Common use of Insurance Coverages Clause in Contracts

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. Tenant Supplier shall obtain, at its sole cost procure and expense, beginning on maintain in full force and effect throughout the Commencement Date and shall maintain through the Lease Term, term of this Agreement insurance coverages of the following types and amounts and with insurance coverages:companies rated not less than A- by A.M. Best, or otherwise reasonably satisfactory to Coffeyville in respect of Supplier’s purchase of Crude Oil cargoes under this Agreement (provided the foregoing shall not limit Coffeyville’s obligation to reimburse any insurance costs pursuant to Articles 6 and 7): (a) A policy of commercial general liability insurance Property (including Insurance Service Office (ISOcargo) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as damage coverage on an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided “all risk” basis in an ISO liability policy under amount sufficient to cover the definition market value or potential full replacement cost of insured contractall Crude Oil (including, but not limited to Crude Oil cargoes and Crude Oil in transit in pipelines) to be delivered to Coffeyville at the Delivery Point. In the event that the market value or potential full replacement cost of all Crude Oil (Crude Oil cargoes and Crude Oil in transit in pipelines) exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, Supplier will maintain the highest insurance limit available at commercially reasonable rates; provided, however, that Supplier will promptly notify Coffeyville (and, in any event prior to the transportation of any Crude Oil that would not be fully insured) of Supplier’s inability to fully insure any Crude Oil and provide full details of such inability. Notwithstanding anything to the contrary herein, Coffeyville, may, at its option and expense, upon prior notice to Supplier, endeavor to procure and provide such property damage coverage for the Crude Oil. (b) A policy providing Comprehensive or commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" general liability coverage and umbrella or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile which includes bodily injury, broad form property damage and garagekeepers contractual liability, marine or charterers’ liability coverage, service interruption coverage, food spoilage and “sudden and accidental pollution” liability coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under in a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the minimum amount of insurance thereunder allocated to $300,000,000 per occurrence and $500,000,000 in the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyaggregate.

Insurance Coverages. Tenant (a) Landlord shall obtain, at its sole cost and expense, obtain beginning on the Commencement Date and shall maintain through throughout the Lease Term, as an Operating Expense, the following insurance coverages: (ai) A policy of commercial general liability insurance (including "Insurance Service Office Office" (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (ii) A policy providing commercial property insurance on the entire Project for the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as flood and earthquake coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the Premises. Coverage must also include an "Ordinances or Law Regulations" insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any property, including the cost of removing its debris. Increased cost of construction coverage must also be included. (b) Tenant shall obtain, at Tenant's expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (i) A policy of commercial general liability insurance (including "Insurance Service Office" (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Premises with limits of general liability not less than $ 10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (ii) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the ImprovementsImprovements comprising the Premises, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the ProjectImprovements comprising the Premises. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, as flood and earthquake coverage coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the ProjectPremises. Coverage must also include an "Ordinances or Law Regulations" insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any Improvementsproperty, including the cost of removing its debris and increased debris. Increased cost of construction coveragecoverage must also be included. (ciii) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at leastbe: Bodily Injury By Accident - $1,000,000 Each Accident Bodily Injury By Disease - $1,000,000 Policy Limit Bodily Injury By Disease - $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (div) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (fv) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (gvi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. Tenant The Company shall obtain, at its sole cost procure and expense, beginning on maintain in full force and effect throughout the Commencement Date and shall maintain through the Lease Term, Term of this Agreement insurance coverages of the following types and amounts and with insurance coveragescompanies rated not less than A-VII by A.M. Best Company, or otherwise reasonably acceptable to Aron, in respect of the Company’s receipt, handling and storage of Crude Oil, Products, Aron’s Property or any Collateral in connection with the Transaction Documents or the receipt, handling or storage of Crude Oil, Products, Aron’s Property or any Collateral under any required storage, transportation arrangement or any other Transaction Documents: (a) A Property insurance for property damage including business interruption coverage on an “all risk” basis without co-insurance, including but not limited to flood, earthquake, windstorm, and tsunami, covering damage to the Refinery and Storage Facilities on a repair or replacement cost basis in an amount sufficient to repair major components of such facilities as reasonably determined pursuant to an engineering report prepared by an expert recognized by underwriters for such purpose or loss limits reasonably acceptable to Aron; provided that: (i) business interruption and extra expense coverage shall include an at least twelve (12) months indemnity period and shall be in an amount equal to the projected net income plus costs that would reasonably be expected to continue from the Refinery and Storage Facilities based upon the Company’s reasonable estimate thereof and Aron shall be named as loss payee or lender loss payee under such policy of commercial general liability via customary endorsements acceptable to Aron; and (ii) stock throughput insurance (on an “all risk” basis without co-insurance, including Insurance Service Office (ISO) forms but not limited to flood, earthquake, windstorm, tsunami, theft and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person burglary. Such insurance shall cover the physical damage or loss of life arising out the Crude Oil, Products, Aron’s Property and all Collateral (including all of the ownershipforegoing that are stored at Included Locations) for the full market value or replacement value with respect to the Crude Oil, useProducts, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injuryAron’s Property and all Collateral, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contractwhichever value is greater. (b) A policy providing commercial Commercial general liability coverage which includes bodily injury, broad form property insurance containing damage and contractual liability, cross suit liability, products and completed operations liability, sudden and accidental pollution liability (excluding events that result in acidic deposition), liability arising out of wharfinger, terminal operator and/or stevedoring operations and loss, and contamination or degradation of all Crude Oil and Products with coverage in a minimum amount of $1,000,000 per occurrence and $2,000,000 in the insuring agreement "Cause of Loss-Special Form" or its equivalentaggregate, together with such endorsements as which coverage may be deemed advisable self-insured by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverageCompany. (c) A policy of workers' (i) Workers compensation insurance must be provided that insures in the benefits amount required by the State law Applicable Law, and includes coverage B Employer's Liability. The Employer's (ii) employer’s liability limits must be at least: Bodily Injury By Accident with a minimum amount of $1,000,000 Each Accident Bodily Injury By Disease per accident, $1,000,000 Policy Limit Bodily Injury By Disease per disease, and $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesaggregate. (d) If Tenant commits or permits any activity or the placing or operation Commercial automobile liability insurance in a minimum amount of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation$1,000,000 per accident. (e) In Umbrella/excess liability coverage providing coverage on a follow-form basis with respect the event Tenant is coverage required under Sections 16.1(b) (not including contamination or degradation of Aron’s Property), (c)(ii) and (d) in a minimum amount of $450,000,000 per occurrence and in the business of manufacturingaggregate; provided that, distributingto the extent such limit exceeds the insurance limits available or the insurance limits available at commercially reasonable rates in the insurance marketplace, sellingthe Company will maintain the highest insurance limit available at commercially reasonable rates; provided further however, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with that the securitization or financing Company will promptly notify Aron of the Project as an additional insured with limits Company’s inability to procure and maintain such limit of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policycoverage. (f) A policy Pollution legal liability coverage in a minimum amount of business interruption $100,000,000 per occurrence and in the aggregate for sudden and accidental pollution liability, gradual pollution liability, injury to persons or damage to property resulting from any release, spillage, leak or discharge of Product from the Refinery Facilities and Included Locations and /or the Terminal into the ambient, air, surface water, groundwater, land surface or subsurface strata. Such insurance with an "Extra Expense" insuring agreement naming Landlord shall include coverage for clean-up and any other party designated by Landlord as an additional insured providing coverage of remediation expenses that is not less than twelve (12) months of Rent and other business incomesubject to sub-limits. (g) All other insurance, Charterer’s liability insurance (if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under applicable) in a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the minimum amount of insurance thereunder allocated to $50,000,000 per occurrence and in the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyaggregate.

Insurance Coverages. 15.1 Landlord shall procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Industrial Complex to be insured under standard fire and extended coverage insurance (excluding hurricane and storm insurance unless readily obtainable at commercially reasonable rates) and liability insurance (plus whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. 15.2 Tenant shall obtainprocure and maintain throughout the term of this lease, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coveragesinsurance: (ai) A policy of commercial general Comprehensive General Liability Insurance providing coverage for bodily injury (including death), property damage and products liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure against injury to property, person or loss Tenant's obligations under Article 21 hereof. Such insurance shall have a combined single limit of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than Two Million Dollars ($10,000,000 for death and/or bodily injury2,000,000) per occurrence, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability or such greater amount as provided in an ISO liability policy under the definition of insured contract.Landlord may from time to time require; (bii) A policy providing commercial property Fire and extended coverage insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, covering Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, alterations, furniture, equipment, lighting, ceilings, heating, ventilation and naming Landlord air conditioning equipment, interior plumbing and any plate glass against loss or damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism and malicious mischief and such other party designated by Landlord risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in connection with a securitization or financing Section 16.3 of the Project as an additional insured. Such policy shall provide coverage this lease and in an amount not less than equal to the greater of the full replacement cost of value or the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits amount required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance holder of any mortgage from time to time placed upon the Industrial Complex or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees.a portion of the Industrial Complex containing the Demised Premises; (diii) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. LandlordState Worker's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is Compensation Insurance in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage statutorily mandated limits and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured Employers Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($10,000,000 per occurrence. The limits 500,000), or such greater amount as Landlord may be obtained through a primary and an excess policy.from time to time require; and (fiv) A policy Such other insurance as Landlord may reasonably require from time to time. It is expressly understood and agreed that the foregoing minimum limits of business interruption insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any mortgagee, any managing agent for the Industrial Complex and such other parties as Landlord shall from time to time designate as an "Extra Expense" insuring agreement naming additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other party designated by Landlord as an additional insured providing coverage parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:VII or better by Best's Insurance Guide and licensed to do business in the State of California. All such policies shall be written as primary policies with deductibles not less than twelve (12to exceed the amount specified in Section 1.1(p) months of Rent and above. Any other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlordpolicies, including but not limited toLandlord's policy, boiler and machinery will serve as excess coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions shall deliver duplicate original copies of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects all such policies and properties of Tenant as well as the Projectall endorsements thereto, provided that the amount of insurance thereunder allocated prior to the Project is not less than that required hereinCommencement Date, and or, in the blanket policy otherwise complies as to endorsements and coverage with the provisions case of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord renewals thereto, fifteen (15) days prior to the Commencement Date and, with respect to any renewal expiration of the prior insurance policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days days' prior written notice from the insurer to Landlord, as well as to Landlord's agent (at the expiration address for the payment of rent set forth in Section 4.2 above). If Tenant should fail to comply with the existing policy. A copy of foregoing requirement relating to insurance, Landlord may obtain such insurance policies will be provided by and Tenant shall pay to Landlord upon on demand as additional rental hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1-1/2% per month) from the date of payment by Landlord until repaid by Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordwith respect to the Land, Tenant Improvements, Fixtures and any other party designated by Landlord Personal Property, in form and substance and in amounts as an additional insuredBorrower may reasonably determine from time to time, subject to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Lender's reasonable approval. Borrower will maintain not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury the insurance coverages and property damage. The policy shall contain supplemental endorsements covering contractual liability in effect as provided in an ISO liability policy under of the definition of insured contractdate hereof. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (in each case to the insuring agreement extent relating to the Land, Improvements and Fixtures, the "Cause Policies"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord subrogation and a -------- replacement cost endorsement and will provide for Lender to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non- renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "Insurers") must be provided that insures the benefits required by -------- authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy Borrower will pay the Insurance Premiums for each Policy within 30 days of business interruption insurance invoice therefor and in any case in such a timely manner as to prevent lapse of the Policy being replaced or renewed (except to the extent that Borrower is required to deposit funds for Insurance Premiums with the Accumulation Depository, in which case such payments shall be made in accordance with the provisions of Article VI hereof) and will deliver to Lender an original or, if a ---------- blanket policy, a certified copy of each Policy marked "Extra ExpensePaid" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months 30 days after payment of Rent and the Policy being replaced or renewed or other business incomeevidence of payment of such Insurance Premiums reasonably satisfactory to Lender. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower may carry any of like type, or the insurance required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of under this Article by providing the foregoing insurance coverage under Section on a blanket or umbrella policy covering other Projects and properties of Tenant as well as the Project, provided that Borrower provides Lender with an original or copy certified by the insurer of each such policy. Each such blanket policy shall allocate to the Property the amount of insurance thereunder allocated to coverage required under this Section and otherwise shall provide the Project is not less than that required herein, same coverage and protection as would a separate policy insuring only the blanket policy otherwise complies as to endorsements and coverage with Property without the provisions possibility of this Article. Evidence any reduction of insurance benefits by reason of any claim made against such policy related to another property insured thereunder. (i) Borrower will give the Insurers prompt notice of any change in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration ownership or occupancy of the existing policyProperty. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyThis subsection does not abrogate the prohibitions on transfers set forth in this Mortgage.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlord, Tenant in form and any other party designated by Landlord substance as an additional insured, Lender may from time to insure against injury to property, person or loss time require of life arising out properties of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury similar types and property damagequality. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may will be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than equal to 100% of the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be includedImprovements and Personal Property (without deduction for depreciation) and will include fire, as well asextended coverage, vandalism, malicious mischief, sprinkler leakage, boiler and machinery, terrorism coverage, windstorm, earthquake and flood insurance (if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain located in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project an area identified as an additional insured with limits earthquake or flood zone), and a minimum of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent rent loss insurance. The insurance will also include commercial general liability coverage in substance and other business incomeamount satisfactory to Lender naming Lender as an additional insured. Until Lender notifies Borrower of changes in Lender’s requirements, Borrower will maintain not less than the insurance coverages and endorsements Lender required for closing of the Loan. (gb) All other The insurance, if anyincluding renewals, customarily maintained by businesses required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the “Policies”). Each Policy will contain a standard waiver of like typesubrogation and a replacement cost endorsement and will provide that Lender TIAA Authorization ID # AAA-7346; TIAA Inv. ID # 000553801 Polaris Fashion Place Mortgage 15239260v.7 will receive not less than thirty (30) days’ prior written notice of any cancellation, termination or required by non-renewal of a Policy or any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage material change other than an increase in coverage and coverage for employee dishonesty that Lender will be named under a standard mortgagee endorsement on the property insurance as mortgagee and loss payee. (c) The insurance companies issuing the Policies (the “Insurers”) must be authorized to do business in the State or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of money A- or better and securitiesan A.M. Best Company, Inc. financial category rating of Class X or better and must be otherwise satisfactory to Lender. Tenant Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender’s right to approve the Insurers and to establish credit rating standards for the Insurers, Lender will not be responsible for the solvency of any Insurer. (d) Notwithstanding Lender’s rights under this Article, Lender will not be liable for any loss, damage or injury resulting from the inadequacy or lack of any insurance coverage. (e) Borrower will comply with the provisions of this Article the Policies and with the requirements, notices and demands imposed by providing the foregoing Insurers and applicable to Borrower or the Property. (f) Borrower will pay the insurance coverage under premiums for each Policy and provide Lender with evidence of such payment within fifteen (15) days of the expiration date of the Policy being replaced or renewed and Borrower will deliver to Lender a blanket policy covering other Projects and properties certified copy of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is each Policy marked “Paid” not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect expiration date of the Policy being replaced or renewed. In the event Borrower is unable to any renewal policy, thirty (30) deliver a certified copy 15 days prior to the expiration date, Borrower will provide evidence of the existing renewed coverage by delivering to Lender an ▇▇▇▇▇ 27 (2004/04 or 1993/03) or ▇▇▇▇▇ 28 (2003/10) or the current industry equivalent until a certified copy is available and delivered to Lender. (g) Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance carried by Borrower. (h) If Borrower elects to carry any of the insurance required under this Section on a blanket or umbrella policy. A , Borrower will deliver to Lender a certified copy of the blanket policy (which may be effectuated by a letter, signed by Borrower, certifying that an attached copy of the blanket policy is true, correct and complete) and an accord evidencing the existence of such policy, which policy will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers and Lender prompt notice of any change in ownership or occupancy of the Property that may result in a change in the insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyrequirements for the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Mortgage.

Insurance Coverages. 15.1 Landlord shall procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Industrial Complex to be insured under standard fire and extended coverage insurance (excluding hurricane and storm insurance unless readily obtainable at commercially reasonable rates) and liability insurance (plus whatever endorsements or special coverages Landlord, in its sole but reasonable discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. All payments for losses thereunder shall be made solely to Landlord. If the annual premiums charged to Landlord shall exceed the standard rates because Tenant's operations, the contents of the Demised Premises, or improvements made to the Demised Premises beyond standard improvements result in extra-hazardous exposure, Tenant shall obtainpay the excess amount of the premium upon demand therefor by Landlord. 15.2 Tenant shall procure and maintain throughout the term of this lease, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, all of the following insurance coverages: (a) A policy of commercial general Commercial General Liability Insurance, providing coverage for bodily injury (including death), property damage and products liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure against injury to property, person or loss Tenant's obligations under Section 16.2 and Article 21 hereof. Such insurance shall have a combined single limit of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than Three Million Dollars ($10,000,000 3,000,000) per occurrence, or such greater amount as Landlord may from time to time require. If Tenant uses vehicles, owned and non-owned, in any way to carry out business on or about the Industrial Complex, Tenant shall also maintain Motor Vehicle Liability Insurance; such insurance shall have a combined single limit of not less than One Million Dollars ($1,000,000) for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property Fire and extended coverage insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, covering Tenant's leasehold personal property, fixtures, improvements, merchandisewall coverings, trade fixturesfloor coverings, window coverings, signs, alterations, furniture, furnishings, equipment, lighting, ceilings, heating, ventilation and air conditioning equipment and personal propertyinterior plumbing against loss or damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and naming Landlord vehicles, smoke damage, vandalism and any malicious mischief and such other party designated by Landlord risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in connection with a securitization or financing Section 16.3 of the Project as an additional insured. Such policy shall provide coverage this lease and in an amount not less than equal to the greater of the full replacement cost value or the amount required by the holder of any mortgage from time to time placed upon the Industrial Complex or a portion of the ProjectIndustrial Complex containing the Demised Premises, with business interruption insurance covering the Demised Premises. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal Replacement value is understood to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including mean the cost of removing its debris and increased cost of construction coverageto replace without deduction for depreciation. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B EmployerWorker's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is Compensation Insurance in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policystatutorily mandated limits. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated by Landlord as an additional insuredfrom time to time. Until Lender notifies Borrower of changes in Lender’s requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause “Policies”).Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding ▇▇▇▇▇▇’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding ▇▇▇▇▇▇’s rights under this Article, ▇▇▇▇▇▇ will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement will deliver to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount Lender an original certificate of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) 15 days prior to the expiration of the existing Policy and an original or, if a blanket policy. A , a certified copy of such each Policy marked “Paid” not less than 30 days thereafter. (g) Borrower will not carry separate insurance policies concurrent in kind or form or contributing in the event of loss with any other insurance carried by Borrower. (h) Borrower will not carry any of the insurance required under this Section on a blanket or umbrella policy without in each instance Lender’s prior written approval. If Lender approves, Borrower will deliver to Lender a certified copy of the blanket policy which will allocate to the Property the amount of coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower’s right, title and interest in and to the Policies then in force will be provided by Tenant transferred automatically to Landlord upon Tenant's receipt from its insurance companythe purchaser or transferee.

Insurance Coverages. Tenant 13.1 Landlord shall obtainprocure and maintain throughout the Lease Term a policy or policies of insurance, at its sole cost and expense (but subject to Article VI above), insuring the Premises under standard fire and extended coverage insurance and liability insurance (with deductibles and whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this Lease. 13.2 Tenant, at its sole cost and expense, beginning shall procure and maintain throughout the Lease Term a policy or policies of insurance, at its sole cost and expense, insuring all fixtures and contents, and all Improvements and other improvements constructed by or for Tenant or any Subtenant (including, without limitation, the Improvements), for at least 80% of the replacement cost under standard fire and extended coverage insurance and, with regard to liability insurance, insuring both Landlord and Tenant against all claims, demands and/or actions arising out of or in connection with the use, occupancy or operation of the Premises by Tenant, any Subtenant or any other person or entity, or the condition of the Premises. Tenant's liability policy or policies shall be written by insurance companies satisfactory to Landlord. Tenant shall obtain a written obligation on the Commencement Date part of each insurance company to notify Landlord at least thirty days prior to cancellation or alteration of insurance. Such policies or duly executed certificates of insurance shall be promptly delivered to Landlord, and renewals thereof as required shall maintain through be delivered to Landlord, at least thirty days prior to the expiration of the respective policy terms. If Tenant should fail to comply with the foregoing requirement relating to insurance, Landlord may obtain such insurance without notice, demand or opportunity to cure, and Tenant shall pay to Landlord, on demand, as additional Rent hereunder, the premium cost thereof, together with interest at the maximum contractual rate (but in no event to exceed 1 1/2% per month), from the date of payment by Landlord until repaid by Tenant. Landlord shall be named as loss payee with respect to the standard fire and extended coverage insurance covering the leasehold improvements owned by Landlord. 13.3 Tenant shall obtain and maintain, and cause each of its Subtenants to obtain and maintain, at all times during the Lease TermTerm insurance coverage as required hereunder and in Section 13.2 above and as may be required by law (including, without limitation, broad form comprehensive general liability coverage, products liability, broad form contractual liability coverage, liquor liability, auto liability, and business interruption, workers compensation and employees' liability insurance) from reputable insurance companies with an A.M. Best Rating of "A" and an A.M. Best Class Rating of XIV (or comparable ratings from a reputable insurance rating service in the following event A.M. Best ratings are discontinued or materially altered), authorized to do business in the jurisdiction in which the Premises are located, and covering the activities of Tenant and its Subtenants. The insurance coveragesshall be in form reasonably satisfactory to Landlord, in amounts at least equal to the following: (a) A policy of comprehensive commercial general liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlordinsurance, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing combination of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable primary and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with excess limits of not less than Two Million Dollars ($10,000,000 2,000,000.00), with minimum limits of One Million Dollars ($1,000,000.00) per occurrence. The , bodily injury and property damage combined; (b) auto liability insurance, including coverage of owned, non-owned and hired vehicles, with a combination of primary and excess limits of not less than Five Hundred Thousand Dollars ($500,000.00) for bodily injury for each person, One Million Dollars ($1,000,000.00) for bodily injury for each occurrence and One Million Dollars ($1,000,000.00) for each occurrence of property damage; (c) employer's liability insurance with a limit of not less than Five Hundred Thousand Dollars ($500,000.00); (d) workers compensation insurance in such amount as may be obtained through required by applicable statute or rule; (e) hazard insurance with sufficient coverage to cover the replacement cost of the Premises, including all Improvements, with a primary and an excess policy."value guard" endorsement, if available; (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage a minimum of not less than twelve Two Hundred Thousand Dollars (12$200,000.00) months of Rent and other business income.payable in three (3) equal monthly installments; (g) All hazard insurance with sufficient coverage to cover the replacement costs of the contents of the Premises, including furniture, fixtures and equipment; and (h) if beer, wine, liquor or other insurancealcoholic beverages are served from the Premises or any part thereof, if any, customarily maintained by businesses liquor liability insurance with a minimum of like type, or required by any Legal Requirement One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) in the aggregate. Tenant shall provide Landlord with proof of such insurance from time to be carried or maintained by Tenant, or time as otherwise may be reasonably required requested by Landlord, including but not limited toand such policies of insurance required herein shall name Landlord and its partners, boiler and machinery coveragetheir respective, innkeepers liability coverageits affiliates, automobile members, shareholders, directors, and garagekeepers liability coverageofficers, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securitiesas additional insureds. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided The policies shall provide that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen insurers will give thirty (1530) days prior written notice to Landlord before any material alteration to the terms of the policies or the expiration or termination of such policies of insurance. In the event Tenant fails to obtain or maintain, or cause its Subtenants to obtain and maintain, the insurance described herein, Landlord shall have the right, but not the obligation, to procure such insurance, and in such event, Tenant shall reimburse Landlord, as additional Rent, for the costs of such insurance, together with interest thereon at the maximum contractual rate allowed by applicable law (but in no event to exceed 1 1/2% per month) from the date advanced by Landlord until repaid. All public liability and property damage insurance policies shall contain a provision that Tenant's insurance coverage shall be primary to any coverage Landlord maintains. Prior to the Commencement Date andDate, with respect to any renewal policy, thirty and thereafter at least sixty (3060) days prior to the expiration of the existing any policy. A copy of such insurance policies will be provided by , Tenant shall deliver to Landlord upon Tenant's receipt from its insurance companycertificates of insurance, and if requested, copies of all applicable policies which evidence the coverages required by this Lease.

Insurance Coverages. 15.1 Landlord must procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Project to be insured under Special Form or similar property insurance and commercial general liability insurance (with whatever deductibles, endorsements, exceptions or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord’s obligations pursuant to other provisions of this lease. 15.2 Tenant shall obtainmust procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of causing Tenant’s fixtures and contents to be fully insured for their replacement value under standard Special Form or similar property insurance, (b) providing commercial general liability insurance (including Insurance Service Office (ISO) forms and endorsements insuring Tenant, on an occurrence basis, against all claims, demands, or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life actions arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization Tenant’s use or financing occupancy of the Project as an additional insured. Such policy shall provide coverage in an amount not less than Demised Premises, or by the full replacement cost condition of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be includedDemised Premises, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' providing worker’s compensation insurance must be provided that insures the benefits required by the State law in statutory amounts and includes employer’s liability coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence500,000.00. The limits may be obtained through Tenant’s commercial general liability policy or policies must provide coverage with a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage combined single limit of not less than twelve $1,000,000 per occurrence (12) months with no offset for occurrences on property other than the Demised Premises), must list Landlord as a loss payee (as to the Special Form or similar property insurance), as to Landlord’s interest in any of Rent Tenant’s property, and other business income. as an “additional insured” (g) All as to all other insurance, if anyincluding, customarily maintained without limitation, the commercial general liability insurance), and must be written by businesses of like type, or required by any Legal Requirement insurance companies and on forms and with deductibles satisfactory to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited toand Tenant’s insurance shall be primary (with any policies of Landlord or Landlord’s mortgagees being excess, boiler secondary and machinery coveragenon-contributory). Additionally, innkeepers Tenant’s worker’s compensation and employer’s liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss policies must include waivers of money and securitiessubrogation in favor of Landlord. Tenant may comply with must obtain a written obligation on the provisions part of this Article by providing the foregoing each insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated company to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to notify Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, at least thirty (30) days prior to cancellation or modification of such insurance. Tenant must promptly deliver such policies or duly executed certificates of insurance to Landlord before Tenant occupies any portion of the Demised Premises and must promptly deliver renewals thereof as required to Landlord at least thirty days prior to the expiration of the existing policyrespective policy terms. A copy of If Tenant should fail to comply with the foregoing requirements relating to insurance, Landlord may obtain such insurance policies will be provided by and Tenant must pay to Landlord upon on demand as additional rental hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1 ½% per month) from the date of payment by Landlord until repaid by Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower and Grantor will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements in form and substance and in amounts as Lender may require in its sole reasonable discretion, from time to time. Until Lender notifies Borrower or their equivalent) naming LandlordGrantor of changes in Lender's requirements, Tenant Borrower and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Grantor will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements reasonably satisfactory to Lender (the insuring agreement "Cause Policies"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "Insurers") must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage Grantor and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will each comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Grantor, Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord Grantor and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve 30 days before the expiration date of the Policy being replaced or renewed and will deliver to Lender a certified copy of each Policy (12for the initial closing or any replacements of the original policy, with an ▇▇▇▇▇ 27 certificate for any renewals thereafter) months marked "Paid" not less than 10 days prior to the expiration date of Rent and other business incomethe Policy being replaced or renewed. (g) All Neither Grantor nor Borrower will carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses of like type, Grantor or required by Borrower. (h) If Grantor and/or Borrower carries any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy, it will deliver to Lender prior to the date hereof or for any replacement policy covering other Projects a certified duplicate copy of the blanket policy (and properties of Tenant certificates as well as described in paragraph (f), above, for renewals) which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Grantor will give the Insurers prompt notice of any change in ownership or use of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Grantor's right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant Borrower shall obtainat all times prior to payment or satisfaction in full of the Obligations, at obtain or cause to be obtained in respect of Borrower and the Premises the following policies of insurance, to the extent applicable in Lender's sole discretion, issued by insurance companies and containing terms satisfactory to Lender in its sole cost and expensediscretion: 5.1.1 comprehensive all risk insurance (including coverage for earthquake subsidence and/or earth movements, beginning if necessary) on the Commencement Date Improvements and shall maintain through the Lease Termpersonal property of Borrower (including coverage for earthquake subsidence and/or earth movements, if necessary) or any Affiliate of Borrower located on the following insurance coverages: Premises (which may be carried on a blanket basis with other properties provided that the coverages and premiums therefor are separately allocated and stated) including contingent liability from "Operation of Building Laws," "Demolition Costs" and "Increased Cost of Construction" endorsements, in each case (a) A policy in an amount equal to 100% of the "Full Replacement Cost" (which for purposes hereof shall mean actual replacement value exclusive of costs of excavations, foundations, underground utilities and footings), as determined by an appraiser or contractor designated and paid by Borrower and reasonably approved by Lender, or by an engineer or appraiser in the regular employ of the insurer, with a waiver of depreciation, (b) containing an "Agreed Amount" endorsement with respect to the Improvements and personal property of Borrower or any Affiliate of Borrower located on the Premises, waiving all co-insurance provisions, (c) providing for no deductible in excess of $25,000.00 and (d) containing an "Ordinance or Law Coverage" or "Enforcement" endorsement if any of the Improvements or the use of the Premises shall constitute legal non-conforming structures or uses ("Property Insurance"); 5.1.2 commercial general liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlordagainst claims for personal injury, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injurydeath or property damage occurring upon, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazardsPremises ("Liability Insurance"), Tenant which Liability Insurance may be carried under one or more insurance policies aggregating the minimum combined single limit hereinbelow described and shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover (a) be on the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute so-called "occurrence" form with a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits combined single limit of not less than $10,000,000 per occurrence. The limits may 2,000,000.00 with at least a $100,000,000.00 "umbrella" policy, (b) continue at not less than the aforesaid limit until required to be obtained through a primary changed by Lender in writing by reason of changed economic conditions making such protection inadequate and an excess policy. (fc) A policy of business interruption insurance with cover at least the following hazards: (i) premises and operations, (ii) products and completed operations on an "Extra Expenseif any" insuring agreement naming Landlord basis, (iii) independent contractors, (iv) blanket contractual liability for all written and any other party designated oral contracts and (v) contractual liability covering the indemnities contained in the Loan Documents to the extent the same is available at commercially reasonable premium rates; 5.1.3 business income or interruption (loss of rents) insurance ("Business Insurance") determined by Landlord as Lender based on Lender's reasonable estimate of Borrower's gross income, (a) with loss payable to Lender, (b) covering all risks required to be covered by the Property Insurance, (c) containing an additional "Extended Period of Indemnity" endorsement which provides that after the physical loss to the Improvements and personal property located on the Premises has been repaired, the continued loss of income will be insured providing coverage until the expiration of not less than twelve two (122) months years from the date of Rent the loss, notwithstanding that the policy may expire prior to the end of such period and other business income.(d) in an amount equal to 100% of the projected gross income from the Premises for a period of two (2) years; 5.1.4 flood hazard insurance (g"Flood Insurance") All other for such portions of the Premises as are located in a federally designated "special flood hazard area" and in which flood insurance has been made available under the National Flood Insurance Act of 1968, as amended; 5.1.5 at all times during which any work or construction, repairs or alterations are being made with respect to the Improvements or on the Premises Property Insurance, written on a so-called builder's risk completed value form (a) on a non-reporting basis, (b) against all risks insured against under the Property Insurance, (c) including permission to occupy the subject property, and (d) with an "Agreed Amount" endorsement waiving co-insurance provisions ("Builder's Risk Insurance"); 5.1.6 if there shall be any employees of Borrower on the Premises, worker's compensation, subject to the statutory limits of the State of Florida, and employer's liability insurance with a limit of at least $5,000,000.00 per accident and per disease per employee, and $5,000,000.00 for disease aggregate in respect of any work or operations on or about the Premises or in connection with the Premises ("Worker's Compensation Insurance"); 5.1.7 comprehensive boiler and machinery insurance, if anyapplicable, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or in amounts as otherwise may shall be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant Lender ("Boiler ------- Insurance"); and 5.1.8 such other insurance as Lender may comply reasonably require from time to time (together with the provisions of this Article by providing Property Insurance, the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as Liability Insurance, the ProjectBusiness Insurance, provided that the amount of insurance thereunder allocated to Flood Insurance, the Project is not less than that required hereinBuilder's Risk Insurance, the Worker's Compensation Insurance and the blanket policy otherwise complies Boiler Insurance, as to endorsements and coverage with applicable, the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company"Required Insurance").

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlord, Tenant in form and any other party designated by Landlord substance as an additional insured, Lender may require in its sole discretion from time to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damagetime. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may will be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than equal to 100% of the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be includedImprovements and Personal Property (without deduction for depreciation) and will include fire, extended coverage, vandalism, malicious mischief, sprinkler leakage, boiler and machinery, terrorism coverage, windstorm, earthquake and flood insurance (if located in an area identified as well asan earthquake or flood zone), day care facility general liability and umbrella coverage (if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location any portion of the ProjectProperty is used as a day care or childcare services facility), and a minimum of 12 months of rent loss insurance. Such The insurance will also include commercial general liability coverage must include in substance and amount satisfactory to Lender naming Lender as an additional insured. Until Lender notifies Borrower of changes in Lender’s requirements, Borrower will maintain not less than the expense insurance coverages and endorsements Lender required for closing of tearing down any Improvementsthe Loan. (b) The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the “Policies”). Each Policy will contain a standard waiver of subrogation and a replacement cost endorsement and will provide that Lender will receive not less than 30 days’ prior written notice of removing its debris any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and increased cost of construction coveragethat Lender will be named under a standard mortgagee endorsement on the property insurance as mortgagee and loss payee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A- or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding ▇▇▇▇▇▇’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding ▇▇▇▇▇▇’s rights under this Article, ▇▇▇▇▇▇ will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy Borrower will pay the insurance premiums for each Policy and provide Lender with evidence of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord such payment within 15 days of the expiration date of the Policy being replaced or renewed and any other party designated by Landlord as an additional insured providing coverage Borrower will deliver to Lender a certified copy of each Policy marked “Paid” not less than twelve 15 days prior to the expiration date of the Policy being replaced or renewed. In the event Borrower is unable to deliver a certified copy 15 days prior to the expiration date, Borrower will provide evidence of the renewed coverage by delivering to Lender an ▇▇▇▇▇ 27 (122004/04 or 1993/03) months of Rent or ▇▇▇▇▇ 28 (2003/10) or the current industry equivalent until a certified copy is available and other business incomedelivered to Lender. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) If Borrower elects to carry any of like type, or the insurance required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of under this Article by providing the foregoing insurance coverage under Section on a blanket or umbrella policy, Borrower will deliver to Lender a certified copy of the blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers and Lender prompt notice of any change in ownership or occupancy of the Property that may result in a change in the insurance thereunder allocated requirements for the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Mortgage. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower’s right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower and Grantor will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements in form and substance and in amounts as Lender may require in its sole reasonable discretion, from time to time. Until Lender notifies Borrower or their equivalent) naming LandlordGrantor of changes in Lender’s requirements, Tenant Borrower and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Grantor will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements reasonably satisfactory to Lender (the insuring agreement "Cause “POLICIES”). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “INSURERS”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender’s rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage Grantor and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will each comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Grantor, Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord Grantor and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve 30 days before the expiration date of the Policy being replaced or renewed and will deliver to Lender a certified copy of each Policy (12for the initial closing or any replacements of the original policy, with an ▇▇▇▇▇ 27 certificate for any renewals thereafter) months marked “Paid” not less than 10 days prior to the expiration date of Rent and other business incomethe Policy being replaced or renewed. (g) All Neither Grantor nor Borrower will carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses of like type, Grantor or required by Borrower. (h) If Grantor and/or Borrower carries any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy, it will deliver to Lender prior to the date hereof or for any replacement policy covering other Projects a certified duplicate copy of the blanket policy (and properties of Tenant certificates as well as described in paragraph (f), above, for renewals) which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Grantor will give the Insurers prompt notice of any change in ownership or use of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Grantor’s right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. 15.1 Tenant shall obtainmust, at its Tenant's sole cost and expense, beginning on procure and maintain the Commencement Date and shall maintain through insurance described below in accordance with the Lease Term, the following requirements set forth below: a. The minimum insurance coveragescoverages are as follows: (i) Property insurance (the "Tenant's Property Insurance") which covers: (a) A policy the Demised Premises for damages to the Demised Premises in the amount of commercial general liability insurance $3 million for comprehensive (including Insurance Service Office (ISOproperty) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. damages; (b) A policy providing commercial all of Tenant's personal property insurance containing in, on, at, or about the insuring agreement "Cause of Loss-Special Form" or its equivalentDemised Premises, together with such endorsements as may be deemed advisable by Landlord to insure the Improvementsincluding, without limitation, Tenant's leasehold improvements, merchandisefurniture, trade fixtures, furnishingsequipment, equipment and personal propertyinventory, and naming Landlord merchandise (collectively, "Tenant's Personal Property"); and any other party designated by Landlord in connection with a securitization or financing of (c) all improvements to the Project as Demised Premises. Tenant's Property Insurance must be written on the broadest available "special form", policy form; must include an additional insured. Such policy shall provide coverage in an agreed-amount not endorsement for no less than one hundred percent (100%) of the full replacement cost of the Project. An "Agreed Amount Clause" waiving Tenant's Personal Property (new, without deduction for depreciation), the coinsurance clause Demised Premises and improvements to the Demised Premises; must be includedwritten in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an "insured as its interest may appear." (ii) Commercial general liability insurance ( "Tenant's Liability Insurance") written on an "occurrence" policy form, covering Bodily Injury, Property Damage, and Personal Injury (all as well asdefined in Section 16.2 below), if commercially reasonable arising out of or relating, directly or indirectly, to Tenant's business operations, conduct, assumed liabilities, or use or occupancy of the Demised Premises. Tenant's Liability Insurance must include the broadest available form of contractual liability coverage. It is the intent of Landlord and obtainable, flood and earthquake Tenant that ▇▇▇▇▇▇'s contractual liability coverage at limits equal will provide coverage to the maximum foreseeable loss at extent possible of Tenant's indemnification obligations under this Lease. The minimum acceptable limits for Tenant's Liability Insurance are $2,000,000 per occurrence. Tenant must cause the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris Landlord Parties (as defined in Section 16.2 below) to be named as "additional insureds" by endorsement satisfactory in form and increased cost of construction coveragesubstance to Landlord. (ciii) A Workers' Compensation Insurance and Employer's Liability Insurance. The minimum acceptable limits for the Worker's Compensation Insurance are as set forth in the applicable statutes of the State of Texas and for the Employer's Liability Insurance are $500,000 per each accident, $500,000 disease per employee, and $500,000 disease policy limit. All such policies must contain waivers of workers' compensation subrogation in favor of Landlord. THE, ▇▇▇▇▇▇▇ LAW FIRM LLP q HOUSTON, TX initials initials (iv) At all times during which construction work is being performed by or on behalf of Tenant at the Demised Premises, Tenant must maintain "Builder's Risk" insurance, covering the full replacement value of all such work being performed, naming Landlord as an "insured as its interest may appear," and being written in amounts of coverage that meet any coinsurance requirements of the policy or policies. b. The insurance requirements set forth in Section 15.1 (a) are independent of Tenant's waiver, indemnification, and other obligations under this Lease and cannot be construed or interpreted in any way to restrict, limit, or modify Tenant's waiver, indemnifications, and other obligations or to limit in any way Tenant's liability under this Lease. In addition to the requirements set forth in Section 15.1 (a), each insurance company issuing one or more of policies of insurance Tenant is required to carry under this Article 15 must have a rating of no less than ANIII in the current Best's Insurance Guide or A- in the current Standard and Poor Insurance Solvency Review and must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death admitted to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is engage in the business of manufacturinginsurance in the State of Texas. The insurance Tenant is required to carry under this Lease must be primary insurance for all claims under such insurance and must provide that any insurance carried by the Landlord Parties is strictly excess, distributingsecondary, sellingand noncontributing with any insurance carried by Tenant. The insurance Tenant is required to carry under this Lease must provide that it cannot be canceled, servicing not renewed, or furnishing alcoholic beverages, be subject to a policy change in coverage or limits of alcoholic beverage and liquor liability insurance naming coverage except after thirty (30) days' prior written notice to Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities▇▇▇▇▇▇▇▇'s lenders. Tenant may comply with the provisions of this Article by providing the foregoing is permitted to provide its insurance coverage under through a blanket policy covering other Projects as long as Tenant, at Tenant's sole cost and properties of expense, procures a "per location" endorsement, or an equivalent reasonably acceptable to Landlord. c. Tenant as well as must deliver to Landlord adequate proof that Tenant is carrying the Project, provided that the type and amount of insurance thereunder allocated coverage required by this Lease before ▇▇▇▇▇▇ enters onto the Demised Premises and at any time (but no more than twice per year) upon request from Landlord. Additionally, Tenant must deliver to the Project is not Landlord, no less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to before the expiration date of any policy, adequate proof that Tenant has obtained renewal or replacement coverage for at least one (1) year immediately following such expiration. While the following checklist does not override the requirements of the existing policypreceding sentences, it is intended to give Tenant a preliminary checklist of the insurance documentation Landlord requires: n ▇▇▇▇▇ Form 27 "Evidence of Insurance" (for Property Insurance, Builder's Risk Insurance, Commercial General Liability Insurance, Worker's Compensation Insurance, and Employers' Liability Insurance). A copy n Copies of all additional insured endorsements (which must be on ISO Form 2026 or an ISO form which replaces such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.form). n Copies of all loss payee endorsements. n Copies of all mortgagee clauses. n Copies of all waivers of subrogation. initials initials

Insurance Coverages. 15.1 Tenant shall obtainmust, at its Tenant's sole cost and expense, beginning on procure and maintain the Commencement Date and shall maintain through insurance described below in accordance with the Lease Term, the following requirements set forth below: a. The minimum insurance coveragescoverages are as follows: (i) Property insurance (the "Tenant's Property Insurance") which covers: (a) A policy the Demised Premises for damages to the Demised Premises in the amount of commercial general liability insurance $3 million for comprehensive (including Insurance Service Office (ISOproperty) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. damages; (b) A policy providing commercial all of Tenant's personal property insurance containing in, on, at, or about the insuring agreement "Cause of Loss-Special Form" or its equivalentDemised Premises, together with such endorsements as may be deemed advisable by Landlord to insure the Improvementsincluding, without limitation, Tenant's leasehold improvements, merchandisefurniture, trade fixtures, furnishingsequipment, equipment and personal propertyinventory, and naming Landlord merchandise (collectively, "Tenant's Personal Property"); and any other party designated by Landlord in connection with a securitization or financing of (c) all improvements to the Project as Demised Premises. Tenant's Property Insurance must be written on the broadest available "special form", policy form; must include an additional insured. Such policy shall provide coverage in an agreed-amount not endorsement for no less than one hundred percent (100%) of the full replacement cost of the Project. An "Agreed Amount Clause" waiving Tenant's Personal Property (new, without deduction for depreciation), the coinsurance clause Demised Premises and improvements to the Demised Premises; must be includedwritten in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an "insured as its interest may appear." (ii) Commercial general liability insurance ( "Tenant's Liability Insurance") written on an "occurrence" policy form, covering Bodily Injury, Property Damage, and Personal Injury (all as well asdefined in Section 16.2 below), if commercially reasonable arising out of or relating, directly or indirectly, to Tenant's business operations, conduct, assumed liabilities, or use or occupancy of the Demised Premises. Tenant's Liability Insurance must include the broadest available form of contractual liability coverage. It is the intent of Landlord and obtainable, flood and earthquake Tenant that Tenant's contractual liability coverage at limits equal will provide coverage to the maximum foreseeable loss at extent possible of Tenant's indemnification obligations under this Lease. The minimum acceptable limits for Tenant's Liability Insurance are $2,000,000 per occurrence. Tenant must cause the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris Landlord Parties (as defined in Section 16.2 below) to be named as "additional insureds" by endorsement satisfactory in form and increased cost of construction coveragesubstance to Landlord. (ciii) A policy Workers' Compensation Insurance and Employer's Liability Insurance. The minimum acceptable limits for the Worker's Compensation Insurance are as set forth in the applicable statutes of workers' compensation insurance must be provided that insures the benefits required by the State law of Texas and includes coverage B for the Employer's LiabilityLiability Insurance are $500,000 per each accident, $500,000 disease per employee, and $500,000 disease policy limit. The Employer's liability limits All such policies must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeescontain waivers of subrogation in favor of Landlord. (div) If At all times during which construction work is being performed by or on behalf of Tenant commits or permits any activity or at the placing or operation of any equipment on or about the Project creating unusual hazardsDemised Premises, Tenant shall promptly upon notice must maintain "Builder's Risk" insurance, covering the full replacement value of all such work being performed, naming Landlord as an "insured as its interest may appear," and being written in amounts of coverage that meet any coinsurance requirements of the policy or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationpolicies. b. The insurance requirements set forth in Section 15.1 (ea) are independent of Tenant's waiver, indemnification, and other obligations under this Lease and cannot be construed or interpreted in any way to restrict, limit, or modify Tenant's waiver, indemnifications, and other obligations or to limit in any way Tenant's liability under this Lease. In addition to the event requirements set forth in Section 15.1 (a), each insurance company issuing one or more of policies of insurance Tenant is required to carry under this Article 15 must have a rating of no less than ANIII in the current Best's Insurance Guide or A- in the current Standard and Poor Insurance Solvency Review and must be admitted to engage in the business of manufacturinginsurance in the State of Texas. The insurance Tenant is required to carry under this Lease must be primary insurance for all claims under such insurance and must provide that any insurance carried by the Landlord Parties is strictly excess, distributingsecondary, sellingand noncontributing with any insurance carried by Tenant. The insurance Tenant is required to carry under this Lease must provide that it cannot be canceled, servicing not renewed, or furnishing alcoholic beverages, be subject to a policy change in coverage or limits of alcoholic beverage and liquor liability insurance naming coverage except after thirty (30) days' prior written notice to Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities's lenders. Tenant may comply with the provisions of this Article by providing the foregoing is permitted to provide its insurance coverage under through a blanket policy covering other Projects as long as Tenant, at Tenant's sole cost and properties of expense, procures a "per location" endorsement, or an equivalent reasonably acceptable to Landlord. c. Tenant as well as must deliver to Landlord adequate proof that Tenant is carrying the Project, provided that the type and amount of insurance thereunder allocated coverage required by this Lease before Tenant enters onto the Demised Premises and at any time (but no more than twice per year) upon request from Landlord. Additionally, Tenant must deliver to the Project is not Landlord, no less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to before the expiration date of any policy, adequate proof that Tenant has obtained renewal or replacement coverage for at least one (1) year immediately following such expiration. While the following checklist does not override the requirements of the existing policypreceding sentences, it is intended to give Tenant a preliminary checklist of the insurance documentation Landlord requires: ■ ▇▇▇▇▇ Form 27 "Evidence of Insurance" (for Property Insurance, Builder's Risk Insurance, Commercial General Liability Insurance, Worker's Compensation Insurance, and Employers' Liability Insurance). A copy ■ Copies of all additional insured endorsements (which must be on ISO Form 2026 or an ISO form which replaces such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyform). ■ Copies of all loss payee endorsements. ■ Copies of all mortgagee clauses. ■ Copies of all waivers of subrogation.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated by Landlord as an additional insuredfrom time to time. Until Lender notifies Borrower of changes in Lender's requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause Policies"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "Insurers") must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certificate evidencing coverage under the Policies marked "Paid" not less than 15 days prior to the expiration date of the Policy being replaced or renewed. Borrower shall provide a certified copy of each Policy promptly upon receipt thereof. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender's prior approval which may be reasonably required by Landlordwithheld in Lender's sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) If required by the Policy, Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Project is not less than that required hereinPolicies then in force , and the except blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall polices, will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require, Tenant and any other party designated by Landlord as an additional insuredfrom time to time. Until Lender notifies Borrower of changes in Lender's requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause Policies"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation -------- (where applicable) and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgagee endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "Insurers") must be provided that insures the benefits required by -------- authorized to do business in the State law of California, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked "Paid" not less than 15 days prior to the expiration date of the Policy being replaced or renewed; provided, however, that if an Insurer -------- permits payment of the Insurance Premium on a Policy in installments, Borrower may elect to pay in installments, in which event Borrower will timely pay each such installment when due and will deliver to Lender, not more than 30 days after payment of the first such installment, the Insurer's written acknowledgment of receipt of payment of such installment together with a schedule of all installment amounts and due dates. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, or the insurance required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of under this Article by providing the foregoing insurance coverage under Section on a blanket or umbrella policy covering other Projects and properties without in each instance Lender's prior approval. If Lender approves, Borrower will deliver to Lender a certified copy of Tenant as well as the Project, provided that blanket policy which will allocate to the Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy Borrower will maintain, or cause the tenants of commercial general liability the Property to maintain, such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its reasonable discretion, Tenant and any other party designated by Landlord as an additional insured, from time to insure against injury to property, person or loss of life arising out time. Borrower acknowledges the reasonability of the ownershipcoverages and endorsements that Lender has required as a condition of making the Loan. Until Lender notifies Borrower of changes in Lender's requirements, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause POLICIES"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord subrogation and a replacement cost endorsement and will provide for Lender to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) The insurance companies issuing the Policies (the "INSURERS") Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policyholder rating of A policy or better and an A.M. Best Company, Inc. financial category rating of workers' compensation insurance Class X or better and must be provided that insures otherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the benefits required by Insurers. Notwithstanding Lender's right to approve the State law Insurers and includes coverage B Employer's Liability. The Employer's liability limits must to establish credit rating standards for the Insurers, Lender will not be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked "Paid" not less than 15 days prior to the expiration date of the Policy being replaced or renewed. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender's prior approval which may be reasonably required by Landlordwithheld in Lender's sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which shall allocate to the Project, provided that Property the amount of coverage required under this Section and otherwise shall provide the same coverage and protection as would a separate policy insuring only the Property without the possibility of any reduction of insurance thereunder allocated benefits by reason of any claim made against such policy related to another property insured thereunder. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Mortgage. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. (a) Landlord shall obtain beginning on the Commencement Date and shall maintain throughout the Lease Term, as an Operating Expense, the following insurance coverages: (i) A policy of public liability insurance on the Common Areas, providing such coverages and in such amounts as Landlord shall from time to time determine. (ii) A policy providing commercial property insurance on the Common Areas and such other portions of the Project as Landlord shall determine, providing such coverages and in such amounts as Landlord shall from time to time determine. (b) Tenant shall obtain, at its sole cost and Tenant's expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (ai) A policy of commercial general liability insurance (including "Insurance Service Office Office" (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project Premises with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (bii) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the ImprovementsImprovements comprising the Premises, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insuredloss payee. Such policy shall provide coverage in an amount not less than the full replacement cost of the ProjectImprovements comprising the Premises. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, as flood and earthquake coverage coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the ProjectPremises. Coverage must also include an "Ordinances or Law Regulations" insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any Improvementsproperty, including the cost of removing its debris and increased debris. Increased cost of construction coveragecoverage must also be included. (ciii) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at leastbe: Bodily Injury By Accident -- $1,000,000 Each Accident Bodily Injury By Disease -- $1,000,000 Policy Limit Bodily Injury By Disease -- $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (div) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (fv) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (gvi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, to boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, and service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain or cause to be maintained such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated from time to time, including those coverages required by Landlord as an additional insuredthe Loan Agreement. Until Lender notifies Borrower of changes in Lender’s requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause “Policies”). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such Lender will not be responsible for the solvency of any Insurer. Lender hereby approves the insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesthat Borrower is maintaining on the date of this Mortgage. (d) If Tenant commits Notwithstanding Lender’s rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked “Paid” not less than 15 days prior to the expiration date of the Policy being replaced or renewed. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender’s prior approval which may be reasonably required by Landlordwithheld in Lender’s sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Mortgage. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower’s right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements in form and substance and in amounts as Lender may require in its sole discretion, from time to time except to the extent such coverages and endorsements are not reasonably commercially available and further provided such coverages and endorsements are not more onerous to Borrower than the types and amounts Lender requires for other properties that are similar in type or their equivalent) naming Landlordlocation as the Property. Until Lender notifies Borrower of changes in Lender’s requirements, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury closing of the Loan except to the extent such coverages and property damage. The policy shall contain supplemental endorsements covering contractual liability are not commercially available and are more onerous to Borrower than the types and amounts Lender requires for other properties that are similar in type or location as provided in an ISO liability policy under the definition of insured contractProperty. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause Policies"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "Insurers") must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A-or better and includes an A.M. Best Company, Inc. financial category rating of (i) Class X or better for all primary liability coverage B Employer's Liability. The Employer's and the first 80% of liability limits coverage and (ii) Class VIII or better for all secondary and remaining liability coverage and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding ▇▇▇▇▇▇’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding ▇▇▇▇▇▇’s rights under this Article, ▇▇▇▇▇▇ will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business income. (g) All other insurancewill deliver to Lender an original or, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties policy, a certified copy of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is each Policy marked "Paid" not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) 15 days prior to the expiration date of the existing Policy being replaced or renewed. Borrower shall have the right to pay Insurance Premiums pursuant to an arrangement with one or more finance companies for the financing of certain blanket insurance policies maintained by Borrower under a Property Insurance Sharing Agreement among Borrower and certain of its affiliates (a "Blanket Insurance Premium Financing Arrangement"). Pursuant to such an arrangement Borrower will pay to such finance companies Borrower’s allocable share of the annual initial deposit for the applicable Insurance Premiums (the "Deposit") and Borrower’s allocable share of ten (10) regular monthly payments (the "Regular Payments") due for each blanket policy. A copy The term "Financing Installment" as used herein means 1/12th of the aggregate of the Deposit and the Regular Payments for each annual period, as such amounts may be adjusted as hereafter set forth. Not less than twenty (20) days prior to each renewal date of each blanket policy, Borrower will provide Beneficiary in writing the estimated premium for such blanket policy for the following renewal period, and not less than ten (10) days after the renewal date, Borrower will provide Beneficiary in writing the actual amount of such insurance policies premium. Borrower will also notify Beneficiary in writing within ten (10) days after any change in the amounts allocated to the Property under the Blanket Insurance Premium Financing Arrangement or any other change in premiums or amounts due from Borrower under the Blanket Insurance Premium Financing Arrangement. Thereafter, the "Financing Installment" shall be provided adjusted as reasonably determined by Tenant Beneficiary. In the event of any material change in the Blanket Insurance Premium Financing Arrangement, the foregoing provisions shall be modified as reasonably determined by Beneficiary in order to Landlord upon Tenant's receipt from its insurance companycarry out the intent and purposes thereof.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy Borrower will maintain, or cause the tenants of commercial general liability the Property to maintain, such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its reasonable discretion, Tenant and any other party designated by Landlord as an additional insured, from time to insure against injury to property, person or loss of life arising out time. Borrower acknowledges the reasonability of the ownershipcoverages and endorsements that Lender has required as a condition of making the Loan. Until Lender notifies Borrower of changes in Lender's requirements, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause POLICIES"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord subrogation and a replacement cost endorsement and will provide for Lender to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "INSURERS") must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked "Paid" not less than 15 days prior to the expiration date of the Policy being replaced or renewed. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender's prior approval which may be reasonably required by Landlordwithheld in Lender's sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which shall allocate to the Project, provided that Property the amount of insurance thereunder allocated to coverage required under this Section and otherwise shall provide the Project is not less than that required herein, same coverage and protection as would a separate policy insuring only the blanket policy otherwise complies as to endorsements and coverage with Property without the provisions possibility of this Article. Evidence any reduction of insurance benefits by reason of any claim made against such policy related to another property insured thereunder. (1) Borrower will give the Insurers prompt notice of any change in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration ownership or occupancy of the existing policyProperty. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyThis subsection does not abrogate the prohibitions on transfers set forth in this Mortgage.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated by Landlord as an additional insuredfrom time to time. Until Lender notifies Borrower of changes in Lender’s requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause “Policies”). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding ▇▇▇▇▇▇’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding ▇▇▇▇▇▇’s rights under this Article, ▇▇▇▇▇▇ will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy Borrower will pay the Insurance Premiums for each Policy no later than the expiration date of business interruption insurance with the Policy being replaced or renewed and will deliver to Lender an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage original or, if a blanket policy, a certified copy of not less each Policy marked “Paid” no later than twelve (12) months 30 days following the inception date of Rent and other business incomethe new Policy. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender’s prior approval which may be reasonably required by Landlordwithheld in ▇▇▇▇▇▇’s sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of insurance thereunder allocated to the Project is not less than that coverage required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with under this Section 9.1 shall be provided to Landlord fifteen and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (15i) days prior to Borrower will give the Commencement Date and, with respect to Insurers prompt notice of any renewal policy, thirty (30) days prior to the expiration change in ownership or occupancy of the existing policyProperty. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companyThis subsection does not abrogate the prohibitions on transfers set forth in this Mortgage.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower and Grantor will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements in form and substance and in amounts as Lender may require in its sole reasonable discretion, from time to time. Until Lender notifies Borrower or their equivalent) naming LandlordGrantor of changes in Lender's requirements, Tenant Borrower and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Grantor will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements reasonably satisfactory to Lender (the insuring agreement "Cause POLICIES"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "INSURERS") must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage Grantor and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will each comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Grantor, Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord Grantor and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve 30 days before the expiration date of the Policy being replaced or renewed and will deliver to Lender a certified copy of each Policy (12for the initial closing or any replacements of the original policy, with an ▇▇▇▇▇ 27 certificate for any renewals thereafter) months marked "Paid" not less than 10 days prior to the expiration date of Rent and other business incomethe Policy being replaced or renewed. (g) All Neither Grantor nor Borrower will carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses of like type, Grantor or required by Borrower. (h) If Grantor and/or Borrower carries any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy, it will deliver to Lender prior to the date hereof or for any replacement policy covering other Projects a certified duplicate copy of the blanket policy (and properties of Tenant certificates as well as described in paragraph (f), above, for renewals) which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Grantor will give the Insurers prompt notice of any change in ownership or use of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Grantor's right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated by Landlord as an additional insuredfrom time to time, to insure against injury to propertyprovided, person or loss of life arising out however, that the insurance required hereunder shall be of the ownershiptype and in the amounts that is no more onerous to Borrower than the types and amounts Lender requires for other properties that are similar in type and location as the Property. Until Lender notifies Borrower of changes in Lender's requirements, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements reasonably satisfactory to Lender (the insuring agreement "Cause POLICIES"). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days' prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the "INSURERS") must be provided that insures the benefits required by authorized to do business in the State law of California, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A- or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers so long as the credit rating requirements are no more stringent than those set forth herein. Notwithstanding Lender's right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such insurance or by Lender will not be responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender's rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 10 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender a certificate of insurance evidencing the new or renewed Policy not less than 5 days prior to the expiration date of the Policy being replaced or renewed, and will deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked "Paid" promptly upon receipt by Borrower. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender's prior approval which may be reasonably required withheld in Lender's sole discretion (except that, so long as the Property is owned by LandlordScience Park Center LLC, including but a California limited liability company, Lender's prior approval will not limited tobe unreasonably withheld). If Lender approves, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Deed of Trust. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower's right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.

Insurance Coverages. Tenant shall obtainagrees to at all times, at its it sole cost and expense, beginning on the Commencement Date provide, maintain and shall maintain through the Lease Term, keep in force the following policies of insurance coverages:naming Landlord and Tenant as their interests may appear and such other parties as Landlord and Tenant may designate as additional insured, in the customary form in the Town of Stamford, State of Connecticut, for premises and improvements of similar character, on premises and improvements. (a) A policy of commercial general Comprehensive public liability insurance (including Insurance Service Office (ISO) forms coverage for elevators and endorsements or their equivalent) naming Landlordescalators, Tenant and if any, on the Demised Premises and, if any other party designated by Landlord as an additional insuredconstruction of new improvements occurs after execution of this Agreement, to insure against injury to property, person or loss of life arising out completed operations coverage for one year after construction of the ownershipimprovements has been completed) on an occurrence basis against claims for personal injury including, usewithout limitation, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injurydeath or property damage occurring on, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than the full replacement cost of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazardsDemised Premises and the adjoining streets, Tenant shall promptly upon notice or demand from Landlordsidewalks and passageways, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have afford immediate minimum protection to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits 2,000,000 or such greater amount as may be obtained through a primary and an excess policy.required by Landlord from time to time; (fb) A policy Worker's compensation insurance including employer's liability insurance for all employees of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insuranceTenant, if any, customarily maintained by businesses engaged on or with respect to the Demised Premises; (c) During the course of like typeany demolition, construction, renovation or required by any Legal Requirement repair of the Building or other improvements on the Demised Premises, builder's completed value risk insurance against all risks of physical loss, including collapse and transit coverage, during construction of such improvements, with deductibles satisfactory to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited toin nonreporting form, boiler in an amount acceptable to Landlord. Such policy of insurance shall contain the "permission to occupy upon completion of work or occupancy endorsement and machinery coverage, innkeepers liability coverage, automobile a waiver of coinsurance endorsement; (d) Rent loss and garagekeepers liability coverage, service business interruption coverage, food spoilage coverage and coverage for employee dishonesty and if applicable, either as a separate policy or as part of the casualty policy referred to in subsection (a) above; and (e) All policies of insurance relating to property required by terms of this Agreement shall contain a standard non-contributory negligence endorsement providing an agreement by the insurer that any loss of money and securities. Tenant may comply shall be payable in accordance with the provisions terms of this Article by providing the foregoing insurance coverage under a blanket such policy covering other Projects and properties notwithstanding any act or negligence of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy which might otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance result in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy forfeiture of such insurance policies will be provided by Tenant to Landlord upon and the further agreement of the insurer waiving all rights of set off counterclaim or deductions against Tenant's receipt from its insurance company.

Insurance Coverages. (a) Landlord shall obtain beginning on the Commencement Date and shall maintain throughout the Lease Term, as an Operating Expense, the following insurance coverages: (i) A policy of commercial general liability insurance on the Common Areas, providing such coverages and in such amounts as Landlord shall from time to time determine to be consistent with comparable buildings in the Minneapolis/St. ▇▇▇▇ area. (ii) A policy providing commercial property insurance on the Project, providing such coverages and in such amounts as Landlord shall from time to time determine to be consistent with comparable buildings in the Minneapolis/St. ▇▇▇▇ area. (b) Tenant shall obtain, at its sole cost and Tenant’s expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (ai) A policy of commercial general liability insurance (including “Insurance Service Office Office” (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project Premises with limits of general liability not less than $10,000,000 3,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (bii) A policy providing commercial property insurance containing the insuring agreement "“Cause of Loss-Special Form" ” or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the ImprovementsImprovements comprising the Premises, Tenant's ’s leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insuredloss payee. Such policy shall provide coverage in an amount not less than the full replacement cost of the ProjectImprovements comprising the Premises. An "“Agreed Amount Clause" ” waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, as flood and earthquake coverage coverage, to the extent available, at limits equal to the maximum foreseeable loss at the location of the ProjectPremises. Coverage must also include an “Ordinances or Law Regulations” insuring agreement governing the construction, use or repair of property. Such coverage must include the expense of tearing down any Improvementsproperty, including the cost of removing its debris and increased debris. Increased cost of construction coveragecoverage must also be included. (ciii) A policy of workers' ’ compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's ’s Liability. The Employer's ’s liability limits must be at leastbe: Bodily Injury By Accident - $1,000,000 500,000 Each Accident Bodily Injury By Disease - $1,000,000 500,000 Policy Limit Bodily Injury By Disease - $1,000,000 500,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's ’s employees. (div) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project Premises creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's ’s demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. Landlord acknowledges that the Permitted Use does not create an unusual hazard. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. (fv) A policy of business interruption insurance with an "“Extra Expense" ” insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. Such policy must include an endorsement providing an extended period of indemnity for 180 days. (gvi) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, to boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, and service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. 15.1 Tenant shall obtainmust, at its ▇▇▇▇▇▇’s sole cost and expense, beginning on procure and maintain the Commencement Date and shall maintain through insurance described below in accordance with the Lease Term, the following insurance coveragesrequirement set forth below: a. The minimum insurance coverages are as follows: i. Property insurance (the “Tenant’s Property Insurance”) which covers: (a) A policy the Demised Premises for damages to the Demised Premises in the amount of commercial general liability insurance $__ million for comprehensive (including Insurance Service Office (ISOproperty) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. damages; (b) A policy providing commercial all of Tenant’s personal property insurance containing in, on, at, or about the insuring agreement "Cause of Loss-Special Form" or its equivalentDemised Premises, together with such endorsements as may be deemed advisable by Landlord to insure the Improvementsincluding, without limitation, Tenant's leasehold improvements, merchandise’s furniture, trade fixtures, furnishingsequipment, equipment and personal propertyinventory, and naming Landlord merchandise (collectively, “Tenant’s Personal Property”); and any other party designated by Landlord in connection with a securitization or financing of (c) all improvements must be written on the Project as broadest available “special form” policy form; must include an additional insured. Such policy shall provide coverage in an agreed- amount not endorsement for no less than one hundred percent (100%) of the full replacement cost of the ProjectTenant’s Personal Property (new, without deduction for depreciation), the Demised Premises and improvements to the Demised Premises; must by written in amounts of coverage that meet any coinsurance requirements of the policy or policies; must include vandalism and malicious mischief coverage and sprinkler coverage; and must name Landlord as an “insured as its interest may appear.” ii. An "Agreed Amount Clause" waiving Commercial general liability insurance (“Tenant’s Liability Insurance”) written on an “occurrence” policy form, covering Bodily Injury, Property Damage, and Personal Injury (all as defined in Section 16.2 below), arising out of or relating, directly or indirectly, to Tenant’s business operations, conduct, assumed liabilities, or use or occupancy of the coinsurance clause Demised Premises. Tenant’s Liability Insurance must be included, as well as, if commercially reasonable include the broadest available form of contractual liability coverage. It is the intent of Landlord and obtainable, flood and earthquake Tenant that ▇▇▇▇▇▇’s contractual liability coverage at limits equal will provide coverage to the maximum foreseeable loss at the location extent possible of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits required by the State law and includes coverage B Employer's LiabilityTenant’s indemnification obligations under this Lease. The Employer's liability minimum acceptable limits must be at least: Bodily Injury By Accident for Tenant’s Liability Insurance are $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees. (d) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured with limits of not less than $10,000,000 2,000,000 per occurrence. The limits may be obtained through a primary and an excess policy. Tenant must cause the Landlord Parties (fas defined in Section 16.2 below) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained named as “additional insureds” by Tenant, or as otherwise may be reasonably required by endorsement satisfactory in form and substance to Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days prior to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain or cause to be maintained such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlord, Tenant in form and any other party designated by Landlord substance as an additional insured, Lender may require in its reasonable discretion from time to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than $10,000,000 for death and/or bodily injury, personal injury, advertising injury and property damagetime. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under the definition of insured contract. (b) A policy providing commercial property insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may will be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall provide coverage in an amount not less than equal to 100% of the full replacement cost of the Project. An "Agreed Amount Clause" waiving Improvements and Personal Property (without deduction for depreciation) and will include fire and sprinkler leakage, extended coverage, vandalism, malicious mischief, boiler and machinery, terrorism coverage, windstorm, earthquake and flood insurance (if located in earthquake or flood zones), a minimum of 12 months of rent loss insurance, and such other kinds of insurance as may be required by Lender in its sole discretion provided that Lender provides prior written notice of such request to Borrower and such insurance is available at commercial reasonable rates, premiums prepaid, in amounts satisfactory to Lender, with a standard mortgagee endorsement in Lender’s favor for the coinsurance clause must be includedproperty insurance, as well asan additional insured endorsement in Lender’s favor for liability insurance and a waiver of subrogation endorsement, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvementswhere applicable. (b) The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the “Policies”). Each Policy will contain a standard waiver of subrogation and a replacement cost endorsement and will provide that Lender will receive not less than 30 days’ prior written notice of removing its debris any cancellation, termination or non-renewal of a Policy other than an increase in coverage and increased cost of construction coveragethat Lender will be named under a standard mortgagee endorsement on the property insurance as mortgagee and loss payee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures authorized to do business in the benefits required state or commonwealth where the Property is located, and must carry a rating of “A-” or better by A.M. Best with a Financial Size Category (FSC) of “X” or higher. In the State law exercise of its commercially reasonable discretion, Lender may select an alternative credit rating agency and includes coverage B Employer's Liabilitymay impose different credit rating standards for the Insurers. The Employer's liability limits must Notwithstanding Lender’s right to approve the Insurers and to establish credit rating standards for the Insurers, Lender will not be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance or by responsible for the solvency of any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesInsurer. (d) If Tenant commits Notwithstanding Lender’s rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy Borrower will pay the Insurance Premiums for each Policy and provide Lender with evidence of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord such payment promptly after receipt of the invoice and any other party designated by Landlord as an additional insured providing coverage will provide evidence of not less than twelve (12) months of Rent and other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlord, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as the Project, provided that the amount of insurance thereunder allocated to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord fifteen (15) days renewal prior to expiration the Commencement Date and, with respect Policy being replaced or renewed. In the event Borrower is unable to any renewal policy, thirty (30) deliver a certified copy 15 days prior to the expiration date, Borrower will provide evidence of the existing policyrenewed coverage by delivering to Lender an ▇▇▇▇▇ 27 (2004/04 or 1993/03) or ▇▇▇▇▇ 28 (2003/10) or the current industry equivalent until a certified copy is available and delivered to Lender. A copy of such Certified copies required hereunder may be certified by Borrower’s insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companybroker.

Insurance Coverages. 15.1 Landlord shall procure and maintain throughout the term of this lease a policy or policies of insurance, at its sole cost and expense (but subject to Article 6 above), causing the Industrial Complex to be insured under standard fire and extended coverage insurance (excluding hurricane and storm insurance unless readily obtainable at commercially reasonable rates) and liability insurance (plus whatever endorsements or special coverages Landlord, in its sole discretion, may consider appropriate), to the extent necessary to comply with Landlord's obligations pursuant to other provisions of this lease. 15.2 Tenant shall obtainprocure and maintain throughout the term of this lease, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coveragesinsurance: (a1) A policy of commercial general Comprehensive General Liability Insurance providing coverage for bodily injury (including death), property damage and products liability insurance (including Insurance Service Office (ISO) forms and endorsements or their equivalent) naming Landlord, Tenant and any other party designated by Landlord as an additional insured, where such exposure exists). This policy shall contain a broad form contractual liability endorsement under which the insurer agrees to insure against injury to property, person or loss Tenant's obligations under Article 21 hereof. Such insurance shall have a combined single limit of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability not less than Three Million Dollars ($10,000,000 for death and/or bodily injury3,000,000) per occurrence, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability or such greater amount as provided in an ISO liability policy under the definition of insured contract.Landlord may from time to time require; (b2) A policy providing commercial property Fire and extended coverage insurance containing the insuring agreement "Cause of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, covering Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment and personal property, fixtures, improvements, wall coverings, floor coverings, window coverings, alterations, furniture, equipment, lighting, ceilings, heating, ventilation and naming Landlord air conditioning equipment, interior plumbing and any plate glass against loss or damage by fire, flood, windstorms, hail, earthquakes, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism and malicious mischief and such other party designated by Landlord risks as are from time to time covered under "extended coverage" endorsements and special extended coverage endorsements commonly known as "all risks" endorsements, containing the waiver of subrogation required in connection with a securitization or financing Section 16.3 of the Project as an additional insured. Such policy shall provide coverage this lease and in an amount not less than equal to the greater of the full replacement cost of value or the Project. An "Agreed Amount Clause" waiving the coinsurance clause must be included, as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coverage. (c) A policy of workers' compensation insurance must be provided that insures the benefits amount required by the State law and includes coverage B Employer's Liability. The Employer's liability limits must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does not, by requiring such insurance holder of any mortgage from time to time placed upon the Industrial Complex or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employees.a portion of the Industrial Complex containing the Demised Premises; (d3) If Tenant commits or permits any activity or the placing or operation of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. LandlordState Worker's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operation. (e) In the event Tenant is Compensation Insurance in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage statutorily mandated limits and liquor liability insurance naming Landlord and any other party designated by Landlord in connection with the securitization or financing of the Project as an additional insured Employers Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($10,000,000 per occurrence. The limits 500,000), or such greater amount as Landlord may be obtained through a primary and an excess policy.from time to time require; and (f4) A policy Such other insurance as Landlord may reasonably require from time to time. It is expressly understood and agreed that the foregoing minimum limits of business interruption insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any mortgagee or any managing agent for the Industrial Complex and such other parties as Landlord shall from time to time designated as an "Extra Expense" insuring agreement naming additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other party designated by Landlord as an additional insured providing coverage of not less than twelve (12) months of Rent parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:VII or better by Best's Insurance Guide and licensed to do business in the State where the Industrial Complex is located. All such policies shall be written as primary policies. Any other business income. (g) All other insurance, if any, customarily maintained by businesses of like type, or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise may be reasonably required by Landlordpolicies, including but not limited toLandlord's policy, boiler and machinery will serve as excess coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss of money and securities. Tenant may comply with the provisions shall deliver duplicate original copies of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects all such policies and properties of Tenant as well as the Projectall endorsements thereto, provided that the amount of insurance thereunder allocated prior to the Project is not less than that required hereinCommencement Date, and or, in the blanket policy otherwise complies as to endorsements and coverage with the provisions case of this Article. Evidence of insurance in compliance with this Section 9.1 shall be provided to Landlord renewals thereto, fifteen (15) days prior to the Commencement Date and, with respect to any renewal expiration of the prior insurance policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days days' prior written notice from the Insurer to Landlord. If Tenant should fall to comply with the expiration of the existing policy. A copy of foregoing requirement relating to Insurance, Landlord may obtain such insurance policies will be provided by Insurance and Tenant shall pay to Landlord upon on demand as additional rental hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed 1-1/2% per month) from the date of payment by Landlord until repaid by Tenant's receipt from its insurance company.

Insurance Coverages. Tenant shall obtain, at its sole cost and expense, beginning on the Commencement Date and shall maintain through the Lease Term, the following insurance coverages: (a) A policy of commercial general liability Borrower will maintain such insurance (including Insurance Service Office (ISO) forms coverages and endorsements or their equivalent) naming Landlordin form and substance and in amounts as Lender may require in its sole discretion, Tenant and any other party designated by Landlord as an additional insuredfrom time to time. Until Lender notifies Borrower of changes in Lender’s requirements, to insure against injury to property, person or loss of life arising out of the ownership, use, occupancy or maintenance of the Project with limits of general liability Borrower will maintain not less than $10,000,000 the insurance coverages and endorsements Lender required for death and/or bodily injury, personal injury, advertising injury and property damage. The policy shall contain supplemental endorsements covering contractual liability as provided in an ISO liability policy under closing of the definition of insured contractLoan. (b) A policy providing commercial property insurance containing The insurance, including renewals, required under this Section will be issued on valid and enforceable policies and endorsements satisfactory to Lender (the insuring agreement "Cause “Policies”). Each Policy will contain a standard waiver of Loss-Special Form" or its equivalent, together with such endorsements as may be deemed advisable by Landlord to insure the Improvements, Tenant's leasehold improvements, merchandise, trade fixtures, furnishings, equipment subrogation and personal property, a replacement cost endorsement and naming Landlord and any other party designated by Landlord in connection with a securitization or financing of the Project as an additional insured. Such policy shall will provide coverage in an amount that Lender will receive not less than the full replacement cost 30 days’ prior written notice of the Project. An "Agreed Amount Clause" waiving the coinsurance clause must any cancellation, termination or non-renewal of a Policy or any material change other than an increase in coverage and that Lender will be included, named under a standard mortgage endorsement as well as, if commercially reasonable and obtainable, flood and earthquake coverage at limits equal to the maximum foreseeable loss at the location of the Project. Such coverage must include the expense of tearing down any Improvements, including the cost of removing its debris and increased cost of construction coveragepayee. (c) A policy of workers' compensation The insurance companies issuing the Policies (the “Insurers”) must be provided that insures the benefits required by authorized to do business in the State law or Commonwealth where the Property is located, must have been in business for at least 5 years, must carry an A.M. Best Company, Inc. policy holder rating of A or better and includes coverage B Employer's Liability. The Employer's liability limits an A.M. Best Company, Inc. financial category rating of Class X or better and must be at least: Bodily Injury By Accident $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Employee Landlord does nototherwise satisfactory to Lender. Lender may select an alternative credit rating agency and may impose different credit rating standards for the Insurers. Notwithstanding Lender’s right to approve the Insurers and to establish credit rating standards for the Insurers, by requiring such Lender will not be responsible for the solvency of any Insurer. Lender hereby approves the insurance or by any other act or event, assume or undertake liability for any work-related injuries or death to Tenant or Tenant's employeesthat Borrower is maintaining on the date of this Mortgage. (d) If Tenant commits Notwithstanding Lender’s rights under this Article, Lender will not be liable for any loss, damage or permits any activity injury resulting from the inadequacy or the placing or operation lack of any equipment on or about the Project creating unusual hazards, Tenant shall promptly upon notice or demand from Landlord, procure and maintain in force, during such activity or operation, insurance sufficient to cover the risks created thereby. Landlord's demand for unusual hazard insurance shall not constitute a waiver of any right Landlord may have to demand the removal or cessation of such activity or operationcoverage. (e) In the event Tenant is in the business of manufacturing, distributing, selling, servicing or furnishing alcoholic beverages, a policy of alcoholic beverage and liquor liability insurance naming Landlord and any other party designated by Landlord in connection Borrower will comply with the securitization or financing provisions of the Project as an additional insured Policies and with limits of not less than $10,000,000 per occurrence. The limits may be obtained through a primary the requirements, notices and an excess policydemands imposed by the Insurers and applicable to Borrower or the Property. (f) A policy of business interruption insurance with an "Extra Expense" insuring agreement naming Landlord and any other party designated by Landlord as an additional insured providing coverage of Borrower will pay the Insurance Premiums for each Policy not less than twelve (12) months 30 days before the expiration date of Rent the Policy being replaced or renewed and other business incomewill deliver to Lender an original or, if a blanket policy, a certified copy of each Policy marked “Paid” not less than 15 days prior to the expiration date of the Policy being replaced or renewed. (g) All Borrower will not carry separate insurance concurrent in kind or form or contributing in the event of loss with any other insurance, if any, customarily maintained insurance carried by businesses Borrower. (h) Borrower will not carry any of like type, the insurance required under this Section on a blanket or required by any Legal Requirement to be carried or maintained by Tenant, or as otherwise umbrella policy without in each instance Lender’s prior approval which may be reasonably required by Landlordwithheld in Lender’s sole discretion. If Lender approves, including but not limited to, boiler and machinery coverage, innkeepers liability coverage, automobile and garagekeepers liability coverage, service interruption coverage, food spoilage coverage and coverage for employee dishonesty and loss Borrower will deliver to Lender a certified copy of money and securities. Tenant may comply with the provisions of this Article by providing the foregoing insurance coverage under a blanket policy covering other Projects and properties of Tenant as well as which will allocate to the Project, provided that Property the amount of insurance thereunder allocated coverage required under this Section and otherwise will provide the same coverage and protection as would a separate policy insuring only the Property. (i) Borrower will give the Insurers prompt notice of any change in ownership or occupancy of the Property. This subsection does not abrogate the prohibitions on transfers set forth in this Mortgage. (j) If the Property is sold at a foreclosure sale or otherwise is transferred so as to extinguish the Obligations, all of Borrower’s right, title and interest in and to the Project is not less than that required herein, and the blanket policy otherwise complies as to endorsements and coverage with the provisions of this Article. Evidence of insurance Policies then in compliance with this Section 9.1 shall force will be provided to Landlord fifteen (15) days prior transferred automatically to the Commencement Date and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy. A copy of such insurance policies will be provided by Tenant to Landlord upon Tenant's receipt from its insurance companypurchaser or transferee.