Common use of Types of Insurance Clause in Contracts

Types of Insurance. Tenant shall maintain in full force and effect at all times during the Term of this Lease, at Tenant’s sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (i) worker’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (v) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lenders.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, the following policies of insurance: (a) Insurance with respect to the Improvements, Equipment and Inventory against any peril included within the classification “All Risks of Physical Loss” with extended coverage in amounts at all times sufficient to prevent Borrower from becoming a co-insurer within the terms of the applicable policies, but in any event such insurance which afford shall be maintained in an amount equal to the following coverages: full insurable value of the Improvements, Equipment and Inventory located on the Property. The policy referred to in this Section 7.1(a) shall contain a replacement cost endorsement and a waiver of depreciation. As used herein, “full insurable value” means the greater of (i) workeractual replacement cost of the Improvements, Equipment and Inventory (without taking into account any depreciation), determined annually by an insurer or by Borrower or, at the request of Lender, by an insurance broker (subject to Lender’s compensation reasonable approval) and employer’s liability, as required by law; (ii) commercial the outstanding Loan Amount. In all cases where any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses under applicable Legal Requirements, the policy referred to in this Section 7.1(a) must include “Ordinance and Law Coverage,” with “Time Element,” “Loss to the Undamaged Portion of the Building,” “Demolition Cost” and “Increased Cost of Construction” endorsements, in the amount of coverage required by Lender; (b) Comprehensive general liability insurance (occurrence form) providing coverage insurance, including contractual injury, bodily injury, broad form death and property damage liability against any and all claims for bodily injury claims, including all legal liability to the extent insurable imposed upon Borrower and property damage occurring inall court costs and attorneys’ fees and expenses, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy connected with the possession, use, leasing, operation, maintenance or condition of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have Property with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance 2,000,000 in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least aggregate and $1,000,000 per occurrence occurrence, plus $10,000,000 umbrella coverage, plus motor vehicle liability coverage for claims arising out of any company owned, hired all owned and non-owned automobiles; vehicles (iv) “all risk” or “special purpose” property insuranceincluding, including without limitation, sprinkler leakagerented and leased vehicles) containing minimum limits per occurrence, including umbrella coverage, of $1,000,000. (c) Statutory workers’ compensation insurance; (d) Business income insurance (A) with loss payable to Lender; (B) covering damage all risks required to be covered by the insurance provided for in subsection (a) above for a period commencing at the time of loss for such length of time as it takes to repair or replace with the exercise of due diligence and dispatch; (C) containing an extended period of indemnity endorsement which provides that after the physical loss to the Property has been repaired, the continued loss of any income will be insured until such income either returns to the same level it was at prior to the loss, or the expiration of Tenant’s twelve (12) months from the date that the Property is repaired or replaced and the Tenant Improvements located inoperations are resumed, on or about the Premiseswhichever first occurs, and in addition, coverage for business interruption notwithstanding that the policy may expire prior to the end of Tenant such period; and (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciationD) in an amount equal to one hundred percent (100%) of the projected gross income from the Property for a period from the date of loss to a date (assuming total destruction) which is twelve (12) months from the date that the Property is repaired or replaced and operations are resumed. The amount of such business income insurance shall be determined prior to the date hereof and at least once each year thereafter based on Borrower’s reasonable estimate of the gross income from the Property for the succeeding twelve (12) month period. All proceeds payable to Lender pursuant to this subsection shall be held by Lender and shall be applied to the obligations secured by the Loan Documents from time to time due and payable hereunder and under the Note; provided, however, that nothing herein contained shall be deemed to relieve Borrower of its obligations to pay the obligations secured by the Loan Documents on the respective dates of payment provided for in the Note and the other Loan Documents except to the extent such amounts are actually paid out of the proceeds of such business income insurance; (e) If all or any portion of the Property is located within a federally designated flood hazard zone, flood insurance in an amount equal to the lesser of (i) the full replacement insurable value of the aggregate Property, (ii) the original Principal Indebtedness, and (iii) the maximum allowed under the related federal flood insurance program; (f) If an engineering report (such engineering report to be delivered at Borrower’s expense by an engineer reasonably acceptable to Lender) indicates that the maximum probable loss (“PML”) to the Property equals or exceeds twenty percent (20%) of the items referred replacement cost of the Property, earthquake insurance in an amount equal to the PML percentage multiplied by the replacement cost of the Property and in this clause form and substance satisfactory to Lender in its reasonable discretion. (iv); g) Insurance against loss or damage from (i) leakage of sprinkler systems and (vii) explosion of steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and which are customarily required by institutional lenders with respect to similar properties similarly situated; (h) The insurance required under clauses (a) and (d) above shall cover perils of terrorism and acts of terrorism and Borrower shall maintain commercial property insurance for loss resulting from perils and acts of terrorism on terms (including amounts) consistent with those required under clauses (a) and (d) above at all times during the term of the Loan. Notwithstanding the foregoing, if the Terrorism Risk Insurance Act of 2002 is not in effect at any relevant time, Borrower shall only be required to obtain the amount of terrorism coverage that can be obtained at a price equal to two hundred percent (200%) of the aggregate insurance premium payable with respect to all the insurance coverage under Section 7.1 for the prior policy year. Notwithstanding the foregoing, for so long as the Terrorism Risk Insurance Act of 2002 is in effect (including any extensions), Lender shall accept terrorism insurance which covers against “covered acts” as defined therein; (i) During any period of Restoration, builder’s “all risk” insurance in an amount equal to not less than the full insurable value of the Property against such risks (including fire and extended coverage and collapse of the Improvements to agreed limits) as Lender may request, in form and substance acceptable to Lender; and (j) Such other insurance with respect to the Improvements, Equipment and Inventory located on the Property against loss or higher limits of liability damage as requested by Lender (including liquor/dramshop, mold, fungus, hurricane, windstorm and earthquake insurance) provided such insurance is then customarily required for similar types of buildings within the general vicinity of the Project or kind for risks from time to time customarily insured against and in such amounts as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property.

Types of Insurance. On or before the earlier of the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in or on the Premises pursuant to this Lease, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect at all times during effect, the Term following insurance: (a) All Risk insurance, including fire and extended coverage, sprinkler leakage, vandalism and malicious mischief upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Tenant Changes (but excluding the initial Tenant Improvements previously existing or installed in the Premises), in an amount not less then the full replacement cost thereof. (b) Commercial general liability insurance coverage, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner's protective coverage, contractual liability (including Tenant's indemnification obligations under this Lease, at Tenant’s sole cost including Section 17 hereof), liquor liability (if Tenant serves alcohol on the Premises), products and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (i) worker’s compensation and employer’s completed operations liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual owned/non-owned auto liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have with a combined single limit general aggregate of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit 2,000,000.00), except that products and excess/umbrella insurance in the amount of Three completed operations liability limits may be not less than One Million Dollars ($3,000,0001,000,000.00); (iii) comprehensive automobile . The general aggregate amount of such commercial general liability insurance with a combined single limit shall be increased every five (5) years during the Term of at least $1,000,000 per occurrence for claims arising out of any company owned, hired this Lease to an amount reasonably required by Landlord and non-owned automobiles; prudent industry practice. (ivc) “all risk” or “special purpose” property Worker's compensation and employer's liability insurance, including without limitationin statutory amounts and limits. (d) Loss of income, sprinkler leakage, covering damage to extra expense and business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of any earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of Tenant’s Property and the Tenant Improvements located in, on or about access to the Premises, Tenant's parking areas or to the Building as a result of such perils. Tenant may elect to self-insure this risk. (e) Any other form or forms of insurance as Tenant or Landlord or the mortgagees of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant would protect itself, but only to the extent such risks and amounts are available in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such the insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (v) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lendersmarket at commercially reasonable costs.

Types of Insurance. Tenant shall maintain in full force and effect at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a carrier or carriers reasonably acceptable to Landlord and its lender(s) which afford the following coverages: (i) worker’s compensation and employer’s 's compensation: statutory limits; (ii) employees liability, as required by law, with a minimum limit of $100,000 per employee and $500,000 per occurrence; (iiiii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s 's and Tenant’s 's Representatives’ ' use or and/or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and operations, products liability, personal and advertising, and a plate-glass rider to provide coverage for all glass in, on or about the Premises including, without limitation, skylights. Such insurance shall have a combined single limit linut of not less than Two One Million Dollars ($2,000,0001,000,000) per occurrence with a Three Two Million Dollar ($3,000,0002,000,000) aggregate limit and excess/umbrella insurance in the amount of Three Two Million Dollars ($3,000,000S2,000,000). If Tenant has other locations which it owns or leases, the policy shall include an aggregate limit per location endorsement. If necessary, as reasonably determined by Landlord, Tenant shall provide for restoration of the aggregate limit; (iiiiv) comprehensive automobile liability insurance with insurance: a combined single limit of at least not less than $1,000,000 2,000,000 per occurrence and insuring Tenant against liability for claims arising out of the ownership, maintenance, or use of any company owned, hired and or non-owned automobiles; (ivv) “"all risk” " or “"special purpose” " property insurance, including without limitation, sprinkler leakageleakage,.boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant’s Property personal property, trade fixtures, inventory, fixtures and the Tenant Improvements equipment located in, on or about the Premises, and in addition, coverage for flood, earthquake, and business interruption of Tenant (Tenant@ together with, if the property of Tenant's invitees is to be kept in the Premises, warehouser's legal liability or bailoe customers insurance for the fall replacement cost of the property belonging to invitees and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage)located in the Premises. Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause subparagraph (ivv); and (vvi) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project Landlord deems necessary and prudent or as may otherwise be reasonably required by any of Landlord’s lenders's lenders or joint venture partners.

Types of Insurance. Tenant shall maintain The Insurances required to be maintained are as follows: (a) an All Risks Hull Insurance Policy on the Aircraft on an agreed value basis in full force an amount not less than the Agreed Value with insurers not entitled to replace the Aircraft in the event of an insured Total Loss; (b) an All Risk Hull Insurance Policy on each Engine when not installed on the Aircraft on an agreed value basis not less than the Engine Agreed Value; (c) insurance covering all risks of physical loss or damage howsoever occasioned in respect of engines, spare parts and effect at all times during equipment forming part of the Term of this Lease, at Tenant’s sole cost and expense, Aircraft but which for the protection time being are removed from the Aircraft, and are not insured by the Aircraft's hull and war risk insurance in an agreed value of Tenant not less than their replacement cost; (d) a War Risks Insurance Policy on the Aircraft covering all of those risks which are currently enumerated in Lloyds Form AVN 48B War, Hi-jacking and LandlordOther Perils Exclusion Clause (Aviation), as their interests other than paragraph (b) thereof to the fullest extent possible and any additional risks which may appearhereafter be included therein or in any form succeeding to any of its functions on an agreed value basis in any amount not less than the Agreed Value; (e) Liability Insurance, policies of insurance which afford being Aircraft Third Party Legal Liability, Passenger, Contractual Legal Liability, Baggage Legal Liability, Cargo and Mail Legal Liability and Airline General Third Party Legal Liability including war and allied perils to the following coverages: (i) worker’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims fullest extent available for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of liability bodily injury/property damage of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate the Minimum Liability Coverage any one accident provided that if the Sublessor on the basis of advice received from an independent insurance adviser believes that the relevant liabilities shall be unlimited or that such limit and excess/umbrella insurance should be revised upwards, it shall be replaced by unlimited liability or such higher limit as may be appropriate in the amount light of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of circumstances prevailing in the international airline industry at least $1,000,000 per occurrence for claims arising out of any company owned, hired the time and non-owned automobiles; (iv) “all risk” or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and provided further that the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant Sublessor shall not be obligated obliged by this Clause to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for effect and maintain insurance in respect of any damage or loss arising inability to recover from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) any manufacturer of the full replacement value Airline, Engines or any Part, losses and liabilities incurred as a result of the aggregate of the items referred to in this clause (iv); and (v) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lendersnegligent manufacture.

Types of Insurance. Tenant shall maintain in full force and effect at all times during the Term of this Lease, at Tenant’s 's sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a carrier or carriers with an A.M. Best's rating (or similar publication) of A-:VIII or better which afford the following coverages: (i) worker’s compensation and 's compensation: statutory limits; (ii) employer’s 's liability, as required by law, with a minimum limit of $100,000 per employee and $500,000 per occurrence; (iiiii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s 's and Tenant’s 's Representatives’ ' use or and/or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations operations, and products liability. Such insurance shall have a combined single limit of not less than Two One Million Dollars ($2,000,0001,000,000) per occurrence with at least a Three Million Dollar ($3,000,000) aggregate limit. If the aggregate limit and excess/umbrella insurance in is exhausted, then so long as Tenant satisfies the amount requirements of Three Million Dollars ($3,000,000)Section 12.5 below Tenant shall be deemed to have self-insured all of such risks. If the aggregate limit is exhausted but Tenant does not satisfy the requirements of Section 12.5 below, Tenant shall provide for restoration of the aggregate limit, as reasonably determined by Landlord; (iiiiv) comprehensive automobile liability insurance with insurance: a combined single limit of at least not less than $1,000,000 2,000,000 per occurrence and insuring Tenant against liability for claims arising out of the ownership, maintenance, or use of any company owned, hired and or non-owned automobiles; (ivv) “"all risk” " or “"special purpose” " property insurance, including without limitation, sprinkler leakage, boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant’s Property personal property, trade fixtures, inventory, fixtures and the Tenant Improvements equipment located in, on or about the Premises, and in addition, coverage for flood, and business interruption of Tenant (Tenant, together with, if the property of Tenant's invitees is to be kept in the Premises, warehouser's legal liability or bailee customers insurance for the full replacement cost of the property belonging to invitees and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage)located in the Premises. Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause subparagraph (ivv); and (vvi) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project Landlord deems reasonably necessary and prudent or as may otherwise be reasonably required by any of Landlord’s 's lenders.

Types of Insurance. On or before the earlier of the Commencement Date or the date Tenant commences or causes to be commenced any work of any type in or on the Premises pursuant to this Lease, and continuing during the entire Term, Tenant shall maintain obtain and keep in full force and effect at all times during the Term of this Leaseeffect, at Tenant’s sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (i) worker’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of in connection with Tenant’s and Tenant’s Representatives’ 's use or occupancy of the Site and the Premises: (a) All Risk insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief upon property of every description and kind owned by Tenant and located in the Premises or Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and the Tenant Changes to the extent required under Subparagraph 14.1(c) above, (but excluding the initial Leasehold Improvements previously existing or installed in the Premises), in an amount not less then the full replacement cost thereof. Such In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Tenant's insurer shall govern. (b) Commercial general liability insurance shall include coverage for blanket contractual liabilitycoverage, fire damageinsuring Tenant's activities at or otherwise affecting the Project, premises, including personal injury, completed bodily injury (including wrongful death), broad form property damage, operations hazard, owner's protective coverage, contractual liability (including Tenant's indemnification obligations under this Lease, including Paragraph 19 hereof), and products owned/non-owned auto liability. Such insurance shall have a combined single limit of , with initial limits as follows: general aggregate-not less than Two Million Dollars ($2,000,000) 2,000,000.00), and per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount of Three occurrence-not less than Two Million Dollars ($3,000,0002,000,000.00); (iii) comprehensive automobile . The limits of liability of such commercial general liability insurance with a combined single limit shall be increased, if adjusted at all, every five (5) years during the Term of at least $1,000,000 per occurrence this Lease to an amount reasonably required by Landlord. (c) Business Income insurance in such amount as will reimburse Tenant for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” direct or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or indirect loss of any earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of Tenant’s Property and the Tenant Improvements located in, on or about access to the Premises, and in addition, coverage for business interruption Tenant's parking areas or to the Building as a result of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (v) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lendersperils.

Types of Insurance. Tenant shall obtain and maintain in full force and effect at all times during throughout the Term of this Lease, at Tenant’s sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (i) worker’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance ("Tenant's Insurance"): (a) Commercial General Liability Insurance, on an occurrence form) providing coverage against any and all claims for basis, insuring bodily injury and property damage occurring inincluding the following divisions and extensions of coverage: Premises and Operations; Owners and Contractors protective; blanket contractual liability (including coverage for Tenant's indemnity obligations under an “insured contract”); liquor liability, on if applicable; and products and completed operations, and pollution coverage for damage caused by heat, smoke or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premisesfumes from a hostile fire. Such insurance must have the following minimum limits of liability: $2,000,000 Per Occurrence, $2,000,000 General Aggregate, $2,000,000 Personal and Advertising Injury - Per Occurrence, $2,000,000 Products and Completed Operations Aggregate. The policy shall include be endorsed to ensure the general aggregate limit shall apply separately and in total to this location only (designated location general aggregate limit); (b) Property Insurance, written on an "All Risk" or Special Form Perils, with a replacement cost endorsement covering all of Tenant's business and trade fixtures, equipment, movable partitions, furniture, merchandise and other personal property within the Premises ("Tenant's Property") and any Leasehold Improvements performed by or for the benefit of Tenant; (c) Extra Expense, Loss of Income or Property/Business Interruption Insurance, in such amounts as will reimburse Tenant for direct loss of earnings attributable to all perils included within "All Risk" coverage for blanket contractual liabilityor otherwise commonly insured against by prudent tenants or attributable to prevention of access to the Premises, fire damageTenant's parking areas or to the Project as a result of such perils, premiseswith such coverage to extend to actual loss sustained subject to a minimum of one year loss of Rental Value, personal injury, completed operations including Extra Expense as needed to reduce the period of restoration after the loss; (d) Workers' Compensation Insurance as required by Laws and products liability. Such insurance shall have a combined single limit in amounts as may be required by applicable statute and Employers Liability Coverage of not less than Two at least One Million Dollars ($2,000,0001,000,000.00) per occurrence occurrence, and containing a waiver of subrogation endorsement in favor of Landlord; (e) Commercial Automobile Liability insuring bodily injury and property damage arising from all owned, non-owned and hired vehicles, if any, with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount minimum limits of Three liability of One Million Dollars ($3,000,000)1,000,000.00) per accident; and (iiif) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” respect to improvements or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the alterations performed by Tenant Improvements located in, on or about within the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (v) such other Builder's Risk insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lendersan Installation Floater if improvements and alterations are not covered under Tenant's Property Insurance.

Types of Insurance. Tenant shall maintain in full force and effect at all times during the Term of this LeaseLease from and after the date Tenant enters the Premises, at Tenant’s sole cost and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance issued by a carrier or carriers reasonably acceptable to Landlord and its lender (which afford the following coverages: (i) worker’s compensation and employer’s liability, as required by law; and (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the PremisesPremises and/or Project. Such insurance under (ii) above shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of not less than Two One Million Dollars ($2,000,0001,000,000) per occurrence with a Three Two Million Dollar ($3,000,0002,000,000.00) aggregate limit and excess/umbrella insurance in the amount of Three Twenty Million Dollars ($3,000,00020,000,000.00); . In addition to the foregoing, at all times during the Term after Tenant enters the Premises, Tenant shall maintain (iiia) comprehensive automobile liability insurance with a combined single limit of at least One Million Dollars ($1,000,000 1,000,000) per occurrence for claims arising out of any company owned, hired and non-owned automobiles; and (ivb) “all risk” or “cause of loss – special purpose” form property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements and Alterations located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (ivb); and provided that Tenant shall not be required to maintain such coverage’s described in this subparagraph (vb) such other insurance or higher limits until after the Delivery Date). Also in addition to the foregoing, Tenant shall self-insure for personal injury coverage, so long as Tenant has a minimum net worth of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably at least One Hundred Million Dollars ($100,000,000.00). Finally, if required by any of Landlord’s lenderslender, Landlord may require increased property or casualty liability amounts if similar prudent landlords require such coverage in the Silicon Valley, California area and same is available at commercially reasonable rates; provided that if Tenant cannot provide such additional insurance, Landlord shall have the right, but not the obligation, to maintain same, and xxxx the cost of same to Tenant as Operating Expenses.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, policies of insurance which afford at least the following coverages: insurance: (a) Property insurance with respect to the Improvements, Equipment and Inventory against loss or damage from any perils included within the classification “All Risks” or “Special Form” Causes of Loss, including coverage from damage cause by windstorm (including named storm) and hail. The policy referred to in this Section 7.1(a) shall (i) worker’s compensation be in an amount equal to 100% of the full insurable value on a replacement cost basis of the Improvements and, if applicable, Equipment and employer’s liability, as required by lawInventory (waiving depreciation); and (ii) commercial be written on a no coinsurance form or contain an “Agreed Amount Endorsement”, waiving all coinsurance provisions. As used herein, “full insurable value” means the actual replacement cost of the Improvements, Equipment and Inventory (without taking into account any depreciation), determined annually by an insurer or by Borrower or, at the request of Lender, by an insurance broker (subject to Lender’s reasonable approval). In all cases where any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses under applicable Legal Requirements, the policy referred to in this Section 7.1(a) must include “Ordinance and Law Coverage,” with “Time Element,” “Loss to the Undamaged Portion of the Building,” “Demolition Cost” and “Increased Cost of Construction” endorsements, in the amount of coverage required by Lender; (b) Commercial general liability insurance insurance, including contractual liability for insured contracts, personal injury (occurrence form) providing coverage including bodily injury and death), to be on the so-called “occurrence” form and property damage liability against any and all claims for bodily injury claims, including all legal liability to the extent insurable imposed upon Borrower and property damage occurring inall court costs and attorneys’ fees and expenses, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy connected with the possession, use, leasing, operation, maintenance or condition of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have Property with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance 2,000,000 in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least aggregate and $1,000,000 per occurrence occurrence. In addition, $50,000,000 umbrella liability insurance shall be obtained on terms consistent with the commercial general liability insurance. If applicable, commercial auto liability coverage for claims arising out of any company owned, hired all owned and non-owned automobiles; vehicles (ivincluding rented and leased vehicles) “all risk” or “special purpose” property insurancecontaining minimum limits per occurrence, including without limitationumbrella coverage, sprinkler leakage, covering damage to or of $1,000,000; (c) Statutory workers’ compensation insurance and employer’s liability insurance with limits as required by Lender (if applicable); (d) Business interruption and/or loss of any “rental value” insurance for the Property covering all risks required to be insured against herein, including clauses (a), (e), (f), (g), (h)(ii) and (i) of Tenant’s Property and the Tenant Improvements located inthis Section, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent gross revenue less non-continuing expenses as determined by Lender for an eighteen (18) month period from the date of any Casualty and otherwise sufficient to avoid any co-insurance penalty, together with an extended period of indemnity endorsement which provides that after the physical loss to the Property has been repaired, the continued loss of income will be insured until such income either returns to the same level it was at prior to the loss, or the expiration of twelve (12) months from the date the Property is repaired or replaced and operations are resumed, whichever first occurs, and notwithstanding that the policy may expire prior to the end of such period. The amount of such insurance shall be increased from time to time as and when the gross revenues from the Property increase; (e) If all or any portion of the Improvements, Equipment and Inventory at the Property is at any time in the future located within a federally designated “special flood hazard area,” Borrower shall maintain flood insurance in an amount equal to the lesser of (i) the full insurable value of the Property, (ii) the original Principal Indebtedness, and (iii) the maximum allowed under the National Flood Insurance Program, plus such additional excess limits as shall be requested by Lender, in all cases, with deductibles acceptable to Lender; (f) Insurance against loss or damage from explosion of steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and which are customarily required by institutional lenders with respect to similar properties similarly situated; (g) The insurance required under clauses (a), (b) and (d) above shall cover perils of terrorism and acts of terrorism for foreign and domestic acts and Borrower shall maintain insurance for loss resulting from perils and acts of terrorism on terms (including amounts) consistent with those required under clauses (a), (b) and (d) above at all times during the term of the Loan. Notwithstanding the foregoing, for so long as the Terrorism Risk Insurance Program Reauthorization Act of 2015, as amended, is in effect (including any extensions) and continues to cover foreign and domestic acts, Lender shall accept terrorism insurance which covers against “covered acts” as defined therein; (h) During any period of Restoration, and only if the property and liability coverage forms do not otherwise apply (i) commercial general liability and umbrella liability insurance covering claims related to the repairs or restoration at the Property that are not covered by or under the terms or provisions of the commercial general liability or umbrella liability insurance policies required herein; and (ii) the insurance provided for in subsection (a) above written in a so-called builder’s risk completed value form or equivalent coverage, including permission to occupy the Property, in an amount equal to 100%% of the total costs of the repair or restoration on a non-reporting basis against all risks as Lender may request, in form and substance acceptable to Lender; (i) of If required by Lender, earthquake insurance with minimum coverage equivalent to 1.0x SUL (scenario upper loss) multiplied by the full replacement value cost of the aggregate Improvements plus Business interruption and/or loss of “rental value” insurance; and (j) Such other insurance with respect to the Improvements, Equipment and Inventory located on the Property against loss or damage as requested by Lender (including liquor/dramshop, mold, and fungus insurance) provided such insurance is of the items referred kind for risks from time to time customarily insured against and in this clause (iv); and (v) such other insurance or higher limits of liability amounts as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property or which Lender may deem necessary in its reasonable discretion.

Types of Insurance. On or before the earlier of the Commencement Date or the date Landlord delivers possession of the Premises to Tenant, and continuing thereafter until the expiration of the Term, Tenant shall maintain obtain and keep in full force and effect at all times effect, the following insurance: (a) Special Form (fka All Risk) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism and malicious mischief coverage upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Tenant Changes (but excluding the Tenant Improvements and any Tenant Changes that Landlord elects to insure pursuant to Section 12.1(b) above) , in an amount not less then the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or the mortgagees of Landlord shall be presumptive. (b) Commercial general liability insurance coverage, on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner's protective coverage, contractual liability (including Tenant's indemnification obligations under this Lease, including Section 17 hereof), liquor liability (if Tenant serves alcohol on the Premises), products and completed operations liability, and owned/non-owned auto liability, with a general aggregate of not less than Three Million Dollars ($3,000,000) and with "umbrella" or "excess liability" coverage of not less than Five Million Dollars ($5,000,000). The limits of such commercial general liability insurance shall be increased every three (3) years during the Term of this Lease, at Tenant’s sole cost and expense, for the protection of Tenant and Lease to an amount reasonably required by Landlord, as their interests may appear, policies of insurance which afford the following coverages: . (ic) worker’s Worker's compensation and employer’s liability's liability insurance, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against in statutory amounts and limits, covering all persons employed in connection with any and all claims for bodily injury and property damage occurring work done in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use for which claims for death or occupancy of bodily injury could be asserted against Landlord, Tenant or the Premises. Such insurance shall include coverage for blanket contractual liability. (d) Loss of income, fire damage, premises, personal injury, completed operations extra expense and products liability. Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella business interruption insurance in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence such amounts as will reimburse Tenant for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” direct or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or indirect loss of any earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of Tenant’s Property and the Tenant Improvements located in, on or about access to the Premises, Tenant's parking areas or to the Building as a result of such perils. (e) Any other form or forms of insurance as Tenant or Landlord or the mortgagees of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant would protect itself, but only to the extent (i) such risks and amounts are available in additionthe insurance market at commercially reasonable costs, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (vii) such other insurance or higher limits of liability as is then then-customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lenderssimilarly situated tenants in similarly situated markets.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, the following policies of insurance: (a) Insurance with respect to the Improvements against any peril included within the classification “All Risks of Physical Loss” with extended coverage in amounts at all times sufficient to prevent Borrower from becoming a co-insurer within the terms of the applicable policies, but in any event such insurance which afford shall be maintained in an amount equal to the following coverages: full insurable value of the Improvements located on the Property. The policy referred to in this Section 7.1(a) shall contain a replacement cost endorsement and a waiver of depreciation. As used herein, “full insurable value” means the actual replacement cost of the Improvements (iwithout taking into account any depreciation), determined annually by an insurer or by Borrower or, at the request of Lender, by an insurance broker (subject to Lender’s reasonable approval). In all cases where any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses under applicable Legal Requirements, the policy referred to in this Section 7.1(a) worker’s compensation must include “Ordinance and employer’s liabilityLaw Coverage,” with “Time Element,” “Loss to the Undamaged Portion of the Building,” “Demolition Cost” and “Increased Cost of Construction” endorsements, as in the amount of coverage required by law; Lender; (iib) commercial Comprehensive general liability insurance (occurrence form) providing coverage insurance, including contractual injury, bodily injury, broad form death and property damage liability against any and all claims for bodily injury claims, including all legal liability to the extent insurable imposed upon Borrower and property damage occurring inall court costs and attorneys’ fees and expenses, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy connected with the possession, use, leasing, operation, maintenance or condition of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have Property with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance 2,000,000 in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least aggregate and $1,000,000 per occurrence for claims arising out occurrence, plus $10,000,000 umbrella coverage. (c) Statutory workers’ compensation insurance; (d) If all or any portion of any company ownedthe Property is located within a federally designated flood hazard zone, hired and non-owned automobiles; (iv) “all risk” or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent the lesser of (100%i) of the full replacement insurable value of the aggregate Property, (ii) the original Principal Indebtedness, and (iii) the maximum allowed under the related federal flood insurance program; and (e) Such other insurance with respect to the Improvements located on the Property against loss or damage as requested by Lender (including liquor/dramshop, mold, fungus, hurricane, windstorm and earthquake insurance) provided such insurance is of the items referred kind for risks from time to time customarily insured against and in this clause (iv); and (v) such other insurance or higher limits of liability amounts as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property or which Lender may deem necessary in its reasonable discretion.

Types of Insurance. Tenant Borrower shall procure for, deliver to, and maintain in full force and effect at all times for the benefit of Lender during the Term term of this LeaseSecurity Deed original paid up insurance policies or certified copies of paid up insurance policies (or, at Tenant’s sole cost if there is blanket coverage, Lender shall require an underlier policy with the Mortgaged Property identified and expensespecifically allocated amounts shown) in such amounts, for the protection of Tenant form and Landlordsubstance, and with such expiration dates, as are acceptable to Lender, and containing non-contributory standard mortgagee clauses (naming "First Union National Bank, its successors and/or assigns" as first mortgagee), their interests may appearequivalent, policies or a satisfactory mortgagee loss payable endorsement in favor of Lender, and being addressed to First Union National Bank, Attention: Insurance Group, X.X. Xxx 00000, XX0000, Xxxxxxxxxxxx, Xxxxxxx 00000, providing the following types of insurance which afford on the following coverages: Mortgaged Property: (i) worker’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company owned, hired and nonNon-owned automobiles; (iv) “reporting form "all risk” or “special purpose” property " Builder's Risk Insurance (including hazard and material stockpile clauses), without co-insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (at least 100%) % of the full replacement value cost of the aggregate Improvements. The policy term must concur with the applicable construction period. In the event Lender provides any term financing beyond the construction period, the policy must then be converted to a Standard Fire Insurance Policy with Extended Coverage Endorsement; (ii) Standard Fire Insurance with Extended Coverage Endorsement including Vandalism and malicious Mischief, without co-insurance, in an amount equal to at least 100% of the items referred to in this clause replacement cost of the Improvements; (iii) Coverage for the peril of Sprinkler Leakage; (iv); ) Boiler and Machinery Insurance to cover the sudden and accidental breakdown of specific types of equipment as required by Lender; (v) such Rental Loss Insurance and Business Interruption Insurance in an amount equal to the greater of (A) an amount sufficient to cover debt service, real estate taxes, and insurance premiums for a period of at least twelve (12) months, or (B) the rents and other amounts due under all Leases for a period of at least twelve (12) months; (vi) If any Improvements are or will be located in an area identified by the U.S. Department of Housing and Urban Development as an area having "special flood hazards", flood insurance in an amount equal to the lesser of the maximum principal amount of the Note or the maximum limit of coverage available under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, and the Housing and Community Development Acts of 1974 and 1977, all as amended; (vii) Single limit comprehensive general liability insurance in an amount satisfactory to Lender against claims and liability for bodily injury or property damage to persons or property occurring on the Mortgaged Property; and (viii) Such other insurance on the Mortgaged Property or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project any replacements or substitutions therefor and in such amounts as may from time to time be reasonably required by Lender against other insurable casualties which at the time are commonly insured against in the case of premises similarly situated, due regard being given to the type of the improvements, their construction, location, use, and occupancy, or any of Landlord’s lendersreplacements or substitutions therefor.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, the following policies of insurance: (a) Insurance with respect to the Improvements, Equipment and Inventory against any peril included within the classification “All Risks of Physical Loss” with extended coverage in amounts at all times sufficient to prevent Borrower from becoming a co-insurer within the terms of the applicable policies, but in any event such insurance which afford shall be maintained in an amount equal to the following coverages: full insurable value of the Improvements, Equipment and Inventory located on the Property. The policy referred to in this Section 7.1(a) shall contain a replacement cost endorsement and a waiver of depreciation. As used herein, “full insurable value” means the actual replacement cost of the Improvements, Equipment and Inventory (iwithout taking into account any depreciation), determined annually by an insurer or by Borrower or, at the request of Lender, by an insurance broker (subject to Lender’s reasonable approval). In all cases where any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses under applicable Legal Requirements, the policy referred to in this Section 7.1(a) worker’s compensation must include “Ordinance and employer’s liabilityLaw Coverage,” with “Time Element,” “Loss to the Undamaged Portion of the Building,” “Demolition Cost” and “Increased Cost of Construction” endorsements, as in the amount of coverage required by law; Lender; (iib) commercial Comprehensive general liability insurance (occurrence form) providing coverage insurance, including contractual injury, bodily injury, broad form death and property damage liability against any and all claims for bodily injury claims, including all legal liability to the extent insurable imposed upon Borrower and property damage occurring inall court costs and attorneys’ fees and expenses, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy connected with the possession, use, leasing, operation, maintenance or condition of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have Property with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance 2,000,000 in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least aggregate and $1,000,000 per occurrence occurrence, plus $5,000,000 umbrella coverage, plus motor vehicle liability coverage for claims arising out of any company owned, hired all owned and non-owned automobiles; vehicles (iv) “all risk” or “special purpose” property insuranceincluding, including without limitation, sprinkler leakagerented and leased vehicles) containing minimum limits per occurrence, covering damage to or including umbrella coverage, of $1,000,000. (c) Statutory workers’ compensation insurance; (d) Business interruption and/or loss of any of Tenant’s “rental value” insurance for the Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent at least fifteen (100%15) months estimated gross Rents attributable to the Property and based on gross Rents for the immediately preceding year and otherwise sufficient to avoid any co-insurance penalty, together with an extended period of indemnity endorsement which provides that after the physical loss to the Property has been repaired, the continued loss of income will be insured until such income either returns to the same level it was at prior to the loss, or the expiration of six (6) months from the date the Property is repaired or replaced and operations are resumed, whichever first occurs, and notwithstanding that the policy may expire prior to the end of such period; (e) If all or any portion of the Property is located within a federally designated flood hazard zone, flood insurance in an amount equal to the lesser of (i) the full replacement insurable value of the aggregate Property, (ii) the original Principal Indebtedness, and (iii) the maximum allowed under the related federal flood insurance program; (f) Insurance against loss or damage from (i) leakage of sprinkler systems and (ii) explosion of steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and which are customarily required by institutional lenders with respect to similar properties similarly situated; (g) The insurance required under clauses (a) and (d) above shall cover perils of terrorism and acts of terrorism and Borrower shall maintain commercial property insurance for loss resulting from perils and acts of terrorism on terms (including amounts) consistent with those required under clauses (a) and (d) above at all times during the term of the items referred Loan. Notwithstanding the foregoing, for so long as the Terrorism Risk Insurance Act of 2002 is in effect (including any extensions), Lender shall accept terrorism insurance which covers against “covered acts” as defined therein; (h) During any period of Restoration, builder’s “all risk” insurance in an amount equal to not less than the full insurable value of the Property against such risks (including fire and extended coverage and collapse of the Improvements to agreed limits) as Lender may request, in this clause form and substance acceptable to Lender; and (iv); and (vi) such Such other insurance with respect to the Improvements, Equipment and Inventory located on the Property against loss or higher limits of liability damage as requested by Lender (including liquor/dramshop, mold, fungus, hurricane, windstorm and earthquake insurance) provided such insurance is then customarily required for similar types of buildings within the general vicinity of the Project or kind for risks from time to time customarily insured against and in such amounts as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property or which Lender may deem necessary in its reasonable discretion; provided, however, Lender shall not require earthquake insurance if the probable maximum loss for the Property is less than twenty percent (20%).

Types of Insurance. On or before the earlier of the Commencement Date or the date Landlord delivers possession of the Premises to Tenant, and continuing thereafter until the expiration of the Term, Tenant shall maintain obtain and keep in full force and effect at all times during effect, the Term following insurance: (a) Special Form (fka All Risk) insurance, including fire and extended coverage, sprinkler leakage (including earthquake sprinkler leakage), vandalism, malicious mischief and earthquake coverage upon property of every description and kind owned by Tenant and located in the Premises or the Building, or for which Tenant is legally liable or installed by or on behalf of Tenant including, without limitation, furniture, equipment and any other personal property, and any Tenant Changes (but excluding the Tenant Improvements and any Tenant Changes that Landlord elects to insure pursuant to Section 12.1(b) above), in an amount not less then the full replacement cost thereof. In the event that there shall be a dispute as to the amount which comprises full replacement cost, the decision of Landlord or the mortgagees of Landlord shall be presumptive. (b) Commercial general liability insurance coverage, on an occurrence basis, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, owner's protective coverage, contractual liability (including Tenant's indemnification obligations under this Lease, at Tenant’s sole cost including Section 17 hereof), liquor liability (if Tenant serves alcohol on the Premises), products and expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (i) worker’s compensation and employer’s completed operations liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual owned/non-owned auto liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have with a combined single limit general aggregate of not less than Two Million Dollars ($2,000,000) per occurrence and with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount "umbrella" or "excess liability" coverage of Three not less than Two Million Dollars ($3,000,0002,000,000); (iii) comprehensive automobile . The limits of such commercial general liability insurance with a combined single limit shall be increased every three (3) years during the Term of at least $1,000,000 per occurrence for claims arising out of any company owned, hired this Lease to an amount reasonably required by Landlord. (c) Worker's compensation and non-owned automobiles; (iv) “all risk” or “special purpose” property employer's liability insurance, including without limitation, sprinkler leakagein statutory amounts and limits, covering damage to or loss of all persons employed in connection with any of Tenant’s Property and the Tenant Improvements located work done in, on or about the Premises for which claims for death or bodily injury could be asserted against Landlord, Tenant or the Premises. (d) Loss of income, extra expense and business interruption insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises, Tenant's parking areas or to the Building as a result of such perils. (e) Any other form or forms of insurance as Tenant or Landlord or the mortgagees of Landlord may reasonably require from time to time, in form, amounts and for insurance risks against which a prudent tenant would protect itself, but only to the extent such risks and amounts are available in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such the insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full replacement value of the aggregate of the items referred to in this clause (iv); and (v) such other insurance or higher limits of liability as is then customarily required for similar types of buildings within the general vicinity of the Project or as may be reasonably required by any of Landlord’s lendersmarket at commercially reasonable costs.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, the following policies of insurance which afford the following coverages: insurance: (ia) workerDuring any period of repair or restoration including, without limitation, during any period of repair or restoration necessitated by a Casualty or a Taking, builder’s compensation and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage against any and all claims for bodily injury and property damage occurring in, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of not less than the full replacement insurable value of the aggregate Property against such risks (including, without limitation, fire and extended coverage and collapse of the items Improvements to agreed limits) as Lender may request, in form and substance acceptable to Lender; (b) Insurance with respect to the Improvements, Equipment and Inventory against any peril included within the classification “All Risks of Physical Loss” with extended coverage in amounts at all times sufficient to prevent Borrower from becoming a co-insurer within the terms of the applicable policies, but in any event such insurance shall be maintained in an amount equal to the full insurable value of the Improvements, Equipment and Inventory located on the Property. The policy referred to in this clause Section 7.1(b) shall contain a replacement cost endorsement and a waiver of depreciation. As used herein, “full insurable value” means the actual replacement cost of the Improvements, Equipment and Inventory (ivwithout taking into account any depreciation); , determined annually by an insurer or by Borrower or, at the request of Lender, by an Independent insurance broker (subject to Lender’s reasonable approval) including an endorsement covering acts of municipal authorities including increased cost of construction and demolition; (c) Comprehensive general liability insurance, including contractual injury, bodily injury, broad form death and property damage liability, and umbrella liability insurance against any and all claims, including all legal liability to the extent insurable imposed upon Borrower and all court costs and attorneys’ fees and expenses, arising out of or connected with the possession, use, leasing, operation, maintenance or condition of the Property in such amounts satisfactory to Lender in Lender’s discretion; (d) Statutory workers’ compensation insurance; (e) Business interruption and/or loss of “rental value” insurance for the Property in an amount equal to eighteen (18) months estimated Gross Revenue attributable to the Property and based on Gross Revenue for the immediately preceding year and otherwise sufficient to avoid any co-insurance penalty, together with an extended period of indemnity endorsement which provides that after the physical loss to the Property has been repaired, the continued loss of income will be insured until such income either returns to the same level it was at prior to the loss, or the expiration of eighteen (18) months from the date the Property is repaired or replaced and operations are resumed, whichever first occurs, and notwithstanding that the policy may expire prior to the end of such period; (f) If all or any portion of the Improvements, or any portion of the Land is located within a federally designated flood hazard zone, flood insurance in an amount equal to the lesser of the full insurable value of the Property or the maximum amount of flood insurance available; (g) Insurance against loss or damage from (A) leakage of sprinkler systems and (vB) explosion of steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and which are customarily required by institutional lenders with respect to similar properties similarly situated; (h) The insurance required under clauses (b) and (e) above shall cover perils of terrorism and acts of terrorism and Borrower shall maintain commercial property insurance for loss resulting from perils and acts of terrorism on terms (including amounts) consistent with those required under clauses (b) and (e) above at all times during the term of the Loan. Notwithstanding the foregoing, for so long as the Terrorism Risk Insurance Act of 2002 (“TRIA”) is in effect (including any extensions), Lender shall accept terrorism insurance which covers against “covered acts” as defined by TRIA; and (i) Such other insurance with respect to the Improvements, Equipment and Inventory located on the Property against loss or higher limits of liability damage as requested by Lender (including, without limitation, liquor/dramshop, Mold, hurricane, windstorm and earthquake insurance) provided such insurance is then customarily required for similar types of buildings within the general vicinity of the Project or kind for risks from time to time customarily insured against and in such amounts as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property or which Lender may deem necessary in its reasonable discretion.

Types of Insurance. Tenant shall maintain in full force and effect at At all times during the Term term of this Leasethe Loan, Borrower shall maintain, or cause to be maintained, at Tenant’s its sole cost and expense, for the protection mutual benefit of Tenant Borrower and LandlordLender, as their interests may appear, the following policies of insurance which afford (collectively, the following coverages: “Policies”): (ia) worker’s compensation Property insurance with respect to the Improvements, Equipment and employer’s liability, as required by law; (ii) commercial general liability insurance (occurrence form) providing coverage Inventory against any peril included within the classification “Special Form” or “All Risks” with extended coverage including wind/hail and all claims for bodily injury and property damage occurring innamed storms, on or about the Premises arising out of Tenant’s and Tenant’s Representatives’ use or occupancy of the Premises. Such insurance shall include coverage for blanket contractual liability, fire damage, premises, personal injury, completed operations and products liability. Such insurance shall have a combined single limit of in an amount not less than Two Million Dollars ($2,000,000) per occurrence with a Three Million Dollar ($3,000,000) aggregate limit and excess/umbrella insurance in the amount of Three Million Dollars ($3,000,000); (iii) comprehensive automobile liability insurance with a combined single limit of at least $1,000,000 per occurrence for claims arising out of any company owned, hired and non-owned automobiles; (iv) “all risk” or “special purpose” property insurance, including without limitation, sprinkler leakage, covering damage to or loss of any of Tenant’s Property and the Tenant Improvements located in, on or about the Premises, and in addition, coverage for business interruption of Tenant (and Tenant shall not be obligated to carry flood or earthquake coverage provided Tenant agrees that Landlord shall not be liable for any damage or loss arising from flood or earthquake and Tenant waives and releases Landlord from all Claims arising from or related to Tenant’s failure to carry such flood or earthquake coverage). Such insurance shall be written on a replacement cost basis (without deduction for depreciation) in an amount equal to one hundred percent (100%) of the full insurable value written on a replacement cost basis which for purposes of this Agreement shall mean actual replacement value (exclusive of the aggregate of the items costs and excavations, foundations, underground utilities and footings) with no deduction for depreciation; provided, however, if wind/hail and named storm coverage is excluded therefrom, such coverage must be provided by a separate, stand-alone policy. The policy referred to in this clause Section 8.1(a) shall contain a replacement cost endorsement and shall either contain an agreed amount endorsement or be written without any coinsurance. The policy shall provide for no deductible in excess of the greater of $50,000 or five percent (iv)5%) of underwritten net cash flow as determined by Lender for all such insurance coverage, except with respect to named windstorm and earthquake which, if required, may have a deductible no greater than five percent (5%) of the total insurable value of the Property. In all cases where any of the Improvements or the use of the Property shall at any time constitute legal non-conforming structures or uses under applicable Legal Requirements, the policy referred to in this Section 8.1(a) must include “Ordinance and Law Coverage”, with “Time Element”, “Loss to the Undamaged Portion of the Building”, “Demolition Cost” and “Increased Cost of Construction” endorsements, in the amount of coverage required by Lender; (b) Commercial general liability insurance on an occurrence basis, including personal injury, bodily injury, death and property damage liability against any and all claims, including all legal liability to the extent insurable imposed upon Borrower and all court costs and attorneys’ fees and expenses, arising out of or connected with the possession, use, leasing, operation, maintenance or condition of the Property (i) with a combined limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate plus $15,000,000 umbrella coverage; and (vii) covering at least the following hazards: (A) premises and operations; (B) products and completed operations; (C) independent contractors; and (D) contractual liability covering, to the maximum extent permitted by law, Borrower’s obligations to indemnify Lender as required under this Agreement; (c) Workers’ compensation insurance subject to the worker’s compensation laws of the applicable state and employer’s liability coverage containing minimum limits of $1,000,000; (d) Business income and/or loss of rents coverage for the Property with loss payable to Lender and covering all Property risks required in this Article VIII, for a period and in an amount equal to at least eighteen (18) months estimated gross income and/or Rents attributable to the Property and based on gross income and/or Rents for the succeeding eighteen (18) months and either containing an agreed amount endorsement or written without any (i) periodically disbursed by Lender to Borrower for purposes of paying customary operating expenses for the Property actually incurred by Borrower during any period of Restoration of the Property for which Lender is obligated to disburse to Borrower corresponding casualty insurance policy proceeds for Restoration purposes in accordance with the terms hereof, with the balance of any such business income and/or loss of rents coverage being promptly disbursed to Borrower after completion of such Restoration in accordance with the requirements of the Loan Documents; or (ii) applied to the obligations secured by the Loan Documents from time to time due and payable hereunder and under the Note, at the option of Lender at any time that Lender is not obligated to disburse to Borrower corresponding casualty insurance policy proceeds for Restoration purposes in accordance with the terms hereof and is then entitled to apply such casualty coverage proceeds against the Debt; provided, however, that nothing contained in this clause (d) shall be deemed to relieve Borrower of its obligations to pay the obligations secured by the Loan Documents on the respective dates of payment provided for in the Loan Documents except to the extent such amounts are actually paid out of the proceeds of such business income and/or loss of rents insurance (the insurance required pursuant to this clause (d) is referred to herein as “BI/Rent Loss Insurance”); (e) If all or any portion of the Property is located within a federally designated flood hazard zone (i.e.; any classification other than “C” or “X”), flood insurance in an amount equal to the maximum allowed under the related federal flood insurance program plus such excess flood limits as Lender may require, all with deductibles acceptable to Lender; (f) Earthquake insurance, if required by Lender, in amounts and in form and substance satisfactory to Lender in the event the Property is located in an area with a high degree of seismic activity; provided that the insurance pursuant to this Section 8.1(f) shall be on terms consistent with the “Special Form” or “All Risks” insurance policy required in Section 8.1(a). Such earthquake insurance may contain a deductible no greater than five percent (5%) of the total insurable value of the Property; (g) Equipment breakdown insurance covering all steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and which are customarily required by institutional lenders with respect to similar properties similarly situated; (h) The insurance required under Sections 8.1(a), 8.1(b) and 8.1(d) above shall cover foreign and domestic acts of terrorism. At all times, Borrower shall maintain commercial property insurance for loss resulting from perils and acts of terrorism on terms (including amounts) consistent with those required under Sections 8.1(a) and 8.1(d) above at all times during the term of the Loan; in the event the insurance required under Sections 8.1(a) and 8.1(d) above shall contain an exclusion for loss resulting from perils and acts of terrorism, Borrower shall maintain a separate, stand-alone terrorism insurance policy satisfactory to Lender; (i) During any period of Restoration or structure construction, repairs or alterations being made with respect to the Improvements and only if the Property and Liability forms do not otherwise apply, the following coverage in form and substance and with terms, deductibles and limits acceptable to Lender: (A) borrower and general contractor shall obtain and maintain commercial general liability and umbrella liability covering claims related to construction, alteration or repairs being made at the Property which are not covered by the Policies required in Section 8.1(b) above; and (B) builder’s “all risk” insurance written on a completed value non-reporting form including 100% of the recurring hard and soft costs, plus coverage for material in transit and in temporary storage reasonably acceptable to Lender; (1) covering all risks (including fire and extended coverage and collapse of the Improvements to agreed limits) as Lender may request; (2) with permission to occupy the Property; and (3) either containing an agreed amount endorsement or written without any coinsurance; (j) Auto liability coverage for all owned and non-owned vehicles (including, without limitation, rented and leased vehicles) containing minimum limits per occurrence, including umbrella coverage, of $1,000,000 (if applicable); and (k) Such other insurance with respect to the Improvements, Equipment and Inventory located on the Property against loss or higher limits of liability damage as requested by Lender (including but not limited to crime, liquor/dramshop, mold and fungus insurance) provided such insurance is then customarily required for similar types of buildings within the general vicinity of the Project or kind for risks from time to time customarily insured against and in such amounts as may be reasonably are generally required by any of Landlord’s lendersinstitutional lenders for properties comparable to the Property or which Lender may deem necessary in its reasonable discretion.