Common use of TENANT'S AND LANDLORD'S INSURANCE Clause in Contracts

TENANT'S AND LANDLORD'S INSURANCE. INDEMNITY (a) Tenant's Commercial General Liability Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a commercial general liability policy (including coverage for product and contractual liability), naming Tenant as an insured (and naming Landlord as an additional insured, said additional insured's coverage under Tenant's commercial general liability policy to be primary), protecting Tenant, the business operated by Tenant, and any additional insureds (including Landlord) against claims for bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection to the limits of not less than One Million Dollars ($1,000,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) with respect to property damage for fire legal liability. Tenant may use commercially reasonable deductibles Tenant customarily carries in the conduct of its business; however, Tenant shall be responsible for all such deductibles or self-insured retention level. All liability policies shall be written on an occurrence form. (b) Worker's Compensation. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained workers' compensation insurance (meeting the requirements of the state workers' compensation laws) and employer liability insurance covering all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractors, sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation. (c) Tenant's Umbrella. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability, product liability, contractual liability and employer liability policies required hereunder, and any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. Said umbrella liability insurance policy shall also name Landlord as an additional insured (said additional insured's coverage under Tenant's umbrella liability policy to be primary). All liability policies shall be written on an occurrence form. (d) Tenant's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant for all the hazards and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant. If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. The property insurance policy required to be maintained by Tenant under this Section 26(d) shall: (y) not provide coverage for Tenant's Improvements (defined in Section 45 below), which Tenant's Improvements shall be insured by Landlord as required under Section 26(a); (e) Landlord's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Landlord shall, at Landlord's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)) for all the hazards and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)). If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. Neither Tenant nor any of its affiliates or subtenants shall be liable to Landlord for any loss or damage (including loss of income), regardless of cause, resulting from fire, flood, act of G-d or other casualty.

TENANT'S AND LANDLORD'S INSURANCE. INDEMNITY To maintain (a) Tenant shall carry and maintain, or cause to be caiiied and maintained, at all times during the term of this lease and at Tenant's Commercial General expense All Risk Property insurance including coverage of the full replacement value of Tenant's improvements, betterments, furniture, fixtures, equipment and contents. The insurer used by Tenant hereunder shall waive rights of subrogation against Landlord for losses payable under such All Risk Property insurance; (b) Tenant shall carry and maintain, or cause to be carried and maintained, at all times during the term of this Lease and at Tenant's expense a commercial general liability insurance policy (hereinafter referred to as a "Liability InsurancePolicy"). Commencing Such Liability Policy shall include Landlord (and any other party reasonably required by Landlord), as Additional Insured and be written on an "occurrence basis" including, without limitation, blanket contractual liability coverage, broad form property damage, and personal injury coverage protecting Landlord against liability (except for liability resulting from gross negligence or willful misconduct of Landlord) occasioned by any occurrence on or about the premises. Such Liability Policy shall be maintained in an amount not less than $1,000,000 for a single occurrence limit and $2,000,000 for an aggregate limit, and, in addition, $5,000,000 per single occurrence and $5,000,000 per aggregate of excess or umbrella liability insurance; (c) Tenant shall carry and maintain, or cause to be carried and maintained, at all times during the term of this Lease and at Tenant's expense such other insurance or such additional amounts of insurance with respect to the leased property as is generally maintained by persons having similar exposures or properties similarly situated and as the Landlord shall from time to time reasonably require. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord with an A.M. Best rating of at least (A-)(VIII); issued by an insurer reasonably acceptable to Landlord and licensed to do business in The Commonwealth of Massachusetts; and require at least thirty (30) days written notice of cancellation, non-renewal or material alteration to Landlord and to Xxxxxxxx's mortgagee(s), and those who are named as additional insureds. If requested by Landlord, Tenant shall, upon the Commencement Date, and thereafter throughout no less than thirty (30) days prior to the term expiration date of this Leaseeach such policy, deliver to Landlord or Landlord's designated representative certified copies and written evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant shallfails to secure or maintain any insurance coverage required by clause (a) above, or should insurance secured not be approved by Landlord (which approval shall not be unreasonably withheld), Landlord may, without obligation, purchase such required insurance coverage at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a commercial general liability policy (including coverage for product and contractual liability), naming Tenant as an insured (and naming Landlord as an additional insured, said additional insured's coverage under Tenant's commercial general liability policy to be primary), protecting Tenant, the business operated by Tenant, and any additional insureds (including Landlord) against claims for bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection to the limits of not less than One Million Dollars ($1,000,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) with respect to property damage for fire legal liability. Tenant may use commercially reasonable deductibles Tenant customarily carries in the conduct of its business; however, Tenant shall be responsible promptly reimburse Landlord for all such deductibles or self-insured retention levelany monies so expended. All liability policies Landlord shall be written on an occurrence form. (b) Worker's Compensation. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained workers' compensation insurance (meeting the requirements of the state workers' compensation laws) and employer liability insurance covering keep all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractors, sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation. (c) Tenant's Umbrella. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability, product liability, contractual liability and employer liability policies required hereunder, and any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. Said umbrella liability insurance policy shall also name Landlord as an additional insured (said additional insured's coverage under Tenant's umbrella liability policy to be primary). All liability policies shall be written on an occurrence form. (d) Tenant's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's contents, fixtures, equipment and personal property located within working in the Premises and/or owned by Tenant for all the hazards and perils normally covered by the Causes of Loss-Special Formworker's compensation insurance in statutory amounts and to furnish Landlord with certificates thereof. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant. If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. The property insurance policy required to be maintained by Tenant under this Section 26(d) shall: (y) not provide coverage for Tenant's Improvements (defined in Section 45 below), which Tenant's Improvements shall be insured by Landlord as required under Section 26(a); (e) Landlord's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout Throughout the term of this Lease, Landlord shallshall maintain: (1) comprehensive general liability insurance covering common areas and the portion of the Building not leased to a tenant with a combined single limit for bodily injury and property damage in commercially reasonable amounts, at Landlord's sole cost (2) "all risk" insurance covering the Building, and expenseall machinery, provide and maintain or cause to be provided and maintained a property insurance policy insuring all buildings (and building additions) equipment and other personal property used in connection with the Building (but not leasehold improvements or the property of any tenants of the Building) in an amount not less than the Center, Tenant's store buildingthen current replacement value of the Building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)3) for all the hazards boiler and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)). If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. Neither Tenant nor any of its affiliates or subtenants shall be liable to Landlord for any loss or damage (including loss of income), regardless of cause, resulting from fire, flood, act of G-d or other casualtymachinery coverage.

TENANT'S AND LANDLORD'S INSURANCE. INDEMNITY (a) Tenant shall maintain at all times during the Term (i) “all risk” property insurance covering all present and future Tenant's Commercial General Liability Insurance. Commencing as ’s Property and Tenant’s Improvements and Betterments to a limit of not less than the Commencement Datefull replacement cost thereof, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a (ii) commercial general liability policy (insurance, including coverage for product a contractual liability endorsement, and contractual liability)personal injury liability coverage, naming Tenant as an insured (in respect of the Premises and naming the conduct or operation of business therein, with Landlord as an additional insuredand its managing agent, said additional insured's coverage under Tenant's commercial general liability policy if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to be primary), protecting Tenant, the business operated by Tenantas additional insureds, and any additional insureds (including Landlord) against claims for bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection to the with limits of not less than One Million Dollars ($1,000,000.00) per occurrence 5,000,000 combined single limit for bodily injury and Five Hundred Thousand Dollars ($500,000.00) with respect to property damage liability in any one occurrence, (iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds (but not loss payees), with limits of not less than $5,000,000, (iv) when Alterations are in process, the insurance specified in Section 4.01(f) hereof and (v) business interruption insurance in such amounts as will reimburse Tenant for fire legal liabilitydirect and indirect loss of earnings, for a period of twelve (12) months, attributable to all perils and casualties commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the building as a result of such perils. The limits of such insurance shall not limit the liability of Tenant. Tenant may use commercially reasonable deductibles Tenant customarily carries shall deliver to Landlord and any additional insureds, on or prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord and any Superior Lessor or Superior Mortgagee, issued by the conduct of insurance company or its business; however, authorized agent. Tenant shall be responsible procure and pay for all renewals of such deductibles insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or self-insured retention levela certificate thereof at least 30 days before the expiration of any existing policy. All liability such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days’ prior written on an occurrence formnotice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance monies that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proof of loss and other instruments which may be required to recover any such insurance monies. Landlord or any Superior Lessor or Superior Mortgagee may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased to the amounts as are being customarily required by prudent landlords of first-class office buildings in New York City. (b) Worker's Compensation. Commencing as of Throughout the Commencement Date, and thereafter throughout the term Term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide Landlord shall purchase and maintain or cause property damage insurance covering the Building and other improvements in and about the common areas in which Landlord may have an insurable interest (but excluding any improvements required to be provided and maintained workers' compensation insurance (meeting insured by tenants, including Tenant, in the requirements of the state workers' compensation laws) and employer liability insurance covering all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractorsBuilding), sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation. (c) Tenant's Umbrella. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability, product liability, contractual liability and employer liability policies required hereunder, and providing protection against any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. Said umbrella liability insurance policy shall also name Landlord as an additional insured (said additional insured's coverage under Tenant's umbrella liability policy to be primary). All liability policies shall be written on an occurrence form. (d) Tenant's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's contents, fixtures, equipment and personal property located peril included within the Premises and/or owned by Tenant for classification “all the hazards risk” inclusive of standard fire and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include extended coverage insurance, including endorsements for coverage against: (i) earthquake against vandalism, malicious mischief and flood (includingother perils, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided all in amounts sufficient to provide not less than one hundred percent (100%) of the their full replacement cost cost. In addition, Landlord shall maintain “boiler machinery” coverage (and a joint loss agreement if the boiler machinery coverage is issued by a different insurance company than the basic property insurance). Landlord shall also maintain public liability insurance with minimum limits of Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant. If for any reason the Causes liability of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for $5,000,000 covering the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. The property insurance policy required to be maintained by Tenant under this Section 26(d) shall: (y) not provide coverage for Tenant's Improvements (defined in Section 45 below), which Tenant's Improvements shall be insured by Landlord as required under Section 26(a); (e) Landlord's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Landlord shall, at Landlord's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)) for all the hazards and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)). If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. Neither Tenant nor any of its affiliates or subtenants shall be liable to Landlord for any loss or damage (including loss of income), regardless of cause, resulting from fire, flood, act of G-d or other casualtyBuilding.

TENANT'S AND LANDLORD'S INSURANCE. INDEMNITY (a) Tenant's Commercial General Liability Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and ’s expense, provide shall obtain and maintain or cause to be provided keep in full force and maintained a commercial general liability effect (i) an insurance policy (including coverage for product Tenant’s Property and contractual liability), naming Tenant as an insured (and naming Landlord as an additional insured, said additional insured's coverage under Tenant's commercial general liability policy to be primary), protecting Tenant, the business operated Alterations made by Tenant, and any additional insureds (including Landlord) against claims for bodily injury (including death) and property damage occurring within the Premises. Such insurance shall afford protection in either case to the limits of not less than One Million Dollars ($1,000,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) with respect extent insurable under the available standard forms Commercial Property “all-risk” insurance policies, in an amount equal to property damage for fire legal liability. Tenant may use commercially reasonable deductibles Tenant customarily carries in the conduct of its business; however, Tenant shall be responsible for all such deductibles or self-insured retention level. All liability policies shall be written on an occurrence form. (b) Worker's Compensation. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained workers' compensation insurance (meeting the requirements of the state workers' compensation laws) and employer liability insurance covering all of Tenant's employees at the Premises. Tenant shall also use good faith efforts to ensure all contractors, sub-contractors, vendors, leased employees, and temporary employees are properly insured for workers' compensation. (c) Tenant's Umbrella. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained an umbrella liability insurance policy with a Ten Million Dollar ($10,000,000.00) policy limits, which umbrella policy (or policies) shall list the commercial general liability, product liability, contractual liability and employer liability policies required hereunder, and any other liability policy or policies carried by, or for the benefit of, Tenant as underlying policies. Said umbrella liability insurance policy shall also name Landlord as an additional insured (said additional insured's coverage under Tenant's umbrella liability policy to be primary). All liability policies shall be written on an occurrence form. (d) Tenant's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Tenant shall, at Tenant's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring Tenant's contents, fixtures, equipment and personal property located within the Premises and/or owned by Tenant for all the hazards and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: (i) earthquake and flood (including, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority); and (ii) increased costs of construction and demolition due to law and ordinance. The foregoing property coverage shall be provided in amounts sufficient to provide one hundred percent (100%) of the full replacement cost of value thereof (subject, however, at Tenant's contents’s option, fixtures, equipment and personal property located within the Premises and/or owned by Tenant. If for any reason the Causes of Loss-Special Form is not customarily used in to a reasonable deductible (the insurance industry, then the property insurance policy then described in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. The property insurance policy required to be maintained by Tenant under this Section 26(d) shall: (y) not provide coverage for Tenant's Improvements (defined in Section 45 below), which Tenant's Improvements shall be insured by Landlord as required under Section 26(a); (e) Landlord's Property Insurance. Commencing as of the Commencement Date, and thereafter throughout the term of this Lease, Landlord shall, at Landlord's sole cost and expense, provide and maintain or cause to be provided and maintained a property insurance policy insuring all buildings (and building additions) and other improvements in the Center, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)) for all the hazards and perils normally covered by the Causes of Loss-Special Form. Said property insurance policy shall include endorsements for coverage against: clause (i) earthquake being referred to herein as “Tenant’s Property Policy”), and flood (includingii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in this clause (ii) being referred to herein as “Tenant’s Liability Policy”). The Landlord, and at Landlord’s request, Landlord’s managing agent and any mortgagee or mortgagees of the Building shall be named as additional insureds on Tenant’s Liability Policy. Landlord shall keep in full force and effect Commercial Property Insurance (“all-risk” insurance) in an amount equal to one hundred percent 100% of the replacement value of building structure with a reasonable deductible; and a policy of commercial general liability and property damage coverage, with a broad form contractual liability endorsement insuring Landlord’s Work to the extent of its obligations under the Lease with limits of one million dollars ($1,000,000.00) per occurrence. (b) Tenant’s Liability Policy shall contain a provision that (i) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained, and (ii) the policy is non-cancelable with respect to the Landlord Indemnitees unless at least thirty (30) days of advance written notice is given to Landlord, except that Tenant’s Liability Policy may be cancelable on no less than ten (10) days of advance written notice to Landlord for non-payment of premium. If Tenant receives any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under Tenant’s Property Policy or Tenant’s Liability Policy, then Tenant shall immediately deliver to Landlord a copy of such notice. The minimum amounts of liability under Tenant’s Liability Policy shall be a combined single limit with respect to each occurrence in the amount of Two Million Dollars ($2,000,000) for injury (or death) to persons and damage to property, which minimum amount Landlord may increase from time to time to the amount of insurance that in Landlord’s reasonable judgment is then being customarily required by prudent landlords of similar buildings in the vicinity of the Building from tenants leasing space similar in size, nature and location to the Premises, but not limited to, mud slide, flood hazard or fault area(s), as designated on any map prepared or issued for such purpose by any governmental authority)more than one increase every three years. In addition to Tenant’s Liability Policy and Tenant’s Property Policy Tenant shall carry (i) contractual liability insurance covering the indemnity contained in this Lease; and (ii) increased costs workers compensation insurance as required by law. In addition, Tenant shall maintain the insurance required by ARTICLE 23 of construction this Lease. (c) Tenant and demolition due Landlord shall each cause any Liability Policy and Commercial Property Policy to law be issued by reputable and ordinanceindependent insurers that are (x) permitted to do business in the State of New York, and (y) rated in Best’s Insurance Guide, or any successor thereto, as having a general policyholder rating of A and a financial rating of at least IX (it being understood that if such ratings are no longer issued, then such insurer’s financial integrity shall conform to the standards that constitute such ratings from Best’s Insurance Guide as of the date hereof). (d) Tenant has the right to satisfy Tenant’s obligation to carry Tenant’s Liability Policy with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises. Tenant has the right to satisfy Tenant’s obligation to carry Tenant’s Property Policy with a blanket insurance policy if such blanket insurance policy provides, on a per occurrence basis, that a loss that relates to any other location does not impair or reduce the level of protection available for the Premises below the amount required by this Lease. (e) Tenant and Landlord shall each obtain an appropriate clause in, or endorsement on, any insurance policy carried by each pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery. The foregoing property coverage parties also agrees that, having obtained such clauses or endorsements of waiver of subrogation or consent to a waiver of right of recovery, each shall be provided in amounts sufficient not make any liability claim against or seek to provide one hundred percent (100%) of recover from the full replacement cost of all buildings (and building additions) and other improvements in the Centeror their servants, Tenant's store building, and Tenant Improvements (but excluding those items insured by Tenant as required under Section 26(d)). If for any reason the Causes of Loss-Special Form is not customarily used in the insurance industry, then the property insurance policy then in effect shall at least provide coverage for the following perils: fire, lightning, windstorm and hail, explosion, smoke, aircraft and vehicles, riot and civil commotion, vandalism and malicious mischief, sprinkler leakage, sinkhole and collapse, volcanic action, earthquake agents or earth movement, and flood, and increased costs of construction and demolition due to law, ordinance and inflation. Neither Tenant nor any of its affiliates or subtenants shall be liable to Landlord contractors for any loss or damage (including loss to its property or the property of income), regardless of cause, others resulting from firefire or other hazards covered by insurance policies. (f) On or prior to the Possession Date, floodTenant shall deliver to the Landlord appropriate certificates of insurance required to be carried by Tenant pursuant to this Section 8.1 (a) including evidence of waivers of subrogation required by Section 8.1 (e) and naming of additional insureds in either case as required by Section 8.1. Tenant shall deliver to the Landlord evidence of each renewal or replacement of a policy at least twenty (20) days prior to the expiration of such policy. (g) If (i) Tenant (or any other person claiming by, act through or under Tenant) uses the Premises for any purpose other than the Permitted Use, and (ii) the use of Gthe Premises by Tenant (or such other person) causes the premium for any insurance policy carried by Landlord to exceed the premium that would have otherwise applied therefor if Tenant (or such-d person) used the Premises for the Permitted Use, then Tenant shall pay to Landlord, as Additional Rent, an amount equal to such excess, on or prior to the thirtieth (30th) day after the date that Landlord gives to Tenant an invoice therefor. (h) Tenant shall, after the Possession Date, replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in and about the Premises. Tenant shall be permitted to self-insure with respect to plate glass. (i) Landlord acknowledges that Tenant maintains standard insurance policies with its affiliates which shall be deemed acceptable for the purposes herein. (j) Tenant shall at the expiration or any earlier termination of this Lease, terminate its occupancy of, and quit and surrender to Landlord, the Premises broom-clean and in good condition except for (A) ordinary wear and tear, (B) loss or damage by fire or other casualty, and (C) any other loss or damage which respect to which Tenant is relieved from liability pursuant to SECTION 12.1; and (k) Tenant shall indemnify and save harmless Landlord and its partners, members, officers, directors, agents and employees (collectively, “Landlord Parties”) from and against all liability (statutory or otherwise), claims, expenses (including reasonable attorney’s fees and reasonable disbursements incurred in the defense thereof) to which any Landlord Party may (except insofar as it arises out of the act or neglect of such Landlord Party) be subject or suffer by reason of any claim for, any injury to, or death of, any person or persons or damage to property (including any loss of use thereof) or otherwise and arising from or in connection with the use by Tenant of, or from any work or anything whatsoever done by Tenant (or any of its officers, directors, agents, contractors, employees, licensees or invitees) in, any part of the Premises (other than by Landlord or its agents or contractors) during the term of this Lease or during the period of time, if any, prior to the Commencement Date with respect to such part that Tenant may have been given access to for the purposes of occupancy or doing work, or arising from any condition of the Premises due to or resulting from any default by Tenant in the keeping, observance or performance of any covenant or agreement contained in this Lease or from any fault or neglect of Tenant or any of its partners, members, officers, directors, agents, contractors, employees, licensees or invitees. Landlord shall indemnify and save harmless Tenant and its officers members, officers, directors, agents and employees (collectively “Tenant’s Parties”) from and against all liability (statutory or otherwise), claims, expenses (including reasonable attorney’s fees) and reasonable disbursements incurred in the defense thereof) to which any Tenant Party may, as a result of the acts or negligence of Landlord, or Landlord’s Parties or contractors) be subject or suffer by reason of any claim form any injury to, or death of, any person or persons or damage to property (including any loss of use thereof) or otherwise and arising from or in connection with the use by Landlord of, or from any work or anything whatsoever done by Landlord (or Landlord’s parties or contractors) in any part of the Premises during the term of this Lease or otherwise resulting from the acts or negligence of Landlords or Landlord’s Parties or contractors.