Common use of Insurance by Tenant Clause in Contracts

Insurance by Tenant. Tenant shall during the term of this lease ------------------- and at Tenant's cost, obtain and keep in effect, insuring Tenant, Landlord and all mortgagees and any other person or entity designated by Landlord as having an interest in the Building or land upon which it is situated (as their interests may appear), the following insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant. Such policies shall be for an amount of not less than 100% of the full replacement cost with coverage against at least fire with standard extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage, If there is a dispute as to the replacement cost amount, the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in an amount sufficient to reimburse Tenant for direct or indirect loss of earnings attributable to perils commonly insured against by prudent tenants or attributable to prevention of access to the Building or premises as a result of such perils. Commercial General Liability insurance including fire, legal liability and contractual liability insurance coverage with respect to the Building and the premises. The coverage is to include activities and operations conducted by Tenant and any other person in the premises and Tenant and any other person performing work on behalf of Tenant and those for whom Tenant is by law responsible in any other part of the Building. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than $1,000,000 Dollars for each occurrence for bodily injury and property damage or such higher limits as the Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of the tenant hereunder. Landlord shall be named as an additional insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in the premises in an amount sufficient to comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the form, amounts and for the risks which a prudent Tenant would insure. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord; issued by an insurer licensed to do business in Utah and require at least 30 days written notice to Landlord of termination or material alteration and waive, to the extent available, any right of subrogation against Landlord. All policies shall provide that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlord, Tenant shall upon the commencement date of this lease and thereafter within 15 days prior to the expiration of each such policy, promptly deliver to Landlord certified copies or other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such insurance coverage required at Tenant's expense. Tenant shall promptly reimburse Landlord for any monies expended.

Insurance by Tenant. Tenant agrees that, at its own cost and expense, it shall procure and continue in force, in the name of Tenant and with Landlord as an Additional Insured, general liability insurance against any and all claims for injuries to persons and property occurring in, upon, or about the Premises, during the term of this lease ------------------- and Lease; such insurance, at Tenant's costall times, obtain and keep to be in effect, insuring Tenant, Landlord and all mortgagees and any other person or entity designated by Landlord as having an interest in the Building or land upon which it is situated (as their interests may appear), the following insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant. Such policies shall be for an amount of not less than 100% of the full replacement cost with coverage against at least fire with standard extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage, If there is a dispute as to the replacement cost amount, the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in an amount sufficient to reimburse Tenant for direct or indirect loss of earnings attributable to perils commonly insured against by prudent tenants or attributable to prevention of access to the Building or premises as a result of such perils. Commercial General Liability insurance including fire, legal liability and contractual liability insurance coverage with respect to the Building and the premises. The coverage is to include activities and operations conducted by Tenant and any other person in the premises and Tenant and any other person performing work on behalf of Tenant and those for whom Tenant is by law responsible in any other part of the BuildingOne Million ($1,000,000) Dollars combined single limit per occurrence. Such insurance shall be written on in a comprehensive basis with inclusive limits company or companies authorized to engage in the business of general liability insurance in the State in which the Premises are located, and there shall be delivered to the Landlord customary certificates evidencing such paid-up insurance, which certificates are to be issued by the insurance companies. The policies of insurance provided herein are to be provided by the Tenant, and shall be for a period of not less than $1,000,000 Dollars for each occurrence for bodily injury one (1) year, it being understood and property damage or such higher limits as the Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability of the tenant hereunder. Landlord shall be named as an additional insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in the premises in an amount sufficient to comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the form, amounts and for the risks which a prudent Tenant would insure. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord; issued by an insurer licensed to do business in Utah and require at least 30 days written notice to Landlord of termination or material alteration and waive, to the extent available, any right of subrogation against Landlord. All policies shall provide agreed that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlord, Tenant shall upon the commencement date of this lease and thereafter within 15 fifteen (15) days prior to the expiration of each such any policy of insurance, the Tenant will deliver to the Landlord a renewal or new policy to take the place of the expiring policy, promptly deliver with the further understanding that, should the Tenant fail to furnish policies, as is provided in this Lease, and at the times herein provided, the Landlord certified copies or other evidence of may obtain such policies insurance, and evidence satisfactory to Landlord that all the premiums have been paid and policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase on such insurance coverage required at Tenant's expenseshall be deemed Additional Rental to be paid by the Tenant to the Landlord upon demand. Tenant shall promptly reimburse make no claim for recovery against Landlord and expressly waives any right of recovery against Landlord for damage to or loss of the Premises, or improvements thereon, which damage or loss may arise by fire or any monies expendedother peril covered by any policy of insurance containing a waiver of subrogation right against the Landlord in which said policy the Tenant is or may be the insured and when said loss is caused by or results from any acts of carelessness or negligence of the Landlord, its officers, employees or other persons under its control. Tenant further covenants and agrees to apply to its insurers for waiver of subrogation against Landlord, its agents and employees, and to obtain same if Tenant's insurers will issue such waiver without cost.

Insurance by Tenant. Tenant shall shall, at all times during the term of this lease ------------------- Lease, at its own expense, maintain a policy or policies of insurance with premiums paid on a timely basis, issued by and at Tenant's cost, obtain and keep in effectbinding upon a reputable solvent insurance company, insuring all of Tenant, Landlord and all mortgagees and any other person or entity designated by Landlord as having an interest ’s personal property located in the Building Leased Premises against loss or land upon which it is situated (as their interests may appear)damage by fire, the following insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant. Such policies shall be for an amount of not less than 100% of the full replacement cost with coverage against at least fire with standard extended coverageexplosion, vandalism, malicious mischief, sprinkler leakage or other standard insurable hazards and water damagecontingencies for the full insurable value thereof (subject to standard exclusions and Tenant’s customary deductibles), If there is a dispute as to the replacement cost amount, the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business and insuring Tenant against business interruption insurance in an amount sufficient to reimburse insure the payment of Base Rent for a period of one year. Tenant for direct shall also maintain a policy or indirect loss policies of earnings attributable comprehensive commercial general liability insurance which provide coverage to perils commonly insured against include personal injury, bodily injury, broad form property damage, operations hazard, owner’s protection coverage and contractual liability with the premiums thereon paid on a timely basis, issued by prudent tenants or attributable and binding upon a solvent and reputable insurance company, such insurance to prevention of access provide an aggregate limit as to the Building Property of not less than Three Million and No/100 Dollars ($3,000,000.00) per occurrence. Tenant may fulfill its obligations to provide insurance as required herein by an umbrella or premises blanket policy or policies, covering the various liabilities of Tenant and its Affiliates, so long as the general aggregate limit of such policy or policies will apply separately at least to the extent of $3,000,000 for the Tenant’s liabilities under this Lease. Tenant shall also be required to maintain workmen’s compensation and employee’s liability insurance in such amounts as required by law. The amount of the deductibles under any policy may be such amount as Tenant deems appropriate in accordance with Tenant’s corporate policy, provided the amount of the deductible of the underlying policy is commercially reasonable, and in all events, Tenant shall be solely responsible for any damages caused by Tenant, Tenant’s Related Parties, or any another persons over whom Tenant has control, that are not covered by the insurance as a result of such perilsdeductible. Commercial General Liability insurance including fire, legal Tenant’s liability and contractual liability property damage insurance coverage policies (a) shall name Landlord as additional insured and in connection with this Lease (except for the workers’ compensation policy, which instead shall include a waiver of subrogation endorsement in favor of Landlord, if available), and (b) shall provide that said insurance shall not be canceled, modified or amended unless ten (10) days prior written notice has been given to Landlord. Tenant shall deliver to Landlord insurance certificates with respect to the Building insurance required hereunder (and naming Landlord as additional insured as required above) on or before the premisesCommencement Date (or Tenant’s earlier access to the Leased Premises), shall maintain such certificates at all times, and shall deliver to Landlord certificates of the renewal or replacement of such policies at least ten (10) days prior to each renewal, expiration or cancellation of such insurance. The coverage is All such policies shall be primary with respect to include activities and operations conducted by Tenant and the Leased Premises, over any other person in the premises and Tenant and any other person performing work on behalf of Tenant and those for whom Tenant is insurance maintained by law responsible in any other part Landlord. There shall be no endorsement or modification of the Buildinginsurance policy to make it excess over other available insurance, or if the insurance policy states that it is excess or prorata, the policy shall be endorsed to be primary insurance with respect to the Landlord as additional insured with respect to all coverages applicable to the Leased Premises. Such There shall be no endorsement or modification of the policy to exclude the negligence of the additional insured. Attached to the certificates of insurance shall be written on a comprehensive basis with inclusive limits the additional insured endorsement, waiver of not less than $1,000,000 Dollars for each occurrence for bodily injury subrogation, insured contract coverages and property damage other endorsements required herein, or such higher limits as the Landlord, acting reasonably, may require from time to time. The limit of said insurance shall not, however, limit the liability relevant portions of the tenant policy setting forth coverages. Upon written request, the parties shall exchange copies of each policy required in this Lease. In the event that either party fails to take out or maintain any policy required to be maintained by such party hereunder. Landlord , such failure shall be named a defense to any claim asserted by such party against the other party by reason of any loss sustained by such party that would have been covered by such policy, NOTWITHSTANDING THAT SUCH LOSS MAY HAVE BEEN PROXIMATELY CAUSED SOLELY BY THE NEGLIGENCE OF THE OTHER PARTY, ITS CONTRACTORS, OR ANY OF ITS RELATED PARTIES. If Tenant does not procure insurance as an additional insured on all liability policies maintained required, Landlord may, upon advance written notice to Tenant, cause the insurance to be issued and Tenant shall pay to Landlord the premium for such insurance within ten (10) days of Landlord’s demand, plus interest at the Default Rate from the date of demand until repaid by Tenant. Worker's Compensation The parties further agree that, notwithstanding anything to the contrary contained in this lease, neither party shall make claim against the other for damages attributable to any claim that is subject to insurance for all Tenant's employees working in under the premises in an amount sufficient policies required hereunder to comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the form, amounts and for the risks which a prudent Tenant would insure. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord; issued by an insurer licensed to do business in Utah and require at least 30 days written notice to Landlord of termination or material alteration and waivecover such party, to the extent available, any right of subrogation against Landlord. All policies shall provide that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlord, Tenant shall upon the commencement date of this lease and thereafter within 15 days prior to the expiration of each such policy, promptly deliver to Landlord certified copies or other evidence coverage of such policies and evidence satisfactory to Landlord that all premiums have been paid and policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such insurance coverage required at Tenant's expense. Tenant shall promptly reimburse Landlord for any monies expendedpolicies.

Insurance by Tenant. A. Tenant shall during the term of this lease ------------------- and at Tenant's cost, obtain and keep in effect, insuring Tenant, Landlord and all mortgagees and any other person or entity designated by Landlord as having an interest in the Building or land upon which it is situated (as their interests may appear), maintain the following insurance: Insurance upon all property situated (a) commercial comprehensive general public liability insurance in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant. Such policies shall be for an amount of not less than 100% respect of the full replacement cost with coverage against at least fire with standard extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage, If there is a dispute as to the replacement cost amount, the decision of the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in an amount sufficient to reimburse Tenant for direct or indirect loss of earnings attributable to perils commonly insured against by prudent tenants or attributable to prevention of access to the Building or premises as a result of such perils. Commercial General Liability insurance including fire, legal liability and contractual liability insurance coverage with respect to the Building Demised Premises and the premises. The coverage is to include activities and operations conducted by Tenant and any other person in the premises and Tenant and any other person performing work on behalf conduct or operation of Tenant and those for whom Tenant is by law responsible in any other part of the Building. Such insurance shall be written on a comprehensive basis business therein, with inclusive Landlord as an additional named insured, with limits of not less than $1,000,000 Dollars for each occurrence 5,000,000 combined single limit for bodily injury or death and for property damage, including water damage and sprinkler leakage liability, (b) a policy of plate glass insurance covering all plate and xxxxxxx xxxxx situated in the Demised Premises, (c) fire and extended coverage insurance in respect of Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, signs and all other property of Tenant in the Demised Premises to the extent of one hundred percent (100%) of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies, and (d) any other insurance required for compliance with any Requirements of which Tenant has received notice. Tenant shall deliver to Landlord and any additional insured specified by Landlord to Tenant such higher limits as fully paid-for-policies or certificates evidencing such coverage before the Landlord, acting reasonably, may require Commencement Date. Tenant shall procure and pay for renewals of such insurance from time to timetime before the expiration thereof, and Tenant shall deliver to Landlord and any additional named insured such renewal policy or certificates evidencing such renewal at least 30 days before the expiration of any existing policy. The limit of said insurance shall not, however, limit the liability of the tenant hereunder. Landlord All such policies shall be named as an additional insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in the premises in an amount sufficient to comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to time. Such insurance shall be in the form, amounts and for the risks which a prudent Tenant would insure. All policies of insurance maintained by Tenant shall be in a form acceptable to Landlord; issued by an insurer companies of recognized responsibility licensed to do business in Utah the state in which the Demised Premises is located and require having a general policy holder's rating of not less than A, and financial ratings of not less than Class VIII as rated in the most current "Best's" Insurance Reports, and all such policies shall contain a provision whereby the same cannot be canceled or modified unless Landlord and any additional insured are given at least 30 days prior written notice to Landlord by certified or registered mail of termination such cancellation or material alteration and waive, modification. Notwithstanding anything to the extent available, any right of subrogation against Landlord. All policies shall provide that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlordcontrary, Tenant shall upon have the commencement date right to self insure as to (b) of this lease and thereafter within 15 days prior the first sentence, provided Tenant shall meet all applicable requirements for self-insurance in the State in which the Shopping Center is located. All public liability policies shall contain a provision that Landlord, will be named as additional insured under said policies for any loss occasioned to it by reason of the expiration negligence of each Tenant, or its agents or employees. Each liability insurance policy shall include a "cross liability" endorsement, providing coverage for claims brought by another insured under such policy. All public liability, promptly deliver to property damage and other casualty insurance policies shall be written as not contributing with any coverage which Landlord certified copies or other evidence may carry. The requirement of such $5,000,000 combined single limit may be satisfied by utilizing primary policies and evidence satisfactory to Landlord that all premiums have been paid and policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such insurance coverage required at Tenant's expense. Tenant shall promptly reimburse Landlord for any monies expendedumbrella liability policies.

Insurance by Tenant. Tenant shall shall, during the term of this lease ------------------- and term, procure at Tenant's cost, obtain its expense and keep in effect, insuring Tenant, Landlord and all mortgagees and any other person or entity designated by Landlord as having an interest in the Building or land upon which it is situated (as their interests may appear), force the following insurance: Insurance upon all property situated in the premises owned by Tenant or for which Tenant is legally liable and on fixtures and improvements installed in the premises by or on behalf of Tenant. Such policies shall be for an amount of not less than 100% of the full replacement cost with coverage against at least fire with standard extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage, If there is a dispute as to the replacement cost amount, the decision of Commercial general liability insurance naming the Landlord acting in a reasonable ---------------------- manner shall be conclusive. ------ Business interruption insurance in and Landlord’s Agent as an amount sufficient to reimburse Tenant for direct or indirect loss of earnings attributable to perils commonly additional insured against by prudent tenants or attributable to prevention of access to the Building or premises as a result of such perils. Commercial General Liability insurance including fire, legal liability any and contractual liability insurance coverage with respect to the Building and the premises. The coverage is to include activities and operations conducted by Tenant and any other person in the premises and Tenant and any other person performing work on behalf of Tenant and those for whom Tenant is by law responsible in any other part of the Building. Such insurance shall be written on a comprehensive basis with inclusive limits of not less than $1,000,000 Dollars for each occurrence all claims for bodily injury and property damage occurring in, or such higher limits as about the Landlord, acting reasonably, may require from time to time. The limit Premises arising out of said insurance shall not, however, limit the liability Tenant’s use and occupancy of the tenant hereunder. Landlord shall be named as an additional insured on all liability policies maintained by Tenant. Worker's Compensation insurance for all Tenant's employees working in the premises in an amount sufficient to comply with applicable laws or regulations. Any other form of insurance as the Tenant, Landlord or its mortgagee, acting reasonably may require from time to timePremises. Such insurance shall be have a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence with a One Million Dollar ($1,000,000) aggregate limit and excess umbrella liability insurance in the form, amounts amount of One Million Dollars (1,000,000). If the Tenant has other locations that it owns or leases the policy shall include an aggregate limit per location endorsement. Such liability insurance shall be primary and for not contributing to any insurance available to Landlord and Landlord’s Agent. In no event shall the risks which a prudent limits of such insurance be considered as limiting the liability of Tenant would insureunder this lease. All policies Tenant’s liability pursuant to this section shall be limited to the extent of insurance required to be carried by Tenant pursuant to the terms of the Lease. The policies required to be maintained by Tenant shall be with companies rated AX or better in a form acceptable to Landlord; issued by an insurer the most current issue of Best’s Insurance Reports. Insurers shall be licensed to do business in Utah the state in which the Premises are located and require domiciled in the USA. Any deductible amounts under any insurance policies required hereunder shall not exceed $1,000.00 Certificates of insurance (certified copies of the policies may be required) shall be delivered to Landlord and Landlord’s Agent prior to occupancy and annually thereafter at least 30 days written notice to Landlord of termination or material alteration and waive, to the extent available, any right of subrogation against Landlord. All policies shall provide that the interests of Landlord, its mortgagee or those named insureds designated by Landlord shall not be invalidated because of any breach or violation of any warranties, representations, declarations or conditions contained in the policies. All policies must contain a severability of interest clause, a cross-liability clause and shall be primary and shall not call into contribution any other Illegible ---------- Initials -7- insurance available to Landlord, its mortgagee, or those named insureds designated by Landlord. If requested by Landlord, Tenant shall upon the commencement date of this lease and thereafter within 15 thirty (30) days prior to the expiration date of each such the old policy, promptly deliver to Landlord certified copies or other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within 48 hours after written notice from Landlord, Landlord may, without obligation, purchase such insurance coverage required at Tenant's expense. Tenant shall promptly reimburse have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord for any monies expended.as required by this lease. Each policy of insurance shall provide notification to Landlord and Landlord’s Agent at least twenty