Common use of Tenant to Insure Clause in Contracts

Tenant to Insure. The Tenant is to: 16.1.1 at all times during the Term insure the Premises under a Standard Policy covering the Insured Risks and the Reinstating Cost in the name of the Tenant and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten million pounds (£10,000,000) Index Linked (for each and every occurrence and with no annual aggregate limit) or as the Landlord may from time to time (acting reasonably) require and notify to the Tenant in writing, such policy to be on terms approved by the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce to the Landlord a copy or full details of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenant.

Tenant to Insure. The At its sole cost, risk and expense, the Tenant is to: 16.1.1 at all times shall take out and keep in force during the Term insure the Premises under a Standard Policy covering the Insured Risks and the Reinstating Cost in the name any period of occupancy of the Tenant and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained Leased Premises by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour prior to the Commencement Date, standard fire and extended coverage, contractual and tenant's legal liability coverage, lease agreement contractual coverage, and malicious damage insurance on the stock-in-trade, furniture, fixtures, glass improvements and all other contents of the Landlord; 16.1.3 procure Leased Premises to their full replacement value and comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten five million pounds dollars (£10,000,000$5,000,000.00) Index Linked (and tenant's fire legal liability insurance all in amounts and with policies in a form satisfactory to the Landlord with insurers acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than the public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify to any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in writingforce, such policy to be on terms approved by the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce provide to the Landlord a copy or full details proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in such event, the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord with current copies of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies certificate of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantdescribed herein.

Tenant to Insure. (a) The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-in-trade, furniture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten we three million pounds dollars (£10,000,000$3,000,000) Index Linked (and tenant's fire legal liability insurance all in amounts and with policies in a form reasonably satisfactory to the Landlord with insurers reasonably acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in force, or provide to the Landlord proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in writingsuch event, such policy the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on terms approved the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord with current copies of the insurance policies or certificates of insurance as described herein. (such approval b) The Landlord and the Tenant acknowledge and agree that, provided the Tenant is Computer Associates Canada, Ltd. and is not in default hereunder beyond any applicable cure periods, in lieu of the Tenant's insurance requirements described in Article 8.01(a) above, the Tenant may at its option elect to self-insure, provided that: (i) the effect of the Tenant's self-insurance shall be unreasonably withheld or delayedto protect the interests of the Tenant, the Landlord and the Landlord's mortgagee to the same extent and in the same manner as if the Tenant had taken out insurance as required under Article 8.01(a); 16.1.4 make (ii) the Tenant shall indemnify, reimburse and hold harmless the Landlord, the Landlord's mortgagee and parties for whom the Landlord is responsible at law from and against all payments necessary expense, loss or costs incurred or suffered by the Landlord, its mortgagee and/or such other parties as a result of the Tenant so electing to self-insure; and (iii) the Tenant shall provide to the Landlord a certificate stating the amount set aside by the Tenant for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request such self insurance, from time to time, produce and certifying that such amount is reasonably sufficient to cover all insurance claims for the Landlord a copy or full details of the insurance policies effected in accordance with this Lease and all endorsements on period to which such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost certificate relates, such certificate to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt be updated by the Tenant; 16.1.6 pay to Tenant at least annually, and more often in the Landlord within twenty eight (28) days case of written demand claims made against the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantamount so set aside.

Tenant to Insure. The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-in-trade, furniture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten five million pounds dollars (£10,000,000$5,000,000) Index Linked (and tenant's fire legal liability insurance all in amounts and with policies in a form satisfactory to the Landlord with insurers acceptable to the Landlord, acting reasonably. The comprehensive general liability policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall use commercially reasonable efforts to obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in force, or provide to the Landlord proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in writingsuch event, such policy the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on terms approved the first day of the next month following the said payment by the Landlord (such approval not The Tenant agrees to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce to provide the Landlord a copy or full details with current copies of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies certificates of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantdescribed herein.

Tenant to Insure. The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-in-trade, furniture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten five million pounds dollars (£10,000,000$5,000,000) Index Linked (and tenant's fire legal liability insurance all in amounts and with policies in a form satisfactory to the Landlord with insurers acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify to any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in writingforce, such policy to be on terms approved by the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce provide to the Landlord a copy or full details proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in such event, the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord with current copies of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies certificates of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantdescribed herein.

Tenant to Insure. (a) The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-intrade, fumiture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten three million pounds dollars (£10,000,000$3,000,000) Index Linked (and tenant's fire legal liability insurance all in amounts and with policies in a form reasonably satisfactory to the Landlord with insurers reasonably acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in force, or provide to the Landlord proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in writingsuch event, such policy the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on terms approved the first day of the next month following the id payment by the Landlord. The Tenant agrees to provide the Landlord with current)pies of the insurance policies or certificates of insurance as described herein. The Landlord and the Tenant acknowledge and agree that, provided the Tenant is ACCPAC Canada Inc. and is not in default hereunder beyond any applicable cure periods, in lieu of the Tenant's insurance requirements described in Article 8.01(a) above, the Tenant may at its option elect to self-insure, provided that: (such approval not i) the effect of the Tenant's self-insurance shall be to be unreasonably withheld or delayedprotect the interests of the Tenant, the Landlord and the Landlord's mortgagee to the same extent and in the same manner as if the Tenant had taken out insurance as required under Article 8.01(a); 16.1.4 make (ii) the Tenant shall indemnify, reimburse and hold harmless the Landlord, the Landlord's mortgagee and parties for whom the Landlord is responsible at law from and against all payments necessary expense, loss or costs incurred or suffered by the Landlord, its mortgagee and/or such other parties as a result of the Tenant so electing to self-insure; and (iii) the Tenant shall provide to the Landlord a certificate stating the amount set aside, by the Tenant for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request such self insurance, from time to time, produce and certifying that such amount is reasonably sufficient to cover all insurance claims for the Landlord a copy or full details of the insurance policies effected in accordance with this Lease and all endorsements on period to which such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost certificate relates, such certificate to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt be updated by the Tenant; 16.1.6 pay to Tenant at least annually, and more often in the Landlord within twenty eight (28) days case of written demand claims made against the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantamount so set aside.

Tenant to Insure. The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-in-trade, furniture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten five million pounds dollars (£10,000,000$5,000,000) Index Linked (all in amounts and with policies in a form satisfactory to the Landlord with insurers acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify to any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in writingforce, such policy to be on terms approved by the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce provide to the Landlord a copy or full details proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in such event, the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord with current copies of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies certificates of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to described herein at least annually and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused more frequently if requested by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the TenantLandlord.

Tenant to Insure. The Tenant is to: 16.1.1 at all times covenants and agrees with the Landlord that it will take out, and keep in force during the Term insure and during such other time as the Tenant occupies the whole or any part of the Premises: (a) insurance on all glass and plate glass in or on the Premises, whether provided by the Landlord or the Tenant; (b) broad boiler and machinery insurance on any such equipment in the Premises; (c) standard fire insurance with extended coverage or additional perils supplemental contract on the stock-in-trade, furniture, fixtures, improvements and all other contents of the Premises under a Standard Policy covering to their full insurable value; (d) business interruption insurance in such amounts as will reimburse the Insured Risks Tenant for direct or indirect loss of earnings and for such risks as would be carried by prudent tenants; (e) comprehensive general liability insurance, including without limitation non-owned automobile insurance, against claims for fire, personal injury, death or property damage or loss on, in or about the Reinstating Cost in Premises or otherwise howsoever arising out of the name operations of the Tenant or any person conducting business from the Premises, to the combined limit as may be reasonably required by the Landlord from time to time but, in any case not less than Two Million Dollars ($2,000,000.00) in respect to injury or death to a single person and in respect of any one accident concerning property damage; (f) owned automobile insurance with respect to all motor vehicles owned by the Tenant and operated in its business; and (g) such other insurance in such amounts and on such terms as the Landlord may determine from time to time on consultation with its insurance advisors all in amounts and with policies in form satisfactory from time to time to the Landlord with insurers acceptable to the Landlord. Each such policy will name the Landlord as an additional insured as its interest may appear. Each such policy will provide that the insurer will not have any right of subrogation against the Landlord on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained Tenant covered by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of such insurance. The cost or in connection with any matter relating to the Premises in an amount of not less than ten million pounds (£10,000,000) Index Linked (premium for each and every occurrence and with no annual aggregate limit) or as such policy will be paid by the Tenant. The Tenant will obtain from the insurers under such policies undertakings to notify the Landlord may from time in writing at least 30 days prior to time (acting reasonably) require and notify any cancellation of the policies. The Tenant agrees to the Tenant in writing, such policy to be on terms approved by provide the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes with a certified copy of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce to the Landlord a copy or full details each of the insurance policies effected described in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working 10 business days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord obtaining or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantrenewing such policies.

Tenant to Insure. The Tenant is toshall take out and keep in force from the time the Tenant begins improvements to the Leased Premises or the Commencement Date, whichever first occurs, and thereafter till the end of the Term: 16.1.1 at (i) fire insurance with extended coverage endorsements and vandalism and malicious damages endorsements, including water leakage, plus such additional coverage as the Tenant may deem necessary; to cover the furniture, fixtures, equipment, machinery, improvements and all times during the Term insure the Premises under a Standard Policy covering the Insured Risks and the Reinstating Cost in the name other contents of the Tenant Leased Premises, for amounts sufficient to replace these items; and (ii) comprehensive general liability insurance in an amount not less than $1,000,000.00 per occurrence inclusive limits; and with if the interest Landlord shall require the same from time to time then also: (iii) Tenant's fire legal liability insurance in an amount not less than the actual cash value of the Landlord Leased Premises; and (either specifically iv) insurance or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant a maintenance contract upon all plate glass in satisfaction of this clause 16 includes or which forms a waiver of subrogation provision in favour boundary of the Landlord; 16.1.3 procure insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Leased Premises in an amount of not less sufficient to replace all such glass; all in amounts which may be higher than ten million pounds (£10,000,000) Index Linked (the minimum amounts set out above, with insurers and with policies satisfactory to the Landlord from time to time. Each such policy shall include the Landlord as a named insured. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require any cancellation thereof. The Tenant agrees that if the Tenant fails to take out or keep in force such insurance the Landlord will have the right to do so and notify to pay the premium therefor and in such event the Tenant shall repay to the Tenant in writingLandlord the amount paid as premium, such policy which repayment shall be deemed to be Additional Rental payable on terms approved the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord (with certificates of such approval insurance policies as described herein and each renewal and replacement thereof and each endorsement thereto. PROVIDED THAT the Landlord shall not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for require the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request same from time to time, produce to the Landlord a copy or full details of the insurance policies effected in accordance with this Lease and all endorsements on if such insurance policies coverage under an insurance policy for the Building and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no such cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies of insurance void or voidable is included in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the TenantBuilding Operating Costs.

Tenant to Insure. The Tenant is to: 16.1.1 Tenant, at all times its sole cost and expense, shall take out and keep in force during the Term insure Term, standard fire and extended coverage, and malicious damage insurance on the Premises under a Standard Policy covering the Insured Risks stock-in-trade, furniture, fixtures, glass, improvements and the Reinstating Cost in the name all other contents of the Tenant Leased Premises to their full replacement value, and with the interest of the Landlord (either specifically or automatically) noted on the policy; 16.1.2 use reasonable endeavours to procure that any policy obtained by the Tenant in satisfaction of this clause 16 includes a waiver of subrogation provision in favour of the Landlord; 16.1.3 procure comprehensive general liability insurance with Standard Insurers against all public liability risks of the Tenant to third parties arising out of or in connection with any matter relating to the Premises in an amount of not less than ten five million pounds dollars (£10,000,000$5,000,000) Index Linked (and tenant’s fire legal liability insurance all in amounts and with policies in a form satisfactory to the Landlord with insurers acceptable to the Landlord. Each such policy shall name the Landlord as an additional insured as its interest may appear and such comprehensive public liability insurance shall contain a provision for cross liability as between the Landlord and the Tenant. Each policy other than public liability policies shall provide that the insurer shall not have any right of subrogation against the Landlord, its servants, agents or employees on account of any loss or damage covered by such insurance or on account of payments made to discharge claims against or liabilities of the Landlord or Tenant covered by such insurance. The cost or premium for each and every occurrence and with no annual aggregate limit) or as such policy shall be paid by the Tenant. The Tenant shall obtain from the insurers under such policies, undertakings to notify the Landlord may from time in writing at least thirty (30) days prior to time (acting reasonably) require and notify to any cancellation or reduction in coverage thereof. If the Tenant fails to take out or keep in writingforce, such policy to be on terms approved by the Landlord (such approval not to be unreasonably withheld or delayed); 16.1.4 make all payments necessary for the purposes of obtaining and maintaining the insurances required under clauses 16.1.1 and 16.1.3 and shall upon request from time to time, produce provide to the Landlord a copy or full details proof, as hereafter contemplated, of such insurance, the Landlord shall have the right to place such insurance on behalf of the Tenant and to pay the premium therefor and in such event, the Tenant shall repay to the Landlord the amount paid therefor, which repayment shall be deemed to be Additional Rent payable on the first day of the next month following the said payment by the Landlord. The Tenant agrees to provide the Landlord with current copies of the insurance policies effected in accordance with this Lease and all endorsements on such insurance policies and evidence that they are in force (including evidence that the last premium has been paid); 16.1.5 not less than once in every five years obtain at no cost to the Landlord an independent professional valuation of the Reinstating Cost of the Premises and to provide a copy of such valuation within ten (10) working days of its receipt by the Tenant; 16.1.6 pay to the Landlord within twenty eight (28) days of written demand the Landlord’s proper costs of any independent professional valuation of the Reinstating Cost of the Premises obtained by the Landlord or on its behalf (as evidenced by appropriate receipts and/or invoices) if the Tenant has either failed to comply with clause 16.1.5 or the Landlord and the Tenant are otherwise in dispute as to the provisions of this clause 16; 16.1.7 comply and use its reasonable endeavours to procure compliance by all persons acting for or under the control of the Tenant with the requirements and recommendations of the insurers (including as to the carrying out of any Works); 16.1.8 not knowingly do anything and shall use all reasonable endeavours not to permit anything to be done upon the Premises or any part thereof which is likely to render any of the Landlord’s policy or policies certificates of insurance void or voidable in relation to the Railway Premises or the Operation of the Railway; 16.1.9 not to and to use its reasonable endeavours to procure all persons acting for or under the control of the Tenant do not carry on or permit any trade business or activity which is likely to make any policy of insurance void or voidable or as a result of which payment of policy money might be withheld in whole or in part; 16.1.10 notify the Landlord immediately in writing of any damage to or destruction of the Premises or any claim under any of the insurances referred to in this clause (in each case whether or not caused by an Insured Risk); and 16.1.11 notify the Landlord as soon as reasonably practicable of the Tenant becoming aware of any material changes in a policy of insurance procured by the Tenantdescribed herein.