlord and upon terms Landlord's said designees without thirty (30) days' prior notice, shall be written on an "occurrence" basis, and conditions to which the Landlord has no reasonable objection. Copies of all policies, a duplicate original or certificates evidencing thereof satisfactory to Landlord, together with a photocopy of the insurance or its renewal entire policy, shall be delivered to the Landlord at the Landlord's request; (c) That all . The policies of insurance required to be maintained by the Tenant shall, hereunder shall be issued by companies domiciled in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, United States and qualified and licensed to conduct business in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to state in which the insurer might otherwise Property is located, and shall be entitled against rated A:X or better in the Landlord (and mortgagee) or the agents or employees most current issue of the LandlordBest's Insurance Reports. All such Tenant's insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty not include deductibles in excess of Five Thousand Dollars (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant$5,000.00).

Tenant Insurance. During the Term, the Tenant shall take out and maintain at its own expense: (a) To maintain public liability and property damage insurance including personal injury, contractual and non-owned automobile liabilities and owners’ and contractors’ protective insurance coverage with respect to the Premises and the Tenants use of the Common Areas and facilities, coverage to include the activities and operations conducted by the Tenant and any other person on the Premises, and by the Tenant and any other person performing work on behalf of the Tenant and those for whom the Tenant is in force during currency law responsible in any other part of this Lease at the Tenant's expense insurance Building. Such policies to cover the following: (i) shall be written on a comprehensive general liability insurance basis with inclusive limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury provided by a Commercial General Liability policy, for any one occurrence or such higher limits as the Landlord shall reasonably require. All such policies must contain a severability of interest clause and property damage, tenant's legal liability, a cross liability clause, and contractual liability) to cover all responsibilities assumed by the Tenant with respect shall be primary and shall not call Into contribution any other insurance available to the use Landlord or occupancy any mortgagee of and the business carried on, in or from the Leased Premises, in amounts acceptable to the LandlordLands; (iib) all risk insurance covering leasehold improvements made upon property of every description and kind owned by the Tenant, or for which the Tenant is legally liable within the Premises, or installed by or on behalf of the Tenant and any previous tenant within the Premises, including, but not limited to furniture, fittings, alterations, partitions, floor coverings, fixtures and anything in an the nature of a leasehold improvement, in the amount equal to of the full replacement value cost thereof; and (iii) , with coverage against all risks including water damage from any other insurance that the Landlord (or the Landlord's mortgageecause whatsoever, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request;collapse: (c) That insurance for replacement of all policies of insurance to be maintained by the Tenant shall, glass in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of Premises for any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereofdamage howsoever caused; (d) That if insurance for all damages sustained due to burglary of the Premises; (e) business interruption insurance in such amounts as will reimburse the Tenant fails for direct or indirect loss of earnings attributable to take out or maintain in force such insuranceall perils commonly insured against by prudent tenants including, but not limited to, prevention of access to the Landlord may take out the necessary insurance and pay the premium therefor Premises as a result of perils insured against under this Lease and the Tenant shall pay disruption in the supply of utilities and other essential services to the Landlord Premises or the amount of such premium immediately on demand as Additional RentBuilding; and (ef) That if both any other form of insurance that the Tenant, or the Landlord, acting reasonably, requires in amounts and for insurance risk against which a prudent tenant would insure. Policies for fire and liability insurance shall be in a form and with an insurer reasonably acceptable to the Landlord, acting reasonably, shall require at least thirty (30) days’ written notice to the Landlord of termination or material alteration of the policy during the Term and shall waive any right of subrogation against the Landlord, its agent and mortgagee, and cause the Landlord, its agent and mortgagee to be named as an additional insured in such policies of insurance. If requested by the Landlord, the Tenant shall from time to time promptly deliver to the Landlord, certified copies or other evidence of such policies, and evidence satisfactory to the Landlord that all premiums thereon have been paid and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord policies are in full force and the balance, if any, to the settlement of the claim of the Tenant.effect

Tenant Insurance. (a) To maintain in force during currency During the Term of this Lease at Lease, the Tenant shall acquire and maintain Commercial General Liability Insurance for not less than Five Million dollars ($5,000,000.00); All Risk Property Insurance, on a replacement cost basis on all of the Tenant's expense ’s trade fixtures; Business Interruption Insurance; Tenant’s Legal Liability Insurance (Broad Form); Boiler and Machinery Insurance (if applicable); Environmental Damage Insurance. The Tenant’s policies of insurance policies to cover set-out above shall contain the following: (ia) comprehensive general liability insurance with limits provisions that the Landlord is protected notwithstanding any act, neglect or misrepresentation of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant which might otherwise result in the avoidance of claim under such policies, and further that such policies shall not be affected or invalidated by any act, omission, or negligence of any third party which is not within the knowledge or control of any insured(s); (b) provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the use Landlord, that any coverage carried by the Landlord may only be called upon on a difference in conditions or occupancy excess coverage basis, and that any such Landlord coverage shall inure to the sole benefit of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (iic) p;ovisions that all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other Tenant’s insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and as specified above shall provide for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies waiver of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any insurer’s rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled as against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies ’s mortgagee and shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving name the Landlord thirty (30) days prior written notice thereofand the Landlord’s mortgagee as an additional insured; (d) That if provisions that all policies of insurance carried by the Tenant fails shall not be cancelled or materially changed without the insurer or the Tenant providing the Landlord Thirty (30) consecutive days written notice stating when such cancellation shall become effective. The Tenant shall further during the whole of the Term, and any extension thereof, maintain such other insurance in such amounts and in such sums as a Tenant acting reasonably shall purchase, or as the Landlord or the Landlord’s mortgagees may reasonably determine from time-to-time. Evidence satisfactory to take out or maintain the Landlord of all such policies of insurance required to be obtained by the Tenant pursuant to this section shall be provided to the Landlord prior to the commencement of the Term, and the Tenant shall provide written evidence of the continuation of such policies not less than Ten (10) consecutive days prior to their respective expiration dates, and, in force the absence of said satisfactory evidence of such coverage being provided, the Landlord may, but will not be obligated to, provide for the purchase of such insurance, the Landlord may take out cost of which will be borne exclusively by the necessary Tenant. For certainty, in the event of any damage to the Building, or any part thereof, caused by the negligence or wilful act of the Tenant or anyone for whom the Tenant is at law responsible, the Tenant’s legal liability insurance and pay will be required to cover all costs relating to such damage. In the premium therefor event that any such damage exceeds the value of the Tenant’s legal liability insurance coverage and the Tenant shall pay Landlord’s insurance is required to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and cover the balance, if any, the Tenant will be responsible for paying the Landlord’s insurance deductible(s) relating to such damage and any increase in the settlement of the claim of the TenantLandlord’s insurance premiums relating to such damage.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under Section 4.12, insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00), which limit shall be reasonably increased during the Lease Term at Landlord’s request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Tenant's expense Premises or changing legal liability standards, which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord and Manager and, at Landlord’s request Landlord’s mortgage lender(s) or investment advisors, as additional insureds; (b) A policy of extended property insurance policies (which is commonly called “all risk”) covering Tenant Alterations (including Telecommunication Facilities), and any and all furniture, fixtures, equipment, machinery, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement cost of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; (id) comprehensive general A policy or worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent1,000,000.00); and (e) That if both the A policy of comprehensive automobile liability insurance covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this Section 4.13 shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage except after thirty (30) days’ written notice to Landlord prior to any cancellation, non-renewal or reduction in coverage. Deductibles under this Section 4.13 shall not exceed Ten Thousand Dollars ($10,000.00). Tenant shall deliver to Landlord and, at Landlord’s written request Landlord’s mortgage lender(s), prior to the Commencement Date and from time to time thereafter upon Landlord’s written request, certificates evidencing the existence and amounts of all such policies. Tenant have claims shall carry and maintain during the entire Lease Term (including any option periods, if applicable), at Tenant’s sole cost and expense, increased amounts of the insurance required to be indemnified under carried by Tenant pursuant to this Section 4.13 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord. 4.13.3 If Tenant fails to acquire or maintain any insurance or provide any certificate required by this Section 4.13, Landlord may, but shall not be required to, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) To maintain in force during currency a policy of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive commercial general liability and property damage insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal broad form contractual liability, cross liability independent contractor’s hazard and contractual liabilitycompleted operations coverage) to cover all responsibilities assumed by in at least the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant Initial General Liability Insurance specified in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Section 1.1 or such greater amounts as Landlord (or the Landlord's mortgagee, if any) may reasonably require in its reasonable discretion shall from time to time request, under which Tenant is named as an insured and Landlord, and, at Landlord’s request, Landlord’s property manager, any Holder, and such other persons as Landlord reasonably may request are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord and such other additional named insureds harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in form Section 10.1 and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all a policy of “all-risk” property insurance on a “replacement cost” basis, insuring Tenant's ’s Removable Property and any Alterations made by Tenant pursuant to Section 5.2, to the extent that the same have not become the property of Landlord. Tenant may satisfy such insurance requirements by including the Premises in a so-called “blanket” and/or “umbrella” insurance policy, provided that the amount of coverage allocated to the Premises pursuant to a “per location” endorsement shall fulfill the requirements set forth herein. Tenant’s insurance shall be primary to, and not contributory with any insurance carried by Landlord, whose insurance shall be considered excess only. Each policy required hereunder shall be non-cancelable and non-amendable with insurers respect to Landlord and upon terms Landlord’s said designees without thirty (30) days’ prior notice, shall be written on an “occurrence” basis. and conditions to which the Landlord has no reasonable objection. Copies of all policies, a duplicate original or certificates evidencing thereof satisfactory to Landlord, together with a photocopy of the insurance or its renewal entire policy, shall be delivered to the Landlord at the Landlord's request; (c) That all . The policies of insurance required to be maintained by the Tenant shall, hereunder shall be issued by companies domiciled in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, United States and qualified and licensed to conduct business in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to state in which the insurer might otherwise Property is located, and shall be entitled against rated A:X or better in the Landlord (and mortgagee) or the agents or employees most current issue of the LandlordBest’s Insurance Reports. All such Tenant’s insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty not include deductibles in excess of Five Thousand Dollars (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant$5,000.00).

Tenant Insurance. (a) To At its expense to maintain in force during currency of this Lease at the Tenant's expense insurance policies to cover the followingTerm and any renewals thereof: (i) comprehensive general liability insurance against claims for personal injury, death or property damage arising out of all operations of the Tenant (including tenant's legal liability, personal liability, property damages and contractual liability to cover all indemnities and repair obligations) with limits respect to the business carried on in and from the Premises, in amounts required by the Landlord and any mortgagee of not the Building or any parts thereof from time to time but in no event less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by per occurrence; provided however that so long as McDATA Corporation is the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in such amounts acceptable to the Landlordshall be no less than One Million Dollars ($1,000,000.00) per occurrence; (ii) all risk insurance risks direct damage insurance, covering the Premises (as defined in Section 1) including all chattels and fixtures and all leasehold improvements made or installed by or on behalf improvements, trade fixtures, installations, additions and partitions forming part thereof and covering all of the Tenant Tenant's equipment, furnishings and chattels therein, in an amount equal to the full replacement value thereof; and (iii) any such other forms of insurance that as may be reasonably required by the Landlord (or the Landlord's mortgagee, if any) may reasonably require and any mortgagee from time to time in form and amounts and for time. All such insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon such terms and conditions to which as the Landlord has no reasonable objection. Copies reasonably approves, and copies of all policies, policies or certificates evidencing the of insurance or its and renewal shall be delivered to the Landlord; all such policies shall include the Landlord at and any mortgagees as named insureds as their interests may appear, and shall contain a cross liability clause protecting the Landlord's request; (c) That all policies Landlord in respect of insurance to be maintained claims by the Tenant shall, in the case of general liability insurance, include as if the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of were separately insured; all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from altering or cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days days' prior written notice thereof; (d) That ; if the Tenant fails to take out or and maintain in force such insurance, the Landlord may take out the necessary insurance do so and pay the premium therefor premiums and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if premiums forthwith upon demand. If both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the Landlord's claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant's claim.

Tenant Insurance. (a) To Tenant, at Tenant’s sole cost and expense, shall obtain and keep in full force and effect during the Term hereof insurance against loss or damage by fire and other casualty to the Initial Improvements, Tenant’s Property and all Alterations and other improvements to the Premises, under then available standard forms of “all-risk” insurance policies, in amount equal to one hundred percent (100%) of the replacement value thereof, having a deductible amount, if any, of not more than $250,000.00. (b) Tenant, at Tenant’s sole cost and expense, shall obtain and maintain in full force during currency of this Lease at and effect throughout the Tenant's expense insurance policies to cover the following: (i) comprehensive Term a commercial general liability insurance policy (ISO form or equivalent), on a per occurrence, per location basis, insuring Tenant and naming Landlord (and its successors and assigns), the managing agent for the Building (and its successors and assigns), Blackhawk Parent LLC, Equity Office Properties Management Corp., BREA Property Management of New York L.L.C., and their respective managers, members, principals, beneficiaries, partners, officers, directors, employees, and agents, and other designees of Landlord and its successors and assigns as the interest of such designees shall appear and, at Landlord’s request, any Senior Interest Holder as additional insureds, against any liability for bodily injury, death or property damage occurring on or about the Premises, with limits of liability of not less than Five Million Dollars ($5,000,000.00) (including 5,000,000 with respect to bodily injury and property damagedamage arising from any one occurrence and $10,000,000 from the aggregate of all occurrences within each policy year. Such policy shall include a provision that such aggregate limit shall apply separately at the Premises and that Tenant will use all commercially reasonable efforts to cause such insurer to provide notice to Landlord if the available portion of such aggregate is reduced to less than $9,000,000 by either payment of claims or the establishment of reserves for claims, tenant's legal liabilityand if such insurer shall refuse or otherwise fail to provide such notice to Landlord, cross liability and contractual liability) then Tenant shall promptly give such notice to cover all responsibilities assumed Landlord. Tenant agrees that if the aggregate limit applying to the Premises is reduced by the payment of a claim or establishment of a reserve Tenant shall take immediate commercially reasonable steps to have the required aggregate limit restored by endorsement to the existing policy or the purchase of an additional insurance policy. Such policy shall also include a provision that no act or omission of Tenant shall affect or limit the obligations of the insurance company in respect of any additional insured. (c) Tenant, at Tenant’s cost and expense, shall obtain and keep in full force and effect workers’ compensation insurance to the extent required by law. (d) Tenant shall not carry separate or additional insurance with respect to the use or occupancy of and risks covered by the business carried oninsurance required by this Article 16, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time concurrent in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's or contributing in the event of any loss or damage with any insurance required to be obtained by Tenant under this Lease. Tenant may carry any insurance coverage required of it hereunder shall be with insurers and upon terms and conditions pursuant to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all blanket policies of insurance to be maintained by so long as the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the afforded Landlord and the Tenant have claims to other named insureds thereunder shall not be indemnified under any such insurance, less than the indemnity shall coverage which would be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenantprovided by direct policies.

Tenant Insurance. (a) To a. The Tenant shall at its expense, provide and maintain in force during currency the Term of this Lease at or of any renewal thereof: i. plate glass insurance, for the benefit of the Landlord and the Tenant's expense insurance policies to cover , covering all plate glass in the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant including plate glass windows and doors, in an amount equal to the full replacement insurable value thereof; ii. public liability insurance, for the benefit of the Landlord and the Tenant as their respective interests may appear, in the sum of FIVE MILLION DOLLARS ($5,000,000.00) in respect of injury or death to one or more persons or property damage; and (iii) any other insurance . in the event that the Premises contain a boiler installation, or in the event that the same shall at any time during the Term be installed on the Premises, then boiler insurance for the benefit of the Landlord (and the Tenant, in amounts satisfactory to the Landlord in respect of injury or the Landlord's mortgagee, if any) may reasonably require from time death to time in form and amounts and for insurance risks against which a prudent Tenant would protect itselfone or more persons or property damage; (b) That all Tenant's b. All insurance required hereunder shall be effected with insurers and brokers and upon terms and conditions satisfactory to which the Landlord has no reasonable objection. Copies and certified copies of all policies, or certificates evidencing the insurance or its renewal policies shall be delivered to the Landlord at the Landlord's requestforthwith; (c) That all c. All policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, shall contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against clause in favour of the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting clause requiring the insurer from cancelling not to cancel or altering change the insurance coverage without first giving the Landlord thirty (30) days 30 days' prior written notice thereof; (d) That d. The Tenant agrees that if the Tenant fails to take out it does not provide or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor for periods of one (1) year at a time, and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rentforthwith upon demand; and (e) That if e. In the event that both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. (a) To Tenant shall insure the Project and shall maintain liability and other insurance in such amounts as may be required by Landlord, and in such amounts as Landlord, in its sole discretion, may deem appropriate. Such insurance shall be for the sole benefit of Landlord and, if required, Landlord's mortgagee. Tenant shall, at Tenant's expense, obtain and keep in force during currency of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive or commercial general liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, including contractual liability insurance (with limits respect to Section 7.3 hereof), with insurance companies approved by Landlord and having a combined single limit of not less than Five Million Dollars ($5,000,000.00) (including bodily injury 1,000,000 per occurrence; together with workers' compensation insurance having limits not less than those required by statute and covering all persons employed by Tenant in the conduct of its operations at the Premises and employers' liability insurance coverage in the amount of at least $1,000,000; together with "all risk" property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made damage to or installed by or on behalf loss of the personal property, fixtures and equipment of Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and such amounts and for insurance risks against which as a prudent tenant of comparable size and in a comparable business would deem necessary and appropriate. Tenant would protect itself; shall cause Landlord to be named as an additional insured under such policies and shall, not less than twenty (20) days prior to (a) the Commencement Date, and (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies expiration of all old policies, or furnish Landlord with certificates evidencing the of insurance or its renewal shall be delivered with loss payable clauses satisfactory to the Landlord at the Landlord's request; (c) That all policies of . All insurance to be maintained by the Tenant shall, in the case of general except for workers' compensation and employers' liability insurance, include be primary over any insurance carried by Landlord. The limit of such insurance shall not, however, limit the Landlord (andliability of Tenant hereunder. Tenant may carry such insurance under a blanket policy, where applicable, the provided such insurance has a Landlord's mortgagee) as additional insured andprotective liability endorsement attached thereto. If Tenant fails to procure and maintain said insurance, in Landlord may, but shall not be required to, procure and maintain same, but at the case expense of all other insurance coverage, contain a waiver by the insurer and Tenant Tenant. No policy shall be cancelable or subject to reduction of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord except after thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the TenantLandlord.

Tenant Insurance. (a) To maintain The Tenant agrees at its own cost and expense to take out and keep in full force and effect during currency the Term, including any renewal or extension thereof, and in the names of this Lease at the Tenant's expense insurance policies to cover , the following: Landlord and any mortgagee, chargee, or debenture holder that the Landlord may advise and as their respective interests may appear, the following insurance: (i) comprehensive general liability insurance with limits Insurance on property of not less than Five Million Dollars ($5,000,000.00) (including bodily injury every description and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed kind owned by the Tenant, or for which the Tenant with respect to the use or occupancy of and the business carried onis legally liable, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant and located on the Leased Space, in an amount equal to not less than one hundred percent (100%) of the full replacement value cost thereof, with coverage against, at a minimum, fire, earthquake, flood and collapse, as well as standard extended coverage including sprinkler leakages (where applicable). In the event of a dispute as to the amount which comprises full replacement cost, the decision of the Landlord or any mortgagee shall be conclusive; and (ii) The landlord and other interested parties are added as an Additional Insured to the Tenant’s general liability policy; (iii) Tenant legal liability insurance for the full replacement cost of the Solar Power System, including loss of use thereof; (iv) Property damage and public liability insurance including personal liability, contractual liability to include Severability of Interest, non-owned automobile liability and owner's and contractors' protective insurance coverage with respect to the Building and Solar Power System. This coverage shall include the operations conducted by the Tenant and any other person in the Leased Space. Such insurance that shall have limits of not less than Two Million Dollars ($2,000,000) for bodily injury to any one or more persons, or property damage, and such higher limits as the Landlord (or the Landlord's mortgagee, if any) may reasonably require requires from time to time. All such policies shall contain a cross-liability clause; (v) Business interruption insurance in such amount as will reimburse the Tenant for direct or indirect loss of earnings attributable to all perils commonly insured or attributable to prevention of access to the Leased Space or the Solar Power System; and (vi) Any other form or forms of insurance as the Tenant or the Landlord reasonably requires from time to time, in form and form, amounts and for insurance risks against which a prudent Tenant party in comparable circumstances would protect itself;. (b) That all Tenant's insurance required hereunder All policies of Insurance purchased by the Tenant shall be taken out with insurers and upon terms and conditions acceptable to which the Landlord has no reasonable objectionLandlord, acting reasonably. Copies Certificates of all policiesinsurance or, or certificates evidencing if required by the Landlord, certified copies of each insurance or its renewal shall policy, will be delivered to the Landlord at as soon as practicable after placement of the Landlord's request; (c) That all required insurance. All policies of insurance to be maintained shall contain an undertaking by the Tenant shallto notify the Landlord and mortgagee, if any, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord writing not less than thirty (30) days or such other period of time as may be provided in such policies, prior written notice to any material change, cancellation or termination thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under Section 4.12 (“Indemnification”), insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00), which limit shall be reasonably increased during the Lease Term at Landlord’s request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Tenant's expense Premises or changing legal liability standards, which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord, Manager, Xxxxxxx Associates Real Estate Counsel, LP and, at Landlord’s request, Landlord’s mortgage lender(s) or investment advisors, as additional insureds; (b) A special form policy of property insurance policies (which was formerly called “all risk”) covering Tenant Improvements, Tenant Alterations (including Telecommunication Facilities), and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement cost of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; and (id) comprehensive general A policy of worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00500,000.00). 4.13.2 All insurance policies required under this paragraph shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage except after thirty (30) (including bodily injury and property damagedays’ written notice to Landlord. Tenant shall deliver to Landlord and, tenant's legal liabilityat Landlord’s request Landlord’s mortgage lender(s), cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect prior to the use or occupancy of Commencement Date and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policiesthereafter, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case existence and amounts of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof;policies. (d) That if the 4.13.3 If Tenant fails to take out acquire or maintain in force any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be required to, obtain such insurance, the Landlord may take out the necessary insurance and pay the premium therefor or certificates and the Tenant shall pay to the Landlord the amount of costs associated with obtaining such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. (a) To maintain Tenant will keep in force in companies licensed to do business in Pennsylvania at Tenant’s expense at all times during currency the term of this Lease at and during such other times as Tenant occupies the Tenant's expense insurance policies to cover the followingdemised Premises or any part thereof: (i1) comprehensive general Public liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of demised Premises, the sidewalks abutting and adjoining the demised Premises, if any, and the business carried onoperated by Tenant and any subtenants, licensees and concessionaires of Tenant in or from the Leased Premisesdemised Premises with minimum limits as shown in Section 1.17. If the nature of Tenant’s operation is such as to place any or all of its employees under the coverage of local workmen’s compensation or similar statutes, Tenant shall also keep in force, at its own expense, workmen’s compensation or similar insurance affording statutory coverage and containing statutory limits. Landlord shall have the right to reasonably increase the minimum liability limits during the term of this Lease as economics and circumstances change. (2) Fire insurance, with standard broad form extended coverage endorsement covering (a) all of Tenant’s stock in trade, trade fixtures, furniture, furnishings, such equipment as is not affixed to the demised premises and signs, and (b) Tenant’s interest in all of the improvements and betterments installed in the premises by Tenant, in amounts acceptable each case to the Landlord; extent of at least eighty percent (ii80%) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgageetheir collective insurable value, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself;without co-insurance. (b) That all Tenant's Without request, Tenant will deposit with Landlord policies of insurance required hereunder shall be with insurers and upon terms and conditions to which by the Landlord has no reasonable objection. Copies provisions of all policies, this Section or certificates evidencing thereof, together with satisfactory evidence of the insurance payment of the required premium or its renewal shall be delivered to the Landlord at the Landlord's request;premiums thereof. (c) That all policies of All insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity required herein shall be applied first to the settlement of the claim of the with companies rated “A”1 Class XI or better in “Bests Insurance Guide” and shall name Landlord and the balance, if any, to the settlement of the claim of the Tenantwhenever possible as an additional named insured.

Tenant Insurance. 4.13.1 Tenant shall, as of the date three (3) weeks prior to the Commencement Date and throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant's liability insurance: (a) To maintain in force during currency A policy of comprehensive general liability insurance, including a contractual liability endorsement covering Tenant's obligations under the paragraph captioned "Indemnification" insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00), which limit may be increased (as long as such increase is commercially reasonable) during the Lease Term at Landlord's request to reflect both increases in liability exposure arising from inflation as well as from changing use of the TenantPremises or changing legal liability standards, which policy shall be payable on an "occurrence" rather than a "claims made" basis, and which policy names Landlord and Manager and, at Landlord's expense request Landlord's mortgage lender(s) or investment advisors, as additional insureds; (b) A policy of extended property insurance policies (which is commonly called "all risk") covering Tenant Improvements, Tenant Alterations, and any and all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement value of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; (id) comprehensive general A policy or worker's compensation insurance as required by applicable law and employer's liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent1,000,000.00); and (e) That if both the A policy of comprehensive automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this paragraph shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation or reduction in coverage except after thirty (30) days' written notice to Landlord. Tenant shall deliver to Landlord and, at Landlord's request Landlord's mortgage lender(s), prior to the Commencement Date and from time to time thereafter, certificates evidencing the existence and amounts of all such policies. 4.13.3 If Tenant have claims fails to acquire or maintain any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be indemnified under any required to, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. (a) To maintain in force during currency of this Lease at the Tenant's ’s expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's ’s legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's ’s request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim but solely with respect to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees liability arising out of the Landlordoperations of the Tenant. All such insurance policies shall also contain a provision prohibiting requiring the insurer from cancelling or altering the insurance coverage without first giving to provide the Landlord with thirty (30) days prior written notice thereofof cancellation or material change affecting the insurance requirements described in this Lease; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor therefor, and the Tenant shall pay to the Landlord the amount of such premium premium, plus a fifteen percent (15%) administrative fee, immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under the Section entitled “Indemnification”, insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease at the Tenant's expense insurance policies to cover the following: (i) comprehensive general liability insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage), tenant's legal liability, cross which limit shall be reasonably increased during the Lease Term at Landlord’s request to reflect both increases in liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the exposure arising from inflation as well as from changing use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in Premises or changing legal liability standards, which policy shall be payable on an amount equal to “occurrence” rather than a “claims made” basis, and which policy names Landlord, Bentall Xxxxxxx (U.S.) Limited Partnership, the full replacement value thereof; Manager and (iii, at Landlord’s request, Landlord’s mortgage lender(s) any other insurance that the Landlord (or the Landlord's mortgageeand/or investment advisors, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itselfas additional insureds; (b) That A policy of extended property insurance (which is commonly called “all Tenant's insurance required hereunder shall be with insurers risk”) covering Tenant Improvements, Tenant Alterations (including Telecommunication Facilities), and upon terms any and conditions to all furniture, fixtures, equipment, inventory, improvements and other property in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the Landlord has no reasonable objection. Copies then current replacement cost of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's requestsuch property; (c) That all policies of Business interruption insurance in an amount sufficient to be maintained by the Tenant shallcover costs, in the case of general liability insurancedamages, include the Landlord (andlost income, where applicableexpenses, the Landlord's mortgagee) as additional insured andBase Rent, in the case of Additional Rent and all other insurance coveragesums payable under this Lease, contain a waiver by the insurer and Tenant of should any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees all of the Landlord. All such insurance policies shall also contain Premises not be usable for a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty period of up to twelve (3012) days prior written notice thereofmonths; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary A policy of worker’s compensation insurance as required by applicable Governmental Requirements and pay the premium therefor and the Tenant shall pay to the Landlord the amount employer’s liability insurance with limits of such premium immediately on demand as Additional Rentno less than One Million Dollars ($1,000,000.00); and (e) That if both If at any time during the Lease Term Tenant owns or leases any motor vehicle(s), a policy of comprehensive automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this Section 4.13 shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage except after thirty (30) days’ written notice to Landlord. Prior to the Commencement Date and from time to time thereafter, Tenant have claims shall deliver to Landlord, Bentall Xxxxxxx (U.S.), LP, the Manager, and, at Landlord’s request, any other parties hereunder required to be indemnified under named as additional insureds, certificates evidencing the existence and amounts of all such policies. 4.13.3 If Tenant fails to acquire or maintain any insurance or provide any certificate required by this Section 4.13, Landlord may, but shall not be required to, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under Section 4.12, insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Three Million Dollars ($3,000,000.00) per occurrence, which limit may be reasonably increased during the Lease Term at Landlord’s reasonable request (based on the coverages required by prudent institutional landlords of Comparable Buildings), which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord and Manager, investment advisor and, at Landlord’s request Landlord’s mortgage lender(s), as additional insureds; (b) A policy of extended property insurance (so called “special form”) covering Tenant Improvements, Tenant Alterations (including Telecommunication Facilities), and any and all furniture, fixtures, equipment, machinery, inventory, improvements and other property in or about the Premises, for the then current replacement cost of such property (such policy may be a “blanket” policy which cover other properties owned by Tenant's expense ); (c) Business interruption insurance policies in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; (id) comprehensive general A policy of worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five One Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent1,000,000.00); and (e) That A policy of comprehensive automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this Section 4.13 shall be with companies having an A.M. Best’s rating of not less than A- VII (or otherwise reasonably approved by Landlord) and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage below the required limits except after thirty (30) days’ written notice to Landlord. Tenant shall deliver to Landlord and, at Landlord’s request Landlord’s mortgage lender(s), prior to the Commencement Date and from time to time thereafter, certificates evidencing the existence and amounts of all such policies. Tenant shall carry and maintain during the entire Lease Term (including any option periods, if both applicable), at Tenant’s sole cost and expense, reasonably increased amounts of the insurance required to be carried by Tenant pursuant to this Section 4.13 and such other reasonable types of insurance coverage and in such reasonable amounts covering the Premises and Tenant’s operations therein, as may be reasonably required by Landlord (based on the coverages required by prudent institutional landlords of Comparable Buildings). Notwithstanding the foregoing, except to the extent prohibited by law, Tenant shall have the right to furnish the insurance coverage required to be furnished by Tenant pursuant to Section 4.13.1 above through a self-insurance program so long as (i) Landlord and Tenant are protected by such self insurance program for no less coverage than all of the coverages required under this Lease; (ii) Tenant have claims administers Tenant’s self-insurance program in a commercially reasonable manner so as to ensure availability of funds to cover all losses required to be indemnified insured against by Tenant hereunder; (iii) Tenant maintains a reasonably verifiable tangible net worth (determined in accordance with generally accepted accounting principles, consistently applied) of not less than One Hundred Million Dollars ($100,000,000.00); and (iv) the coverages required to be furnished by Tenant under this Lease are not diminished or limited by the aggregate limits of such self-insurance program. 4.13.3 If Tenant fails to acquire or maintain any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be required to, upon five (5) Business Days prior written notice to Tenant, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement Landlord within thirty (30) days of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenantdemand.

Tenant Insurance. Commencing with the Commencement Date, and throughout the Term, Tenant shall, or Tenant shall cause Manager and where applicable, each subtenant, to, procure and maintain the following, all except to the extent required by the terms of the Condominium Documents to be maintained by the Condominium Association: (a) To maintain in force during currency insurance against damage to the Leased Property from risks of this Lease at all nature including, without limitation, flood and earthquake (but only if the Tenant's expense Leased Property is within a flood or earthquake zone for which such insurance policies to cover the following: (iis customarily obtained) and comprehensive general liability boiler and machinery insurance with limits of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of any boiler, pressure vessel and the business carried onunfired pressure vessel and all air conditioning equipment, auxiliary piping, motors, compressors and electrical equipment (all on a broad form, blanket replacement-cost basis), in or from the Leased Premises, in aggregate amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to which shall not be less than the full replacement value thereof; and (iii) any other Replacement Value thereof and in no event less than the minimum amount necessary to avoid the effect of co-insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itselfprovisions of such policies; (b) That all use and occupancy or business interruption insurance covering loss of income to Tenant's , Landlord and Manager, as applicable, for a minimum indemnity period of 12 months resulting from interruption of business caused by the occurrence of any of the risks insured against under the property damage insurance required hereunder shall be with insurers and upon terms and conditions referred to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's requestin Clause 9.1(a) above; (c) That all policies comprehensive public liability insurance on an occurrence basis against claims for personal injury, death or property damage suffered by others arising out of insurance the operations of Tenant, Manager, or other occupants of the Leased Property, indemnifying and protecting Tenant and Manager in such amounts and to such extent as may from time to time be maintained by the Tenant shallusual and prudent for companies operating or owning similar properties in equivalent locations (which amounts shall not initially be less than twenty-five million dollars ($25,000,000) for any personal injury, death, property damage or other claim in the case respect of general liability insurance, include the Landlord (any one accident or occurrence) and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees without limitation of the Landlord. All such foregoing, with provisions for cross liability and severability of interests and naming Manager as an additional insured, which insurance policies shall also contain a provision prohibiting the insurer from cancelling be primary to any and all insurance placed by Manager or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereofits Affiliates; (d) That if the Tenant fails to take out worker compensation insurance or maintain in force such insurance required by similar employee benefit acts as required by law, as well as employee’s liability insurance having a minimum per occurrence limit of one million dollars ($1,000,000) against all claims which may be brought for personal injury or death of any staff; (e) crime insurance, the Landlord may take out the necessary including bonds covering Staff for a minimum of one million dollars ($1,000,000) per loss; (f) such other property insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rentis customarily maintained by Manager at similar projects; and (eg) That if both such additional insurance as may be reasonably required from time to time, by (i) Existing CC&Rs in effect on the Landlord date hereof and the Tenant have claims to be indemnified any Future CC&Rs, (ii) a Mortgagee under any such insuranceMortgage Loan Documents, and (iii) the indemnity shall be applied first to the settlement terms of the claim of the Landlord and the balance, if any, to the settlement of the claim of the TenantCondominium Documents.

Tenant Insurance. 4.13.1 Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of which shall be endorsed as needed to provide that the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant’s liability insurance: (a) To maintain in force during currency A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant’s obligations under the paragraph captioned “Indemnification”, insuring against claims of bodily injury and death or property damage or loss with a combined single limit at the Commencement Date of this Lease of not less than Two Million Dollars ($2,000,000.00), which limit shall be reasonably increased during the Lease Term (but no more frequently than once every thirty-six (36) months) at Landlord’s request to reflect standard coverages then being required by commercial landlords of similar properties due to increases in liability exposure arising from inflation as well as from changing use of the Tenant's expense Premises or changing legal liability standards, which policy shall be payable on an “occurrence” rather than a “claims made” basis, and which policy names Landlord and Manager and, at Landlord’s request Landlord’s mortgage lender(s) or investment advisors, as additional insureds; (b) A policy of extended property insurance policies (which is commonly called “all risk”) covering any and all furniture, trade fixtures, equipment, inventory, and other personal property owned by Tenant in or about the Premises which is not owned by Landlord, for one hundred percent (100%) of the then current replacement cost of such property; (c) Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other sums payable under this Lease, should any or all of the following:Premises not be usable for a period of up to twelve (12) months; (id) comprehensive general A policy or worker’s compensation insurance as required by applicable law and employer’s liability insurance with limits of not no less than Five Million Hundred Thousand and No/100 Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount of such premium immediately on demand as Additional Rent500,000.00); and (e) That if both the A policy of comprehensive automobile liability insurance, including loading and unloading, and covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars ($1,000,000.00) per occurrence. 4.13.2 All insurance policies required under this paragraph shall be with companies reasonably approved by Landlord and each policy shall provide that it is not subject to cancellation, lapse or reduction in coverage except after thirty (30) days’ written notice to Landlord. Tenant shall deliver to Landlord and, at Landlord’s request Landlord’s mortgage lender(s), prior to the Commencement Date and from time to time thereafter, certificates evidencing the existence and amounts of all such policies. 4.13.3 If Tenant have claims fails to acquire or maintain any insurance or provide any certificate required by this paragraph, Landlord may, but shall not be indemnified under any required to, obtain such insurance, insurance or certificates and the indemnity costs associated with obtaining such insurance or certificates shall be applied first payable by Tenant to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenanton demand.

Tenant Insurance. (a) To Tenant agrees to take out and maintain in force at all times during currency the Lease Term a policy of this Lease fire and extended coverage insurance on its alterations and other personal property placed at the Premises (including, but not limited to the rooftop HVAC and plate glass). Such policy shall contain a replacement cost endorsement. In the event that either Landlord or Tenant sustains a loss by reason of fire or other casualty which is covered (or could have been covered) by fire and extended coverage insurance policy or other insurance policy or rider thereto, and such fire or casualty is caused in whole or in part by acts or omissions of the other party, its agents, servants or employees, then the party sustaining such loss agrees to look solely to its insurance proceeds (if any); and such party shall have no claim or right of recovery against the other party to this Lease, or its agents, servants or employees; and no third party shall have any claim or right of recovery by way of subrogation or assignment or otherwise. Such insurance policy shall contain a loss payable clause designating Tenant and Landlord as loss payees as their respective interests may appear. Tenant shall be responsible for the safety and personal wellbeing of Tenant's expense insurance policies to cover ’s employees, both within the following: (i) comprehensive Premises and in the Common Area. Tenant will take out and maintain, at its own cost and expense, commercial general liability insurance with limits coverage in a minimum amount of not less than Five Million Dollars ($5,000,000.00) (including bodily injury 2,000,000.00 combined single limit and property damage, tenant's legal liability, cross shall include products liability coverage. Such policy shall name Landlord and contractual liability) to cover all responsibilities assumed by Tenant as the Tenant with respect to the use or occupancy of and the business carried on, in or insureds. If written on a separate policy from the Leased Premisescommercial general liability policy, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in such policy shall name Landlord as an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objectionadditional insured. Copies of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all The policies of insurance required to be maintained by Tenant under the Tenant shall, terms of this Lease are referred to in this Section in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) singular as additional insured and, a “Required Policy” and in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees of the Landlordplural as “Required Policies”. All such insurance policies Required Policies shall also contain be in a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the form and with a company reasonably acceptable to Landlord thirty and shall be endorsed so as to be non-cancelable with respect to Landlord and not subject to material change except upon ten (3010) days prior written notice thereof; (d) That if to Landlord given in the manner set forth in Article 23, below. Tenant fails agrees to take out initially deliver to Landlord a duplicate original or certificate of each Required Policy upon tender of possession of the Premises to Tenant and at all times during the lease term, to maintain in force such insurance, a duplicate original or a certificate of all Required Policies on deposit with Landlord. Landlord and Tenant each hereby release the Landlord may take out the necessary insurance other from any and pay the premium therefor and the Tenant shall pay all liability or responsibility to the Landlord other, or to any other party claiming through or under them by way of subrogation or otherwise, for any loss or damage to property caused by a casualty which is insurable under standard fire and extended coverage insurance; provided, however, that this mutual waiver shall be applicable only with respect to a loss or damage occurring during the amount of such premium immediately on demand as Additional Rent; and (e) That if both time when property insurance policies, which are readily available in the Landlord and marketplace, contain a clause or permit an endorsement to the Tenant have claims to be indemnified under effect that any such insurancerelease shall not adversely affect or impair the policy or the right of the insured party to receive proceeds under the policy; provided further, the indemnity that this release shall not be applied first applicable to the settlement portion of any damage which is not reimbursed by the damaged party’s insurer because of the claim of “deductible” in the Landlord and the balance, if any, to the settlement of the claim of the Tenantdamaged party’s insurance coverage.

Tenant Insurance. (a) To maintain Tenant shall purchase at its own expense and keep in force during currency of this Lease at the Tenant's expense insurance a policy or policies to cover the following: of (i) comprehensive "All-risk" property insurance covering its contents (and otherwise resulting from any acts or operations of Tenant); (ii) commercial general liability insurance with limits insurance, including personal injury and property damage, in the amount of not less than Two Million Dollars ($2,000,000.00) per occurrence and Five Million Dollars ($5,000,000.00) (including bodily injury annual general aggregate per location, and comprehensive automobile liability insurance covering Tenant against any losses arising out of liability for personal injuries or deaths of persons and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant with respect to the use or occupancy of and the business carried on, damage occurring in or from about the Leased Premises, in amounts acceptable to the Landlord; (ii) all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereofPremises and Property; and and (iii) Business Interruption Coverage. Said policies shall (a) name Landlord and any other insurance that the Landlord (or the Landlord's mortgagee, if any) party holding an interest to which this Lease may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; be subordinated as additional insureds; (b) That all Tenant's be issued by an insurance required hereunder shall be company with insurers a Best rating of A-X or better and upon terms otherwise reasonably acceptable to Landlord and conditions licensed to do business in the state in which the Property is located; (c) provide that said insurance shall not be canceled or materially modified unless thirty (30) days' prior written notice shall have been given to Landlord, (d) provide coverage on an occurrence basis; (e) contain a severability of insured parties provision and a cross liability endorsement; (f) be primary, not contributing with, and not in excess of coverage which Landlord has no reasonable objectionmay carry; (g) include a fire endorsement. Copies Said policy or policies or, at Landlord's option, Certificate of all Insurance on the so-called "XXXXX" form 27 evidencing said policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord (and mortgagee) or the agents or employees upon commencement of the Landlord. All such insurance policies Lease and renewals thereof shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord be delivered at least thirty (30) days prior written notice thereof; (d) That if the Tenant fails to take out or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount expiration of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such said insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenant.

Tenant Insurance. Tenant shall, at Tenant's expense, obtain and keep in force starting on the date it initially takes occupancy of the Premises and continuing throughout the term of this Lease a policy of: (a) To maintain in force during currency combined single limit, bodily injury and property damage liability insurance insuring Landlord and Tenant against any liability arising out of this Lease at the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, the limits of which shall not be less than one million dollars ($1,000,000) per occurrence, (b) all risk property insurance including without limitation fire, theft, sprinkler damage and malicious mischief covering all of Tenant's expense insurance policies property from time to cover time on or about the following: (i) comprehensive general liability insurance with limits Premises in amount of not less than Five Million Dollars ninety (90%) of its replacement cost with a deductible not in excess of $5,000,000.00500.00, and (c) business interruption insurance covering all loss and damage which Tenant may suffer by reason of (i) the use of the Premises being lost or impaired by reason of a fire, casualty or any of the other perils insurable under a policy of all risk property insurance affecting the Premises or other portion of the Building, or (ii) loss or impairment of services (including bodily injury and property damage, tenant's legal liability, telephone services) which the Intrabuilding Network Cabling (as defined in Section 11 above) is intended to provide. The limit of said liability insurance shall not limit the liability of the Tenant hereunder. Each liability policy shall contain cross liability endorsements and contractual liability) to cover all responsibilities assumed shall insure performance by the Tenant with respect of the indemnity provisions of this Lease. Tenant may carry any of said insurance under a blanket policy, providing Landlord's rights hereunder are not diminished. If Tenant shall fail to procure and maintain any of said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the use expense of Tenant. All insurance required hereunder, shall be in companies rated A/VIII or better in "Best's Insurance Guide". Tenant shall deliver to Landlord prior to occupancy of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (ii) Premises copies of policies of all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies of all policies, herein or certificates evidencing the existence and amounts of such insurance or its renewal with loss payable clauses satisfactory to Landlord. All policies shall provide that Landlord be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, notified in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver writing by the insurer and Tenant of any rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against the Landlord at least twenty (and mortgagee) or the agents or employees of the Landlord. All such insurance policies shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving the Landlord thirty (3020) days prior written notice thereof; (d) That if the Tenant fails to take out any cancellation or maintain in force such insurance, the Landlord may take out the necessary insurance and pay the premium therefor and the Tenant shall pay to the Landlord the amount expiration of such premium immediately on demand as Additional Rent; and (e) That if both policy, or in the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement amounts of the claim of the Landlord and the balance, if any, to the settlement of the claim of the Tenantinsurance carried.

Tenant Insurance. (a) To maintain in force during currency During the Term of this Lease at Lease, the Tenant shall acquire and maintain Commercial General Liability Insurance for not less than Five Million dollars ($5,000,000.00); All Risk Property Insurance, on a replacement cost basis on all of the Tenant's expense ’s trade fixtures; Business Interruption Insurance; Tenant’s Legal Liability Insurance (Broad Form); Boiler and Machinery Insurance (if applicable); Environmental Damage Insurance. The Tenant’s policies of insurance policies to cover set-out above shall contain the following: (ia) comprehensive general liability insurance with limits provisions that the Landlord is protected notwithstanding any act, neglect or misrepresentation of not less than Five Million Dollars ($5,000,000.00) (including bodily injury and property damage, tenant's legal liability, cross liability and contractual liability) to cover all responsibilities assumed by the Tenant which might otherwise result in the avoidance of claim under such policies, and further that such policies shall not be affected or invalidated by any act, omission, or negligence of any third party which is not within the knowledge or control of any insured(s); (b) provisions that such policies and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by the use Landlord, that any coverage carried by the Landlord may only be called upon on a difference in conditions or occupancy excess coverage basis, and that any such Landlord coverage shall inure to the sole benefit of and the business carried on, in or from the Leased Premises, in amounts acceptable to the Landlord; (iic) provisions that all risk insurance covering leasehold improvements made or installed by or on behalf of the Tenant in an amount equal to the full replacement value thereof; and (iii) any other Tenant’s insurance that the Landlord (or the Landlord's mortgagee, if any) may reasonably require from time to time in form and amounts and as specified above shall provide for insurance risks against which a prudent Tenant would protect itself; (b) That all Tenant's insurance required hereunder shall be with insurers and upon terms and conditions to which the Landlord has no reasonable objection. Copies waiver of all policies, or certificates evidencing the insurance or its renewal shall be delivered to the Landlord at the Landlord's request; (c) That all policies of insurance to be maintained by the Tenant shall, in the case of general liability insurance, include the Landlord (and, where applicable, the Landlord's mortgagee) as additional insured and, in the case of all other insurance coverage, contain a waiver by the insurer and Tenant of any insurer’s rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled as against the Landlord (and mortgagee) or the agents or employees of the Landlord. All such insurance policies ’s mortgagee and shall also contain a provision prohibiting the insurer from cancelling or altering the insurance coverage without first giving name the Landlord thirty (30) days prior written notice thereofand the Landlord’s mortgagee as an additional insured; (d) That if provisions that all policies of insurance carried by the Tenant fails shall not be cancelled or materially changed without the insurer or the Tenant providing the Landlord Thirty (30) consecutive days written notice stating when such cancellation shall become effective. The Tenant shall further during the whole of the Term, and any extension thereof, maintain such other insurance in such amounts and in such sums as a Tenant acting reasonably shall purchase, or as the Landlord or the Landlord’s mortgagees may reasonably determine from time-to-time. Evidence satisfactory to take out or maintain the Landlord of all such policies of insurance required to be obtained by the Tenant pursuant to this section shall be provided to the Landlord prior to the commencement of the Term, and the Tenant shall provide written evidence of the continuation of such policies not less than Ten (10) consecutive days prior to their respective expiration dates, and, in force the absence of said satisfactory evidence of such coverage being provided, the Landlord may, but will not be obligated to, provide for the purchase of such insurance, the Landlord may take out cost of which will be borne exclusively by the necessary Tenant. For certainty, in the event of any damage to the Building, or any part thereof, caused by the negligence or wilful act of the Tenant or anyone for whom the Tenant is at law responsible, the Tenant’s legal liability insurance and pay will be required to cover all costs relating to such damage. In the premium therefor event that any such damage exceeds the value of the Tenant’s legal liability insurance coverage and the Tenant shall pay Landlord’s insurance is required to the Landlord the amount of such premium immediately on demand as Additional Rent; and (e) That if both the Landlord and the Tenant have claims to be indemnified under any such insurance, the indemnity shall be applied first to the settlement of the claim of the Landlord and cover the balance, if any, the Tenant will be responsible for paying the Landlord’s insurance deductible(s) relating to such damage and any increase in the settlement of the claim of the TenantLandlord’s insurance premiums relating to such damage.