Common use of Tenant Clause in Contracts

Tenant. During the Term hereof, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration of each policy: (1) Commercial general liability insurance for the benefit of Tenant and Landlord as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000.00)combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (i) the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant shall be written as a primary policy, and shall not be contributing with or in excess of any coverage which Landlord may carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such loss.

Tenant. During the Term hereof, Tenant shall keep all of Tenant’s property on the Premises, and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease Commencement Date and annually thereafter before is in effect, be used for the expiration repair or replacement of each policy: (1) Commercial the property so insured. Tenant shall also carry commercial general liability insurance for the benefit of Tenant and Landlord as written on an additional insured, occurrence basis with a limit policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00)combined single limit per 2,000,000.00) each occurrence, against claims for personal injury which initial amount shall be subject to periodic increase based upon inflation, increased liability includingawards, without limitationrecommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, bodily injuryif Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, death Tenant shall obtain such endorsements to the commercial general liability policy or property damage otherwise obtain insurance to insure all liability and covering arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) the business(es) operated provided by Tenant and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services an insurer or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging insurers who are approved to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income issue insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business policies in the State in which the Project is Premises are located and rated have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not less more than Best's Financial Class X annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Best's Policy Holder Rating "A"Landlord’s managing agent. In addition, any All insurance policy obtained policies required to be carried by Tenant hereunder shall be written as a primary policy, and shall policies not be contributing with or and not in excess of any coverage which Landlord may carry, carry and shall not have loss payable clauses satisfactory to Landlord and a deductible in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt excess of a xxxx therefor and evidence of such losscommercially reasonable amount.

Tenant. During the Term hereof, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration of each policy: (1) Commercial general liability insurance for the benefit of Tenant and Landlord as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000.00)combined 2,000,000.00) combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (ia) the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (iib) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iiic) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief All risk property insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law;; and (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months or the remaining term of this Lease, whichever is shorter, if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days days' prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant shall be written as a primary policy, and shall not be contributing with or in excess of any coverage which Landlord may carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such loss.The

Tenant. During the Term hereof, 11.2.1 Tenant shall keep all of Tenant’s property on the Premises insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior an amount equal to the replacement cost of such property, the proceeds of which shall, so Jong as this Lease Commencement Date and annually thereafter before is in effect, be used for the expiration repair or replacement of each policy: (1) Commercial the property so insured. Tenant shall also carry commercial general liability insurance for the benefit of Tenant and Landlord as written on an additional insured, occurrence basis with a limit policy limits of not less than Two Five Million and No/100 Dollars ($2,000,000.00)combined single limit per 5,000,000) each occurrence, against claims for which includes blanket contractual liability broad form property damage, personal injury liability including, without limitation, bodily injury, death completed operations and products liability. So long as the coverage afforded Landlord, the other additional insureds and any designees of Landlord shall not be reduced or property damage otherwise adversely affected, all or part of Tenant’s insurance may be carried under a blanket policy covering the Premises and any other of Tenant’s locations, or by means of a so called “ Umbrella” policy. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability and covering policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. The insurance required to be maintained by Tenant under this Lease shall be primary coverage; any insurance required to be maintained by Landlord under this Lease shall be secondary coverage. 11.2.2 Such commercial general liability insurance shall be (i) the business(es) operated provided by Tenant and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services an insurer or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging insurers who are approved to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income issue insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business policies in the State in which the Project Premises is located and rated have an A.M. Best financial strength rating of A- or better and financial size category not less than VIII in the most current edition of Best's Financial Class X ’s Insurance Reports, and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant (ii) shall be written as evidenced by a primary policycertificate delivered to Landlord on or prior to the Commencement Date and annually thereafter, and shall not be contributing with or in excess Tenant’s insurance carriers will provide thirty (30) days advanced notice to Landlord of any coverage which Landlord may carry, cancellation or non-renewal or adverse change of a policy and shall have loss payable clauses satisfactory ten (10) days advanced notice to Landlord of any non-payment of a premium. Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, ’s Agents shall be named as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) yearsinsured on such policy together with, if, in the reasonable opinion of upon written request from Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences’s mortgagee. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Sectioninsurance required hereunder, Landlord is deemed a co-insurer may, but shall not be required to, order such insurance at Tenant’s expense and Tenant shall reimburse Landlord. Such reimbursement shall include all costs incurred by its insurance carrierLandlord including Landlord’s reasonable attorneys’ fees, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such losswith interest thereon at the interest rate provided in Paragraph 26.2.

Tenant. During As long as Tenant (including its successors and assigns) is the Term hereofTenant under this Lease and Tenant has and maintains a net worth (as determined by generally accepted accounting principles, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration consistently applied) of each policy: (1) Commercial general liability insurance for the benefit of Tenant and Landlord as an additional insured, with a limit of not less than Two at least One Hundred Million Dollars ($2,000,000.00)combined single limit per occurrence100,000,000), against claims for personal injury liability includingTenant shall be entitled to satisfy its insurance requirements under this Article XIV pursuant to a program of self-insurance. Any such self-insurance program at all times must satisfy all of the requirements of this Article XIV, must contain all of the terms and conditions of the policies Tenant is required to carry under this Lease, including without limitation, bodily injury, death or property damage liability limitation the amount of protection and covering (i) the business(es) operated by Tenant a full waiver of subrogation and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for must provide not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant shall be written as a primary policy, and shall not be contributing with or in excess of any coverage which Landlord may carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded which would be provided by an independent insurer with a "General Policyholder Rating" of at lease A-VIII as set forth on the date most recent "Best Insurance Guide." If Tenant elects to so self-insure, it shall notify Landlord at least forty-five (45) days before it intends for the Term commencesself-insurance to begin and shall furnish with the notice written evidence reasonably acceptable to Landlord that it then satisfies the above net-worth requirement ("Evidence of Net Worth") and a copy of the self-insurance program ("Self-Insurance Program"). When these requirements are satisfied and the self-insurance election takes effect, and as long thereafter as such net worth requirement is satisfied and the election remains in effect, the Self-Insurance Program shall satisfy Tenant's insurance obligations under this Article XIV. Upon request (but not more often than once a year), Tenant shall furnish Evidence of Net Worth to Landlord showing that it continues to satisfy the above net worth requirement. If Tenant elects and is entitled to so self- insure, then with respect to any claims which may arise or result from incidents occurring during the Lease Term, such self-insurance obligations shall survive the expiration or earlier termination of this Lease to the same extent as the required independent insurance would survive. If after becoming self-insured, the Tenant wants to terminate the Self-Insurance Program, or if it no longer satisfies the requirements of this Article XIV, or if it fails to maintain provide the require Evidence of Net Worth, it shall promptly notify Landlord and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions requirements of this Article XIV. This option to self-insure shall not apply to an assignee or successor of Tenant unless it satisfies all the requirements of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such loss.

Tenant. During Tenant shall, at Tenant's sole expense, obtain and keep in force during the Term hereof, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the of this Lease Commencement Date and annually thereafter before the expiration (a) a policy of each policy: (1) Commercial comprehensive general liability insurance for insurance, including personal injury liability, contractual liability, automobile liability, and completed operations liability (if applicable), insuring Tenant against any liability arising out of the benefit use, occupancy or maintenance of Tenant the Premises and naming Landlord as an additional insured, with insured as its interests may appear. Such insurance shall have a combined single limit of not less than Two Million and no/100ths Dollars ($2,000,000.00)combined single limit 2,000,000.00) for bodily injury and property damage per occurrence, against claims (b) "all risk" property insurance for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (i) the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (ii) operations on a full replacement cost basis of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iiic) contractual liability; (2) Fire, extended statutory worker's compensation and employer's liability coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period limits of not less than twelve $250,000, or qualified self-insurance. The limit of any of such insurance shall not limit the liability of Tenant hereunder, subject to paragraph 53 of this Lease. If Tenant fails to procure and maintain such insurance Landlord may, but shall not be required to, procure and maintain the same (12after a fifteen (15) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained day cure period is provided to Tenant), at Tenant's expense to be reimbursed by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least as additional rent within thirty (30) days prior of written notice of any material change, non-renewal or cancellation of the policy, demand. All insurance required to be obtained by Tenant hereunder shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized issued by companies duly qualified to do business in Texas. Tenant shall deliver to Landlord certificates of insurance showing Landlord as additional insured under general liability coverages and as loss payee under "all risk* insurance, as its interest may appear under the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A"policies. In additionNo policy shall be cancelable, any insurance policy obtained by Tenant allowed to lapse and/or expire and/or be subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall be written as a primary policy, and shall policies (subject to subsection B hereunder) not be contributing with or and not in excess of any coverage which Landlord may carry. The policy limits set forth herein shall be subject to periodic review, and shall have loss payable clauses satisfactory Landlord reserves the right to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit require that Tenant increase the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, coverage limits if, in the reasonable opinion of Landlord, the amount coverage becomes inadequate and is less than commonly maintained by tenants making similar uses in the area of liability insurance specified in this Section XIVsimilar buildings. is not adequate, the above-described limits of coverage Tenant shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance obtain any revised or increased coverage required under this Section XIVby Landlord within thirty (30) days of any such notification from Landlord., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such loss.

Tenant. During Tenant's insurance shall be primary. Tenant, at Tenant's sole cost and expense, shall obtain and maintain, for the Term hereofof this Lease, Tenant shall keep insurance policies in full force form and effect the following insurance content and shall provide appropriate insurance certificates amount, and issued by an insurer, reasonably acceptable to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration of each policy: (1) Commercial general liability insurance for the benefit of Tenant and Landlord, naming Landlord as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000.00)combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering providing the following coverage: (i) all perils included in the business(es) operated by Tenant classification "fire and by any subtenant extended coverage" under insurance industry practices in effect from time to time in the jurisdiction in which the Building is located covering the Leasehold Improvements, including its fixtures, equipment, furnishings, merchandise, alterations, improvements, and other contents, for the full replacement value of Tenant on the Premises, said items; and (ii) operations comprehensive general liability insurance (including contractual liability) which policy is to be in the minimum amount of independent contractors engaged by Tenant for services or construction on or about the Premises$1,000,000.00, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the minimum amount required by law; (4) Business interruption of $500,000.00 with respect to property damage. Tenant shall deliver to Landlord certificates of insurance with copies of each such policy or loss duplicate originals of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a each such policy of all risk insurance; and (5) upon request. Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease policies shall contain a clause provision that the insurer will provide each shall (i) not be cancelable and shall continue in full force and effect unless Landlord with has received at least thirty (30) days 30 days' prior written notice of any material changesuch cancellation or termination, non-renewal or cancellation and (ii) not be materially changed without such 30 day's prior written notice to Landlord. All such insurance shall provide that the insurer shall waive its rights of the policyrecovery by way of subrogation against Landlord, shall be in a form satisfactory to Landlord its agents and employees as required by this Lease, and shall be taken out with an primary. All insurance company authorized which Tenant is required to do business obtain and maintain in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant this Lease shall be written endorsed with a clause substantially as a primary policy, and follows: "This insurance shall not be contributing with invalidated should the insured waive in writing prior to a loss any or in excess all rights of recovery against any coverage which Landlord may carry, and shall have party for loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable occurring to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIVproperty described herein., then Landlord " This Article VI shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions survive termination of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such lossLease.

Tenant. During the Term hereof, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration of each policy:If (1) Commercial general liability insurance for the benefit of Tenant and Landlord as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000.00)combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (ia) the business(es) operated by Tenant and by any subtenant provisions of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory a Third Party Lease grant to Landlord, with as tenant thereunder, the right to obtain a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve Third Party Lease Non-disturbance Agreement and (12b) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant shall be written as a primary policy, and shall not be contributing with or in excess of any coverage which Landlord may carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and at any other party reasonably designated by Landlordtime after the date hereof, as an additional insured. The liability limits of receives notice from the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification applicable Third Party Lessor that such Third Party Lessor intends to Tenant, in order to maintain the level of insurance protection comparable enter into a Fee Mortgage with respect to the protection afforded on the date the Term commences. If Tenant fails Fee Estate subject to maintain and secure the insurance coverage required under this Section XIV.such Third Party Lease, then Landlord shall haveso inform Tenant and shall use its reasonable best efforts to cause the prospective holder of the Fee Mortgage to enter into a Non-disturbance Agreement with Landlord on such prospective holder's customary form. Anything to the contrary contained herein notwithstanding, Landlord's failure to obtain a Third Party Lease Non-disturbance Agreement shall in addition no event be deemed hereunder to all other remedies provided herein and be a default by lawLandlord under the applicable Third Party Lease or hereunder. Unless Landlord obtains a new lease from the applicable Third Party Lessor pursuant to the preceding provisions, upon any termination or expiration of a Third Party Lease, the rightProperty subject to such Third Party Lease shall be deemed deleted from this Restated Lease and, but provided that such expiration or termination was not caused, directly or indirectly, by the obligationacts or omissions of Tenant, to procure and maintain such insuranceSubtenant or their respective agents, contractors, employees, licensees or invitees, the cost of which Fixed Rent shall be due adjusted to reflect such deletion in accordance with the Fixed Rent Adjustment Procedures, and payable the amounts held pursuant to Landlord by Tenant on demand. 19 If, this Restated Lease on account of the failure of Tenant advanced Real Estate Tax payments pursuant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof Article 4 shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such lossadjusted accordingly.

Tenant. During the Term hereof, Tenant shall keep in full force and effect the following insurance and shall provide appropriate insurance certificates to Landlord prior to the Lease Commencement Date and annually thereafter before the expiration of each policy: (1) Commercial general liability insurance for the benefit of Tenant and Landlord as an additional insured, with a limit of not less than Two Million Dollars ($2,000,000.00)combined 2,000,000.00) combined single limit per occurrence, against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (i) the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days days' prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurance company authorized to do business in the State in which the Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, any insurance policy obtained by Tenant shall be written as a primary policy, and shall not be contributing with or in excess of any coverage which Landlord may carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable at least equal to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a xxxx therefor and evidence of such loss.