Common use of Tenant’s Coverage Clause in Contracts

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the Project, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name cover Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any may satisfy the required limits of this Section 9.1(a) (1) using a combination of primary commercial general liability insurance and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Areaumbrella excess insurance. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal PropertyImprovements. Each of these policies shall name cover Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §Section 9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §Section 9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession of From and after the Premises for any purpose (including construction of tenant improvements, if any) and during the TermScheduled Commencement Date, Tenant will provide shall obtain and keep in force the following coverageinsurance coverages: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregatethe Liability Limit. Each of these policies This policy shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies This policy shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any ; provided, that the names and all reasonable requirements mailing addresses and interests of any mortgagee or insurer each of Xxxx 0 of the Condominium regarding such parties are provided to Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property All risk insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies This policy shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold ImprovementsImprovements provided the Landlord provides the name, address and interest of each party to be named loss payee. Each of these policies This policy shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. Notwithstanding their interest as loss payee, if this Lease is not terminated pursuant to Article 10 and Tenant is not in monetary or Material Non-monetary Default, all insurance proceeds under the policies described in this Section 9.1(a)(2) and in Section 9.1(a)(8) shall be made available to Tenant for repair and restoration of the Leasehold Improvements. If this Lease is terminated pursuant to Article 10 and Tenant is not in monetary or Material Non-monetary Default, Tenant shall be entitled to those insurance proceeds under the policies described in this Section 9.1(a)(2) and in Section 9.1(a)(8) that are equal to the value of the Leasehold Improvements that were paid for by Tenant (not including the Construction Allowance or any other allowances for installation of improvements in the Premises, if any, paid by Landlord to Tenant (or paid to contractors or subcontractors at the direction of Tenant) hereunder) or pre-date the Execution Date (to the extent paid for by Tenant) and Landlord shall be entitled to those insurance proceeds under the policies described in this Section 9.1(a)(2) and in Section 9.1(a)(8) that are equal to the value of the Leasehold Improvements that were paid for by Landlord (specifically including the Construction Allowance and any other allowance for installation of improvements in the Premises, if any, paid to Tenant by Landlord (or paid to contractors or subcontractors at the direction of Tenant) hereunder). (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §Section 9.1(a)(2). Each of these policies shall include a provision or endorsement in which ) with such limits as are reasonable and customary for businesses comparable to Tenant, to the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insuredextent that such insurance coverage is available at commercially reasonable rates. (4) If applicableFor any boiler or machinery owned by or installed by or on behalf of Tenant, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to insurance, with a limit of at least the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policyLiability Limit. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000)1,000,000.00 for each accident, $1,000,000.00 for each disease for each employee, and $1,000,000.00 for disease in the aggregate. (7) Commercial automobile liability insurance covering all owned (if applicable)owned, hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) 1,000,000.00 for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and earthquake or difference in conditionsconditions perils. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as a loss payee to the extent of their interest in the Leasehold ImprovementsImprovements (which shall be as provided in Section 9.1(a)(2)); provided, that Landlord gives to Tenant the name, address, and interest of each party to be named loss payee. (9) During the performance of any Alteration, until completion thereof, Builder’s Risk insurance on an “all risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Project and all materials and equipment in or about the Premises. (10) Such other insurance in such amounts as Landlord may reasonably require from time to time; provided, that the same is then customarily being required from tenants by landlords of other first class office buildings in downtown Chicago.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant Tenant improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregatethe Liability Limit. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property All risk insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage Insurance covering the perils described in (2) for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (4) If applicableany boiler or machinery is operated in the Premises, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policyinsurance. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000)1 million. (7) Commercial automobile liability insurance covering all owned (if applicable)owned, hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) 1 million for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquakedamage; provided, flood and difference in conditions. however, that Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvementsTenant Improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s 's use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ ' property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregatethe Liability Limit. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“"Additional Insured”"). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property All risk insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s 's Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage Insurance covering the perils described in (2) for Tenant’s 's loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s 's annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (4) If applicableany boiler or machinery is operated in the Premises, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policyinsurance. (5) Insurance required by law, including workers’ ' compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000)1 million. (7) Commercial automobile liability insurance covering all owned (if applicable)owned, hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) 1 million for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s 's Personal Property against loss or damage due to earthquake, flood and earthquake or difference in conditionscondition. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) and Tenant shall maintain during the TermTerm insurance for the benefit of Tenant and Landlord (as their interests may appear) from insurers rated at least A-/X by A. M. Best (subject to the provisions of Section 7.2 below), with terms and coverages reasonably satisfactory to Landlord and with such increases in limits as Landlord may from time to time reasonably request, consistent with requirements at other comparable first class suburban office buildings in the “Route 128 West, Class A Market” (“Comparable Properties”). Initially, Tenant will provide and keep in force shall maintain the following coveragefollowing: (1a) Commercial general liability insurance insuring Tenantnaming Landlord, Landlord’s use and occupancy of the Premises and use of the Projectproperty manager, Landlord’s mortgagee(s), and covering other parties designated by Landlord from time to time as additional insureds, with coverage for premises/operations, personal and bodily injury, death, and damage to others’ property contractual liability with combined single limits of liability of not less than Three Million Dollars ($3,000,000) 10,000,000 for bodily injury and property damage per occurrence with a per location aggregate; (b) Property insurance that shall be primary on all Tenant Property (including Tenant’s FF&E) and, if applicable, on any Tenant-Insured Work (as defined below) in an amount adequate to cover their replacement cost, including a vandalism and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clausesmalicious mischief endorsement, and sprinkler leakage coverage; business interruption insurance, loss of income and extra expense insurance covering all perils covered by a standard, “Special Form” (as defined from time-to-time by the insurance industry) property insurance policy. As used herein, “Tenant-Insured Work” shall mean any Tenant Work that is not required to be written insured as Leasehold Improvements under Landlord’s property insurance policy for the Building under Section 7.4(b) below. Tenant’s insurance on an occurrence, and not claimsany Tenant-made, basis. Each of these policies Insured Work shall name Landlord and Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord ’s mortgagee(s) from time to time as an additional insured (“Additional Insured”)loss payees as their interests may appear. Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, property insurance under this subparagraph (b) shall cover special perils including without limitation insurance naming the owner of Unit 2 theft and such lender as additional insureds with respect other risks Landlord may from time to use time reasonably designate if such risks are required by landlords to be insured by tenants of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering Comparable Properties under similar circumstances, for the full replacement cost value of the Leasehold Improvements covered items and Tenant’s Personal Property. Each in amounts that meet any co-insurance clause of these the policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements.;

Tenant’s Coverage. Before taking possession At Tenant’s sole cost and expense, Tenant shall purchase and maintain insurance during the entire Term of the Premises Lease and any period Tenant (or any party claiming by, through or under Tenant) occupies any portion of the Demised Premises, for any purpose the benefit of the Tenant and Landlord (including construction as their interest may appear) with terms and coverages reasonably satisfactory to Landlord and Tenant, and with insurers having a minimum A.M. Best rating of tenant improvementsat least A-/X, if any) and during the Termwith such increases in limits as Landlord and Tenant may from time to time reasonably require, but initially Tenant will provide and keep in force shall maintain the following coveragecoverages in the following amounts: (1i) Commercial general liability insurance insuring General Liability Insurance naming Tenant, Landlord, Landlord’s use management, leasing and occupancy of the Premises development agents and use of the ProjectLandlord’s mortgagee(s) from time to time as additional insureds, and covering with coverage for premises/operations, personal and bodily advertising injury, death, products/completed operations and damage to others’ property contractual liability with combined single limits of liability of not less than Three Million Dollars ($3,000,000) 1,000,000 for bodily injury and property damage per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest less than 2,000,000 in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, aggregate and each Additional Insured. (3) Business interruption excess liability insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, $10,000,000 per occurrence and each Additional Insuredaggregate. (4ii) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown Property insurance covering office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property damage on the Demised Premises (iii) Workers’ Compensation Insurance and Employers Liability Insurance with statutory limits and automobile liability insurance (coverage must include owed, leased, hired and non owned vehicles) with a limit of at least $1,000,000. Landlord and Tenant shall, prior to the Premises commencement of the Term and on each anniversary of the Commencement Date and/or renewal date thereof, furnish to each other certificate(s) (ACCORD Form 27) evidencing such coverage, which certificate(s) shall state that such insurance coverage may not be changed or cancelled unless the provider endeavors to provide at least thirty (30) days’ prior written notice to each of Landlord and Tenant. TO: LANDLORD: SCP Green Hagerstown, LLC LENDER: Connecticut General Life Insurance Company, having an address c/o CIGNA Investments, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: Debt Asset Management, H-11-H TENANT: West Marine Products, Inc. PROPERTY: 00000 Xxxxxxxxxx Xx., Xxxxxxxxxx, XX 00000 West Marine Products, Inc., a California corporation (herein called “Tenant”), is the lessee of certain space consisting of approximately 287,300 square feet (the “Demised Premises”), the property above identified, under the terms of a lease (the “Lease”) with Landlord. As of the date of this Estoppel Certificate (Certificate”), Landlord and Tenant hereby certify, to the major components best of any central heatingtheir knowledge, air conditioning or ventilation systems, and such other equipment as Landlord may requirefollows: 1. The policy shall include coverage for business interruption due to mechanical equipment malfunctionsLease, including expediting and extra expensedated October __, in an amount usual and customary for similar risks2005, has not been modified, supplemented, or as determined by Landlordamended in any way. Unless The expiration date of the insurance required in §9.1(a)(2)current term of the Lease is November 30, (3) 2011, excluding renewals and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. extensions. Tenant has the option to renew the Lease for one additional term of five (5) Insurance required by law, including workers’ compensation insuranceyears. (6) Employers liability insurance with limits not less than One Million Dollars (2. The monthly Rent currently payable under the Lease is $1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired46,000.00, and non-owned vehicles has been paid through , 2005. Tenant has not paid a security deposit. No offset, claim, defense or counterclaim presently exists against Rent or Additional Rent payable by Tenant or against any other performance or obligation otherwise due from Tenant under the Lease, and no event has occurred and no condition exists, which with the giving of notice or the passage of time, or both, would constitute a combined single limit of not less than One Million Dollars ($1,000,000) for each accident default under the Lease. Notwithstanding anything contained in this Certificate to the contrary, nothing in this Certificate shall limit, prejudice or person. (8) Insurance covering the Leasehold Improvements and affect either Tenant’s Personal Property against loss right to audit, inspect or damage confirm any Additional Rent charges payable or paid by Tenant with respect to the current year or any prior years of the Lease term, or Tenant’s rights under the Lease or applicable law with respect to same. No Additional Rent is due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee for any year prior to the extent present year with the exception of their interest in any year-end adjustment that may be made between the Leasehold Improvementsactual amounts owed and any impounded amounts paid during this year.

Tenant’s Coverage. Before taking possession At Tenant’s sole cost and expense, Tenant shall purchase and maintain insurance during the entire Term of the Premises Lease and any period Tenant (or any party claiming by, through or under Tenant) occupies any portion of the Demised Premises, for any purpose the benefit of the Tenant and Landlord (including construction as their interest may appear) with terms and coverages reasonably satisfactory to Landlord and Tenant, and with insurers having a minimum A.M. Best rating of tenant improvementsat least A-/X, if any) and during the Termwith such increases in limits as Landlord and Tenant may from time to time reasonably require, but initially Tenant will provide and keep in force shall maintain the following coveragecoverages in the following amounts: (1i) Commercial general liability insurance insuring General Liability Insurance naming Tenant, Landlord, Landlord’s use management, leasing and occupancy of the Premises development agents and use of the ProjectLandlord’s mortgagee(s) from time to time as additional insureds, and covering with coverage for premises/operations, personal and bodily advertising injury, death, products/completed operations and damage to others’ property contractual liability with combined single limits of liability of not less than Three Million Dollars ($3,000,000) 1,000,000 for bodily injury and property damage per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest less than 2,000,000 in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, aggregate and each Additional Insured. (3) Business interruption excess liability insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, $10,000,000 per occurrence and each Additional Insuredaggregate. (4ii) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown Property insurance covering office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property damage on the Demised Premises (iii) Workers’ Compensation Insurance and Employers Liability Insurance with statutory limits and automobile liability insurance (coverage must include owed, leased, hired and non owned vehicles) with a limit of at least $1,000,000. Landlord and Tenant shall, prior to the Premises commencement of the Term and on each anniversary of the Commencement Date and/or renewal date thereof, furnish to each other certificate(s) (ACCORD Form 27) evidencing such coverage, which certificate(s) shall state that such insurance coverage may not be changed or cancelled unless the provider endeavors to provide at least thirty (30) days’ prior written notice to each of Landlord and Tenant. EXHIBIT “E” Estoppel ESTOPPEL CERTIFICATE TO: LANDLORD: SCP Green Hagerstown, LLC LENDER: Connecticut General Life Insurance Company, having an address c/o CIGNA Investments, Inc., 000 Xxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000, Attn: Debt Asset Management, H-11-H TENANT: West Marine Products, Inc. PROPERTY: 00000 Xxxxxxxxxx Xx., Xxxxxxxxxx, XX 00000 West Marine Products, Inc., a California corporation (herein called “Tenant”), is the lessee of certain space consisting of approximately 287,300 square feet (the “Demised Premises”), the property above identified, under the terms of a lease (the “Lease”) with Landlord. As of the date of this Estoppel Certificate (Certificate”), Landlord and Tenant hereby certify, to the major components best of any central heatingtheir knowledge, air conditioning or ventilation systems, and such other equipment as Landlord may requirefollows: 1. The policy shall include coverage for business interruption due to mechanical equipment malfunctionsLease, including expediting and extra expensedated October __, in an amount usual and customary for similar risks2005, has not been modified, supplemented, or as determined by Landlordamended in any way. Unless The expiration date of the insurance required in §9.1(a)(2)current term of the Lease is November 30, (3) 2011, excluding renewals and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. extensions. Tenant has the option to renew the Lease for one additional term of five (5) Insurance required by law, including workers’ compensation insuranceyears. (6) Employers liability insurance with limits not less than One Million Dollars (2. The monthly Rent currently payable under the Lease is $1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired46,000.00, and non-owned vehicles has been paid through , 2005. Tenant has not paid a security deposit. No offset, claim, defense or counterclaim presently exists against Rent or Additional Rent payable by Tenant or against any other performance or obligation otherwise due from Tenant under the Lease, and no event has occurred and no condition exists, which with the giving of notice or the passage of time, or both, would constitute a combined single limit of not less than One Million Dollars ($1,000,000) for each accident default under the Lease. Notwithstanding anything contained in this Certificate to the contrary, nothing in this Certificate shall limit, prejudice or person. (8) Insurance covering the Leasehold Improvements and affect either Tenant’s Personal Property against loss right to audit, inspect or damage confirm any Additional Rent charges payable or paid by Tenant with respect to the current year or any prior years of the Lease term, or Tenant’s rights under the Lease or applicable law with respect to same. No Additional Rent is due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee for any year prior to the extent present year with the exception of their interest in any year-end adjustment that may be made between the Leasehold Improvementsactual amounts owed and any impounded amounts paid during this year.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial at its cost shall maintain commercial general liability and property damage insurance with a minimum single combined liability limit of $1,000,000 or split limits of $1,000,000 and $2,000,000, with Fire Legal Liability endorsements, insuring against all liability of Tenant’s , its employees, agents and guests, licensees and invitees, arising out of or in connection with Tenant's use and or occupancy of the Premises and use including a contractual liability endorsement covering the matters set forth in Section 17 and insuring Tenant's performance of the Project, and covering personal and bodily injury, death, and damage to others’ property all indemnification provisions of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”)this Lease. Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering insure the full replacement cost of the Leasehold Improvements all alterations and Tenant’s Personal Property. Each of these policies shall name Landlord improvements made by Tenant in and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and all of Tenant's trade fixtures, furniture, decorations, equipment, floor and wall coverings and all other items of personal property of Tenant located on or within the Premises. Tenant also shall maintain insurance, in form and amount satisfactory to the major components Landlord, against injury of any central heatingkind to person or property suffered by others as a result of the intentional or negligent acts of Tenant or those persons in the Premises or Building or on the Land in connection with Tenant. If, air conditioning in the reasonable opinion of Landlord, Landlord's mortgagee or ventilation systemsLandlord's insurance carrier, the amount of public liability or property damage insurance coverage provided in this Section 18.1 is not adequate, Tenant shall increase the insurance coverage as required by Landlord or by Landlord's mortgagee or insurance carrier. No damages, compensation, loss of income, inconvenience, loss of business, annoyance or other claims shall be payable by Landlord arising from any fire or other casualty or from any repair or restoration of any portion of the Premises, Building or Land. Before occupying or using the Premises, Tenant shall provide to Landlord certificates evidencing Tenant's insurance coverage and, if requested by Landlord, a copy of Tenant's policies of insurance, together with all riders, attachments, schedules, etc. Tenant's insurance shall provide that Landlord and Landlord's managing agent are named on the certificates, policies and all attachments thereto as additional insureds, shall contain a waiver of subrogation endorsement, shall contain a standard mortgagee clause, and such other equipment as shall bear endorsements requiring the insurer to notify Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability thirty days in advance of any modification or cancellation. Tenant's insurance covering all owned (if applicable), hired, policies shall permit waiver of any claim against Landlord and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) Landlord's managing agent for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquakewithin the scope of the insurance and Tenant, flood for itself and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverageits insurers, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvementswaives all claims against Landlord.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) Tenant shall purchase and maintain insurance during the Termentire Term for the benefit of Tenant and Landlord (as their interest may appear) with terms, coverages and in companies satisfactory to Landlord, and with such increases in limits as Landlord may from time to time reasonably request,, but initially Tenant will provide and keep in force shall maintain the following coveragecoverages in the following amounts: (1i) Commercial general Comprehensive General Liability Insurance naming Tenant, Landlord, Landlord’s beneficiary and Landlord’s management agent covering any liability insurance insuring for bodily injury, personal injury and property damage arising out of Tenant’s use and occupancy of the Premises and operations, assumed liabilities or use of the ProjectPremises, and covering personal and bodily injury, death, and damage to others’ property for limits of liability not less than Three Million Dollars than: Combined Single Limit $3,000,000 each occurrence Bodily Injury and $3,000,000 annual aggregate Property Damage Liability Personal Injury Liability $3,000,000 annual aggregate ($3,000,000ii) per occurrence Physical Damage Insurance covering all office furniture, trade fixtures, office equipment, merchandise and Five Million Dollars ($5,000,000) general aggregateall other items of Tenant’s property on the Premises. Each of these policies Such insurance shall include cross liability and severability of interests clauses, and be written on an occurrence“all risks” of physical loss or damage basis, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering for the full replacement cost value of the Leasehold Improvements covered items subject to a reasonable deductible and in amounts that meet any coinsurance clause of the policies of insurance. (iii) “Dram-shop” Insurance naming Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against , Landlord, Landlord’s Affiliates, beneficiary and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for TenantLandlord’s loss management agent covering any liability that might arise from the provision or use of income or insurable gross profits and covering continuation of rents during any time alcoholic beverages by Tenant on the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risksreasonably satisfactory to Landlord from time to time in light of statutory limits. Tenant shall, prior to the commencement of the Term, furnish to Landlord certificates evidencing such coverage, which certificates shall state that such insurance coverage may not be changed or as determined by Landlord. Unless the insurance required in §9.1(a)(2), cancelled without at least ten (310) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workersdays’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements prior written notice to Landlord and Tenant’s Personal Property against loss or damage due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession Prior to (and as a condition, if elected by Landlord, of) delivery of possession, Tenant shall submit to Landlord copies of policies and certificates of insurance demonstrating that the Premises for any purpose coverage required hereunder to prove required insurance coverage. Tenant shall submit to Landlord new certificates at least thirty (including construction 30) days prior to expiration of tenant improvementscurrent insurance policies. Tenant shall maintain at its sole expense during the term hereof commercial general liability insurance with insurance companies with a minimum AM Best rating of A or higher, authorized to transact business in the jurisdiction where the Shopping Center is located, covering Tenant and naming Landlord, Landlord’s mortgagee (if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the Project, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord Landlord, as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Areainsured, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined providing single limit coverage of not less than One Million Dollars ($1,000,000) bodily injury, including death and personal injury, and property damage for each accident or person. any one occurrence in the Premises, and One Million Dollars (8) Insurance covering the Leasehold Improvements $1,000,000) per location general vandalism and Tenant’s Personal Property malicious mischief insurance, and a standard “all risk” policy insuring and protecting against all risk of physical loss or damage due to earthquakeTenant’s improvements and property, flood including, but not limited to, inventory; trade fixtures, furnishings and difference in conditions. Tenant may elect to self-insure this coverageother personal property for the full replacement cost thereof. If Tenant does not elect manufactures, distributes, sells or serves alcoholic beverages, Liquor Liability Coverage Form CG 00 33 10 01 must be added to self-insure this coveragethe Commercial General Liability policy with a coverage in an amount of no less than Five Million Dollars ($5,000,000). Tenant will cause such property insurance policies to name Landlord, then each of these policies shall name Landlord and each Additional Insured any party designated by Landlord, as loss payee payee. In addition, Tenant shall keep in force Workers’ Compensation or similar insurance to the extent required by law. Should Tenant fail to effect any of their interest the insurance called for under this Lease, Landlord may, at its sole option, procure said insurance and pay the requisite premiums, in which event, Tenant shall pay all sums so expended to Landlord, as Additional Rent following invoice. Each insurer under the Leasehold Improvementspolicy required hereunder shall agree by endorsement on the policy issued by it or by independent instrument furnished to Landlord that it will give Landlord thirty (30) days’ prior written notice before the policy or policies in question shall be altered or canceled.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvementsTenant Improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ property of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregatethe Liability, Limit. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, and each secured lender, the owner lender of Unit 2 and any mortgagee thereof, and any other party reasonably designated by which Landlord has given Tenant notice as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes Special risk of loss – special form commercial property insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage Insurance covering the perils described in (2) for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2)$1,000,000. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, Landlord and each Additional Insured. (4) If applicableany boiler or machinery is operated in the Premises, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctions, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policyinsurance. (5) Insurance required by lawLaw, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000)1 million. (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and earthquake or difference in conditionscondition. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee an additional insured to the extent of their interest in the Leasehold Improvements.

Tenant’s Coverage. Before taking possession of the Premises for any purpose (including construction of tenant improvements, if any) and during the Term, Tenant will provide and keep in force the following coverage: (1) Commercial general liability insurance insuring Tenant’s use and occupancy of the Premises and use of the ProjectCommon Areas, and covering personal and bodily injury, death, and damage to others’ property of not less than Three One Million Dollars ($3,000,0001,000,000) per occurrence and Five Two Million Dollars ($5,000,0002,000,000) general aggregate. Each of these policies shall include cross liability and severability of interests clauses, and be written on an occurrence, and not claims-made, basis. Each of these policies shall name Landlord, the Building property manager, each secured lender, the owner of Unit 2 and any mortgagee thereof, and any other party reasonably designated by Landlord as an additional insured (“Additional Insured”). Tenant shall comply with any and all reasonable requirements of any mortgagee or insurer of Xxxx 0 of the Condominium regarding Tenant’s use of the Patio/Courtyard Area, including without limitation insurance naming the owner of Unit 2 and such lender as additional insureds with respect to use of the Patio/Courtyard Area. (2) Causes of loss – special form commercial property insurance (including standard extended coverage endorsement perils and perils, leakage from fire protective devices and other water damage) covering the full replacement cost of the Leasehold Improvements and Tenant’s Personal Property. Each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements. Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (3) Business interruption insurance including leasehold interest coverage for Tenant’s loss of income or insurable gross profits and covering continuation of rents during any time the Premises is untenantable, with a limit not less than Tenant’s annual Rent. Such coverage may be included in insurance covering the perils described in §9.1(a)(2). Each of these policies shall include a provision or endorsement in which the insurer waives its right of subrogation against Landlord, Landlord’s Affiliates, and each Additional Insured. (4) If applicable, Tenant shall maintain boiler and machinery or equipment breakdown insurance covering property damage to the Premises and to the major components of any central heating, air conditioning or ventilation systems, and such other equipment as Landlord may require. The policy shall include coverage for business interruption due to mechanical equipment malfunctionsphysical damage, including expediting and extra expense, in an amount usual and customary for similar risks, or as determined by Landlord. Unless the insurance required in §9.1(a)(2), (3) and (8) is provided on a single policy, a Joint Loss Agreement between separate policies must be provided on each policy. . (5) Insurance required by law, including workers’ compensation insurance. (6) Employers liability insurance with limits not less than One Million Dollars ($1,000,000). (7) Commercial automobile liability insurance covering all owned (if applicable), hired, and non-owned vehicles with a combined single limit of not less than One Million Dollars ($1,000,000) for each accident or person. (8) Insurance covering the Leasehold Improvements and Tenant’s Personal Property against loss or damage due to earthquake, flood and difference in conditions. Tenant may elect to self-insure this coverage. If Tenant does not elect to self-insure this coverage, then each of these policies shall name Landlord and each Additional Insured as loss payee to the extent of their interest in the Leasehold Improvements.