Common use of Insurance Indemnity Clause in Contracts

Insurance Indemnity. Tenant shall at all times during the Term with respect to each Facility carry and maintain with respect to the Demised Premises of such Facility and the Personal Property and operations thereon: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employees.

Insurance Indemnity. Tenant shall 6.1 Prior to entry upon the premises by ▇▇▇▇▇▇▇▇▇, the Developer agrees to procure and at all times during maintain ▇▇▇▇▇▇▇'▇ compensation, casualty and extended coverage insurance on the Term with respect to each Facility carry Property upon terms, in amounts and maintain with respect from such carriers as are reasonably satisfactory to the Demised Premises City. 6.2 The Developer agrees to provide the Certificates of such Facility and Insurance coverage before the Personal Property and operations thereon: (a) Business interruption insurancecommencement of the Work, naming Tenant, Landlord and Landlord’s designated mortgagee the City as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises additional insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If with no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide cancellation without thirty (30) days prior written notice from the company. The Developer further agrees to hold the City harmless for any damages until title to the property is conveyed to the Developer. An insurer authorized and licensed to do business in the State of cancellation to all parties named therein as insuredConnecticut must issue any Certificate of Insurance. All Certificates of Insurance, evidencing the required coverage, shall be filed with the Director of Planning & Neighborhood Services, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. (e) Any provision in this Lease 6.3 To the fullest extent permitted by law, the Developer agrees to defend, pay on behalf of, indemnify and hold harmless the contrary notwithstandingCity of Norwich, each partyits elected and appointed officials, to the extent it is permitted to do so by the terms employees, and provisions of any volunteers and others working on behalf of the above policiesCity of Norwich, hereby waives against any and all rights to recover liability, claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the otherCity of Norwich, its agentselected and appointed officials employees and volunteers and others working on behalf of the City of Norwich, by reason of personal injury, including bodily injury or employeesdeath and/or property damage, any including loss or damage from risks ordinarily insured against under such policiesuse thereof, but only and further with respect to any claims of materialmen or subcontractors, all relating in any way to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request exercise of the otherDeveloper's rights or the discharge of the Developer's duties hereunder, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other partyconduct of the Work. 6.4 The Developer shall procure and maintain during the life of the Agreement, Commercial General Liability Insurance on an Occurrence Basis with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit of $3,000,000, or such lesser amounts as the City may agree to in writing, for bodily injury and property damage. 6.5 The Developer shall be fully responsible for securing the Building and the Property at all times prior to Closing; subject to the terms hereof and provided that all contingencies have been fulfilled in this Agreement. The City shall not be responsible for insuring any real or personal property in connection with this Agreement, including the existing structure or materials stored on site to be made part of the structure, nor for insuring against injuries to persons. Likewise, the City of Norwich shall not assume any direct or consequential financial loss to the Developer for damage to any real or personal property in connection with this Agreement. The Developer may, at his own cost, secure a Renovation Builder’s Risk Policy to protect his own interest in the Property prior to the completion of the project. 6.6 The undertakings and indemnities contained in this Article VI shall survive the Closing or termination of this Agreement. The Developer shall pay for any and all costs and legal fees incurred by the City to enforce any provision of this Agreement against the Developer or incurred as a result of the Developer's breach of its agents or employeesobligations hereunder.

Insurance Indemnity. Tenant shall Licensee shall, at all times during the Term with respect to each Facility carry its sole cost and expense, procure and maintain throughout the Term: 13.1 Comprehensive public liability insurance and automobile liability insurance with respect to the Demised Premises of such Facility and the Personal Property Licensee's activities therein and operations thereonthereabout, insuring against liability for personal injury or death, property damage or other loss in amounts no less than: (a) Business interruption insurance, naming Tenant, Landlord $1,000,000.00 in underlying coverage with respect to personal injury or death to any one person and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee.$5,000,000.00 in excess coverage; (b) Fire $2,000,000.00 in underlying coverage with respect to personal injury or death arising out of any one (1) occurrence and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured not less than $5,000,000.00 in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord.excess coverage; (c) Broad Form Comprehensive General Liability Insurance $1,000,000.00 in an amount underlying coverage with respect to property damage or other loss arising out of any one (1) occurrence and not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage5,000,000.00 in excess coverage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage).and (d) Worker's Compensation Insurance in at least the statutorily required amounts. 13.2 The above insurance shall be with a carrier licensed to transact business in the state in which the Premises are located. Licensor and Licensor's mortgagees, if any, shall be named as additional insured under Licensee's insurance, and such insurance shall be primary and non-contributing with any insurance carried by Licensor. If on account of the failure of Licensee to comply with the above, Licensor is adjudged to be a coinsurer by its insurance carrier, then any loss or damages Licensor may sustain by reason thereof shall be borne by Licensee and shall be immediately paid by Licensee upon receipt of a bill ▇▇▇reof. Licensee's insurance policies herein mentioned shall provide contain endorsements requiring thirty (30) days' notice to Licensor and Licensor's mortgagees, if any, prior to any cancellation or any reduction in amount of coverage. Licensee shall deliver to Licensor as a condition precedent to its taking occupancy of the Premises (but not to its obligations to pay License Fee) a certificate or certificates evidencing such insurance acceptable to Licensor, and Licensee shall at least thirty (30) days notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease prior to the contrary notwithstandingexpiration of such policies, each partydeliver to Licensor certificates of insurance evidencing the renewal of such policies. Within fifteen (15) days of occupancy, to the extent it is permitted to do so by the terms and provisions Licensee shall provide copies of any all of the above policies, hereby waives any and all rights policies to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employeesLicensor.

Insurance Indemnity. Tenant (a) Borrower shall, at its own expense, maintain and keep in force insurance of the types and in amounts customarily carried by educational institutions similar to Borrower, including but not limited to: (i) fire and property damage, insurance with extended coverage for the Facility, in an amount at least equal to the lesser of insurable value and outstanding amount of the Loan, (ii) public liability, in an amount at least equal to $ per occurrence and $ annual aggregate, (iii) flood, if the Property is located in a flood zone, and (iv) workers’ compensation; with all such insurance carried with companies, in amounts and with deductible amounts reasonably satisfactory to Lender, and shall deliver to Lender from time to time at Lender’s request schedules setting forth all times during insurance then in effect. Alternatively, upon the Term with respect written approval of Lender, Borrower may insure the Facility under a blanket insurance policy or policies which cover not only the Facility, but also other properties of Borrower or, upon prior written approval of Lender, may provide self-insurance acceptable to each Facility carry and Lender. Borrower shall be required to obtain, maintain or keep in force earthquake insurance with respect to the Demised Premises of such Facility and the Personal Property and operations thereon: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, only if required by Landlord’s mortgageea regulatory agency with jurisdiction over the Lender. All of the insurance policies required hereunder shall be issued by corporate insurers licensed to do business in the State and rated A or better by A.M. Best Company, and shall be in form reasonably acceptable to Lender. (b) Fire Except for workers’ compensation, all certificates of insurance and hazard “blanket” insurance policies shall reference the specific project being covered by name and address and, at the request of Lender, shall name Lender as loss payee or additional insured, as appropriate. The insurance shall be evidenced by the original policy or a true and certified copy of the original policy, or in the case of liability insurance, naming Tenantby certificates of insurance. The insurance policies (or true and certified copies thereof) or certificates of all insurance required to be maintained hereunder shall be delivered to Lender contemporaneously with Borrower’s execution of this Master Loan Agreement. Borrower shall use its best efforts to deliver originals or copies of all policies and renewals (or certificates evidencing the same), Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on marked “paid” (or evidence satisfactory to Lender of the Premises insured continuing coverage) to Lender at least days before the expiration of existing policies and, in any event, Borrower shall deliver originals of such policies or certificates to Lender at least days before the expiration of existing policies. If Lender has not received satisfactory evidence of such renewal or substitute insurance in the amount time frame herein specified, Lender shall have the right, but not the obligation, to purchase such insurance for Lender’s interest only. Nothing contained in this Section shall require Lender to incur any expense or take any action hereunder, and inaction by Lender shall never be considered a waiver of the full replacement cost any right accruing to Lender on account of the Premises this Section. If any loss shall occur at any time while an Event of Default shall have occurred and the Personal Property and deductibles not to exceed $10,000be continuing, provided that the hazards that are covered Lender shall be reasonably acceptable entitled to Landlord the benefit of all insurance policies held or maintained by Borrower, to the same extent as if same had been made payable to Lender and Tenant based on availability upon foreclosure hereunder, Lender shall become the owner thereof. Lender shall have the right, but not the obligation to make premium payments, at Borrower’s expense, to prevent any cancellation, endorsement, alteration or reissuance of any policy of insurance maintained by Borrower, and cost. The proceeds such payments shall be utilized accepted by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong insurer to the Landlordprevent same. (c) Broad Form Comprehensive General Liability Insurance in an amount Borrower shall give to Lender immediate notice of not less than $5,000,000 (any material loss occurring on or with respect to the Facility. All insurance proceeds for damage to the Facility shall be payable to Lender and Authority as hereinafter provided. Borrower shall furnish to Lender, upon request, certificates of insurance evidencing such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall coverage while the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage)Loan is outstanding. (d) If requested by Lender, any insurance policy carried or maintained pursuant to this Section (other than workers’ compensation insurance) shall be so written or endorsed as to make losses payable to Lender and Authority or Borrower, as their respective interests may appear and naming Lender as additional insured for liability. The Net Proceeds of the insurance policies herein mentioned required in this Section shall provide thirty be applied as provided in Article IX hereof. Each property or liability insurance policy provided for in this Section shall contain a provision to the effect that the insurance company providing such policy shall not either cancel the policy or modify the policy materially and adversely to the interest of Lender without first giving written notice thereof to Lender at least (30i) days notice in advance of such cancellation or modification for any reason other than nonpayment of premium and (ii) days in advance of such cancellation or modification due to all parties named therein as insurednonpayment of premium (provided that the foregoing shall not release the Borrower of its obligations to comply with the insurance requirements set forth herein). (e) Any provision in this Lease to the contrary notwithstandingAs among Lender, each partyAuthority and Borrower, to the extent it is permitted to do so Borrower assumes all risks and liabilities from any cause whatsoever, whether or not covered by the terms and provisions of any of the above policiesinsurance, hereby waives any and all rights to recover from the other, its agents, or employees, any for loss or damage from risks ordinarily insured against under to the Facility, and for injury to or death of any person or damage to any property, whether such policiesinjury or death be with respect to agents or employees of Borrower or of third parties, but only and whether such property damage be to Borrower’s property or the property of others, except to the extent that such loss any of the foregoing are caused by the gross negligence or damage is in fact willful misconduct of Lender. Whether or not covered by such insurance and is collectible by such insured party. Each party further covenants insurance, Borrower hereby assumes responsibility for and agrees to reimburse Lender and Authority for and will indemnify, defend and hold Lender and Authority and any of their assignees, agents, employees, officers and directors harmless from and against all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lender or Authority or their assignees, agents, employees, officers and directors that it willin any way relate to or arise out of this Master Loan Agreement, upon request any Draw Request or the Loan, the transactions contemplated hereby and thereby and the Facility, including but not limited to, (i) the ownership of the otherFacility, request each such insurance company to attach to such policy (ii) the delivery, lease, possession, maintenance, use condition, non-use, return or policies issued by it a waiver operation (or lack of subrogation with respect to operation) of components of the other party, its agents or employees.Facility,

Insurance Indemnity. 9.1 Tenant shall at all times agrees to provide prior to commencing any Tenant work in or upon the Premises and to keep in force during the Term Term, comprehensive, general and motor vehicle liability insurance including, without limitation, bodily injury, personal and property damage relating to the Premises on an occurrence basis in the minimum amount of $1,000,000.00, and adequate fire, extended coverage and all risk insurance on Tenant's personal property. Tenant agrees to deliver to Landlord before Tenant takes possession of the Premises or undertakes any Tenant Work in or upon the Premises and thereafter at least fifteen (15) days prior to the expiration of such policies, either duplicate originals or certified true copies of all insurance policies procured by Tenant in compliance with its obliga-tions hereunder. All of the aforesaid insurance shall be written by one or more responsible insurance companies authorized to do business in the State of Florida (such insurance may be carried under a blanket policy covering the Premises and any other of Tenant's offices) and shall name Landlord and Tenant as insureds, as their interests may appear, and shall contain endorsements that: (a) such insurance may not be canceled or amended with respect to each Facility carry Landlord (or its designees), except upon fifteen (15) days' notice to Landlord (and maintain with respect to such designees) by the Demised Premises of such Facility insurance company; and the Personal Property and operations thereon: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire expressly waives any right to subrogation by Tenant and hazard insurance, naming Tenant, 's insurance company against Landlord. 9.2 Tenant shall indemnify and save harmless Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured from any claims in the amount connection with any injury or damage caused to any person or property arising out of the full replacement cost Tenant's use or occupancy of the Premises and unless caused in part by the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered negligence of Landlord or its agents. The provisions of this section shall be reasonably acceptable to Landlord applicable until the Lease terminates and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for has vacated the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the LandlordPremises. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employees.

Insurance Indemnity. Tenant TENANT shall not do anything in or about the Premises, which will in any way impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the Building. (A) During the entire term of this Lease or any extension thereof, TENANT shall keep in full force and effect, at all times during the Term with respect to each Facility carry and maintain its expense, a policy or policies of public liability insurance issued by an insurer or insurers approved by LANDLORD, with respect to the Demised Premises of such Facility and the Personal Property business of TENANT and operations thereon: (a) Business interruption insuranceany subtenant, naming Tenantlicensees or concessions on terms approved in writing by LANDLORD, Landlord in which both TENANT and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to LANDLORD shall be paid hereunder for a period covered under reasonable limits of liability of not less than six FIVE HUNDRED THOUSAND and 00/100 (6$500,000.00) months DOLLARS for injury or twelve death to any one (121) monthsperson and ONE MILLION and 00/100 ($1,000,000.00) DOLLARS for injury or death to more than one (1) person, if required by Landlord’s mortgageeand ONE HUNDRED THOUSAND and 00/100 ($100,000.00) DOLLARS with respect to property damage. (bB) Fire TENANT shall furnish LANDLORD with certificates of coverage issued by the insurance carriers providing coverage to LANDLORD as hereinabove provided and hazard insurancesuch insurance policies and certificates issued to LANDLORD by the insurers as evidence of such coverage shall be endorsed substantially as follows: "It is understood and agreed that the insurer will give to the LANDLORD, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on thirty (30) days prior written notice of any material change in or cancellation of this policy." Renewal policies or certificates evidencing such insurance shall be furnished at least ten (10) days prior to the Premises insured in the amount expiration of the full replacement cost respective insurance policies. Tenant shall provide to Landlord, annually, a renewed and valid Certificate of Insurance showing at least the above-mentioned limits of coverage, and naming Landlord as an additional insured. (C) TENANT agrees that the use by itself, its agent, contractors, employees, invitees and servants of the Premises and the Personal Property Building and deductibles not to exceed $10,000the facilities therein is at its own risk and hereby releases LANDLORD and its agents, provided that servants, contractors and employees from all claims and demands of every kind resulting from any accident, damage or injury occurring therein except if such claim should arise from the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the LandlordLANDLORD'S negligence or willful misconduct. (cD) Broad Form Comprehensive General Liability Insurance in an amount TENANT agrees to indemnify and save harmless the LANDLORD from and against any and all claims and demands of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury third persons (including death resulting therefrombut not limited to, those for death, for personal injuries, or for loss of or damage to property) arising, directly or indirectly, out of or in connection with the business conducted in the Premises or (without limiting the foregoing) as a result of any acts, omissions or negligence of TENANT, or any concessionaire, or their respective contractors, licensees, invitees, agents, servants or employees in or about the Premises, and third-party property damage; such insurance shall include premises from and against all costs, expenses and liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death but not restricted to, reasonable counsel fees and disbursements) occurring in or in connection with any such claim or proceeding brought thereon, excluding claims resulting therefrom and third-party property damage)from LANDLORD'S negligence or willful misconduct. (dE) The insurance policies herein mentioned LANDLORD shall provide thirty (30) days notice of cancellation not be responsible or liable to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, TENANT for any loss or damage from risks ordinarily insured against under such policies, but only that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the extent that such Premises or any part of the Building or of any persons transacting any business in the Building or present in the Building for any other purpose or for any loss or damage is resulting to TENANT or its property from any burst, stopped or leaking water, gas, sewer, sprinkler, steam or other pipes or plumbing fixtures or from any failure of or defect in fact covered any electric line, circuit or facility, unless caused by or resulting from Landlord's negligence or willful misconduct. (F) LANDLORD shall secure fire insurance and Standard Extended Coverage in an acceptable amount so as to provide "full insurable value" on the entire Building. The aggregate premium cost of such insurance coverage shall be pro rated to TENANT as its proportionate share of Common Costs, and is collectible any increase in premium over the base year of 1998, shall be payable monthly by such insured partyTenant as Additional Rent, all as set forth in Article III. (G) LANDLORD shall secure general liability insurance affecting the common areas against claims for bodily injuries, death or property damage pertaining to said common areas in the amounts of at least $1,000,000.00/$3,000,000.00 and $500,000.00 for property damage. Each party further covenants and agrees that it will, upon request The aggregate premium cost of the other, request each such insurance company coverage shall be pro rated to attach to such policy or policies issued TENANT as its proportionate share of common costs and shall be payable by it a waiver of subrogation with respect to the other party, its agents or employeesTENANT as Additional Rent all as set forth in Article III.

Insurance Indemnity. Tenant shall 12.1. Tenant, at all times during its sole cost and expense, shall, throughout the Term with respect to each Facility carry Term, procure and maintain with respect to the Demised Premises of such Facility and the Personal Property and operations thereonmaintain: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient Commercial general liability insurance with respect to pay the rent Premises and Tenant’s activities therein and thereabout, insuring against liability for personal injury or death, property damage or other obligations specifically agreed to be paid hereunder for loss, including liability arising out of Tenant’s indemnity set forth in this Lease (contractual liability endorsement) with self-insured deductibles and a period combined single limit of not less than six three million and 00/100 (6$3,000,000.00) months or twelve (12) months, if required by Landlord’s mortgagee.Dollars per occurrence for bodily injury and property damage; (b) Fire and hazard insurance, naming Tenant, Landlord and LandlordWorker’s designated mortgagee as insureds on all buildings and improvements on Compensation Insurance in at least the Premises insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is statutorily required hereunder. If no restoration is required, the proceeds shall belong to the Landlord.amounts; (c) Broad Causes of Loss–Special Form Comprehensive General Liability Insurance Extended Coverage, vandalism and malicious mischief, all risks and flood insurance in an amount adequate to cover the replacement costs of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) all personal property, decorations, trade fixtures, furnishings, equipment, and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering all contents of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage).Premises; (d) The Rental interruption or business interruption insurance in the amount no less than one (1) year of Rents herein; (e) Such other forms of insurance as may be reasonably required by any lender or mortgagee of Landlord; and (f) Such other forms of insurance as may be reasonably required to cover future risks against which a reasonably prudent Landlord or Tenant would protect itself. 12.2. Tenant’s insurance shall be with companies with at least a Best’s A rating that are authorized to transact business in the State of Florida. Landlord shall be named as an additional insured under Tenant’s insurance, and such insurance shall be primary and non-contributing with any insurance carried by Landlord. If, on account of the failure of Tenant to comply with the above, Landlord is adjudged to be a coinsurer by its insurance carrier, then any loss or damage Landlord may sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant upon receipt of a ▇▇▇▇ thereof. Tenant shall provide endorsements of the insurance policies herein mentioned shall from Tenant’s insurance agent on which Tenant’s insurance agent or the terms of such policy provide Landlord thirty (30) days notice to Landlord prior to any cancellation of cancellation the coverages required hereunder. Tenant shall deliver to all parties named therein Landlord as insureda condition precedent to its taking occupancy of the Premises, (but not to its obligation to pay Rent), endorsements of the insurance policies evidencing such insurance acceptable to Landlord, and Tenant shall within thirty (30) days of the expiration of such policies, deliver to Landlord endorsements of the insurance policies evidencing the renewal of such policies. 12.3. Each policy evidencing insurance required to be carried by Tenant pursuant to this Section 12 shall contain the following clauses and provisions (ewhich may be provided through blanket endorsements) Any (i) a provision in this Lease that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to the contrary notwithstanding, each party, to the extent it is permitted to do so any policies carried by Landlord and that any coverage carried by Landlord be excess insurance; (ii) a provision including Landlord and any mortgagee of Landlord as an additional insured; (iii) a waiver by the terms and provisions insurer of any of the above policies, hereby waives any and all rights right to recover from the othersubrogation against Landlord, its agents, employees and representatives which arises or employeesmight arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives; and (iv) a severability of interest clause or endorsement. 12.4. In the event that Tenant fails to procure or to maintain, at the times and for the duration specified in this Section 12, any loss insurance required by this Section 12, or damage fails to carry insurance required by law or governmental regulation, Landlord may (but shall not be required to) at any time or from risks ordinarily insured against under such policiestime to time, but only and without notice to the extent that such loss or damage is in fact covered by Tenant, procure such insurance and is collectible pay the premiums therefore, and the cost of same, plus a fifteen (15%) percent administrative fee shall be deemed Additional Rent and shall be payable upon the Landlord’s demand. 12.5. Tenant will not do or suffer to be done, or keep or suffer to be kept, anything in, upon or about the Premises which will violate Landlord’s policies of hazard or liability insurance or which will prevent Landlord from procuring such policies with companies acceptable to Landlord. If anything done, omitted to be done or suffered by Tenant to be kept in, upon or about the Premises shall cause the rate of fire or other insurance on the Premises or on other property of Landlord or of others within the building located within the Land to be increased beyond the minimum rate from time to time applicable to the Premises or to any property for the use or uses made thereof, Tenant will pay, as Additional Rent, the amount of any such insured partyincrease upon Landlord’s demand. 12.6. Each party further covenants and Tenant, as a material part of the consideration to be rendered to Landlord, hereby agrees that it willwill indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and or damage to property arising from or out of any occurrence in, upon request or at the Premises, or the occupancy or use by Tenant of the otherPremises or any part thereof, request each such insurance company occasioned wholly or in part by any act or omission of Tenant, its agents, employees, licensees, invitees, third persons in or about the Premises except any damage or loss attributable to attach Landlord’s negligence, act or omission, arising at any time. In addition, Tenant, as a material part of the consideration to such policy be rendered to Landlord, hereby waives all claims against Landlord for personal injury or policies issued by it a waiver of subrogation with respect death, property damage or other loss to Tenant, its agents, employees, licensees, invitees or third persons in or about the Premises from any cause, except any damage or loss attributed to Landlord’s negligence or omission, arising at any time. Notwithstanding anything to the other partycontrary in this Section, its agents or employeesthe amounts of insurance required of Tenant shall not be construed in any manner whatsoever so as to limit Tenant’s liability hereunder and Tenant’s indemnification and holding harmless of Landlord shall survive the termination of this Lease.

Insurance Indemnity. Tenant shall at At all times during the Term with respect term of this Sublease, Sublessee shall, at its sole cost and expense, keep all of Sublessee's inventory of product, merchandise and contents and all of Sublessee's furniture, equipment and fixtures insured against loss or damage by fire and the hazards covered by broad-form extended coverage clauses as well as coverage against loss of the merchandise on the Subleased Premises due to each Facility carry and maintain with respect theft or embezzlement in an amount at least equal to the Demised replacement value thereof. The Sublessor shall have no interest in that portion of the insurance proceeds attributable to coverage for the merchandise, contents or furniture owned by the Sublessee. Sublessee shall provide, at its sole expense, a fire and extended coverage insurance policy on the building and improvements of the Subleased Premises for the full replacement value of all damaged property naming Sublessee as the insured party. All insurance proceeds received under or by virtue of such Facility policy shall be the property of Sublessor and Sublessee shall have no interest therein. At all times during the term of this Sublease, Sublessee shall provide, at Sublessee's cost and expense, policies of commercial general liability insurance insuring the Sublessor and the Personal Property Sublessee against claims for injury and wrongful death occurring upon the Subleased Premises, issued by an insurance company acceptable to Sublessor, with minimum limits of Three Million Dollars ($3,000,000.00) per occurrence (including contractual and completed operations thereon: liability), and property damage insurance of a minimum of Five Hundred Thousand Dollars (a$500,000.00) Business interruption insurance, naming Tenant, Landlord showing the Sublessor as additional insured. Sublessee will deposit copies of such liability insurance policies with the Sublessor or furnish the Sublessor with certificates of liability insurance prior to the occupancy of the Subleased Premises. Sublessee shall deliver to Sublessor certificates evidencing such insurance and Landlord’s designated mortgagee as insureds sufficient each such policy shall contain a provision providing that such policy may not be cancelled prior to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of expiration date thereof except upon not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days days' prior written notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstandingSublessor. If at any time Sublessee shall fail to carry such insurance, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by Sublessor may obtain such insurance and is collectible Sublessee shall promptly reimburse Sublessor for the cost thereof. Sublessee shall indemnify and save Sublessor harmless from and against all liabilities, obligations, losses, damages and claims, actions, suits and proceedings, charges and expenses, including reasonable attorneys' fees, which may be imposed upon or incurred by such insured party. Each party further covenants and agrees that it will, upon request or asserted against the Sublessor in respect of any use or condition of the otherSubleased Premises or attributed to Sublessee's use, request each the sale of Sublessee's products or manner of the use of the Subleased Premises, or Sublessee's operations. At all times, Sublessee shall maintain in full force and effect full coverage worker's compensation insurance in accordance with the laws of the state where the Subleased Premises are located with a carrier acceptable to Sublessor and providing such insurance company coverage to attach to such policy or policies issued by it a waiver Sublessee and all of subrogation with respect to the other partyits employees, its agents or employeesagents, servants and contractors.

Insurance Indemnity. Tenant hereby agrees to indemnify, defend and hold harmless Landlord, its successors, assigns, subsidiaries, directors, officers, agents and employees from and against any and all damage, loss, liability or expense including, but not limited to, attorney's fees and legal costs suffered by same directly or by reason of any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or in any way attributable to the use or occupancy of the Premises by the Tenant, the acts or omission of the Tenant, its agents, employees or any other contractors or invitees brought onto said Premises by the Tenant, or any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, except to the extent caused by the sole gross negligence or willful misconduct of Landlord, its employees, and agents. If any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend same at Tenant's expense by counsel satisfactory to Landlord. Such loss or damage shall include, but not be limited to, any injury or damage to Landlord's personnel (including death resulting anytime therefrom) on the Premises. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the building or industrial park in which the Premises are located. Tenant agrees that the obligations assumed herein shall survive the termination of this Lease, but only with respect to matters occurring prior to the later of the expiration of the term of this Lease or Tenant's surrender of possession of the Premises to Landlord. 8.1 Tenant hereby agrees to maintain in full force and effect at all times during the Term with respect to each Facility carry term of this Lease, at Tenant's own expense, for the protection of Tenant, Landlord and maintain with respect to Landlord's property manager, as their interest may appear, policies of insurance issued by a responsible carrier or carriers which afford the Demised Premises of such Facility and the Personal Property and operations thereonfollowing coverages: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgageeWorkers' Compensation with statutory limits. (b) Fire Employers' Liability insurance with the following minimum limits: Bodily injury by disease per person $1,000,000 Bodily injury by accident policy limit $1,000,000 Bodily injury by disease policy limit $1,000,000 (c) Property insurance on a special causes of loss insurance form covering any and hazard all personal property of Tenant including but not limited to furniture, trade fixtures, Utility Installations, and equipment in an amount not less than their full replacement cost. This policy should contain a waiver of subrogation. Prior to the completion of the Tenant Improvements to be constructed by Tenant pursuant to the Tenant Work Letter, Tenant shall cause the Tenant Improvements to be <PAGE> -28- insured pursuant to a builders risk policy of title insurance on a completed value form. Tenant shall not cancel that policy of builders risk insurance unless and until Landlord has confirmed that the Tenant Improvements have become Covered Tenant Improvements pursuant to Paragraph 8.3(a). (d) Commercial General Liability Insurance including Broad Form Property Damage and Contractual Liability with the following minimum limits: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 (e) Umbrella/Excess Liability on a following form basis with the following minimum limits: General Aggregate $10,000,000 Each Occurrence $10,000,000 The limits of said insurance in this Paragraph 8.2 shall not, however, limit the liability of Tenant hereunder. 8.2 Landlord shall, at all times during the term of this Lease, maintain the following insurance: (a) a policy or policies of all-risk property insurance, naming Tenantissued by and binding upon some solvent insurance company, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of insuring for the full replacement cost of the building on the Premises and the Personal Property Covered Tenant Improvements (as defined below). As used herein, the term "Covered Tenant Improvements" means the Existing Mezzanine, the Tenant Improvements constructed pursuant to the Work Letter, the Mezzanine Expansion, and deductibles not any other improvements permanently attached to exceed $10,000the Building that will become the property of Landlord on the expiration or earlier termination of this Lease and in any event excludes any furniture, trade fixtures, equipment or personal property; provided that no portion of the hazards that are covered Tenant Improvements construed pursuant to the Tenant Work Letter or any subsequent alterations shall be reasonably acceptable Covered Tenant Improvements prior to Landlord their completion and delivery to Tenant based on availability and costby Tenant's contractor. The proceeds shall be utilized by Landlord for the restoration of improvements Except as provided in the event such restoration preceding sentence, Landlord shall not be obligated to insure, and shall not assume any liability or risk of loss for, any of Tenant's furniture, equipment, machinery, goods, supplies, utility <PAGE> -29- installations, improvements, or alterations upon the Premises. This policy shall contain an agreed amount endorsement and be written with no coinsurance. Landlord may, but shall not be obligated to, obtain earthquake and flood insurance. (b) Rent insurance on an all-risk basis in an amount equal to all that is required hereunder. If no restoration is required, called for under Paragraph 4 of this Lease (Base Rent and any additional rents payable under this Lease including tax and insurance costs) for a period of at least twelve (12) months commencing with the proceeds shall belong to the Landlorddate of loss. (c) Broad Form Comprehensive General Liability Insurance Boiler and machinery insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time satisfactory to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of Landlord on a comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage)coverage form. (d) A Commercial General Liability policy of insurance, insuring Landlord, but not Tenant, against liability arising out of the ownership, use, occupancy or maintenance of the Industrial Center, in amounts determined by Landlord. 8.3 The insurance policies herein mentioned Tenant shall provide deliver to Landlord prior to taking possession of the Premises, and thereafter at least thirty (30) days prior to expiration of such policy, certificates of insurance evidencing the above coverage with limits not less than those specified above. Insurance required hereunder shall be in companies holding a "General Policyholders Rating" of at least A-VIII as set forth in the most current issue of "Best's Insurance Guide". Such Certificates with the exception of Worker's Compensation, shall name Landlord, its subsidiaries, directors, agents and employees, and its property manager as additional insureds and shall expressly provide that the interest of same herein shall not be affected by a breach by Tenant of any insurance policy provision for which such Certificates evidence coverage. Further, all Certificates shall expressly provide that no less than thirty (30) days prior written notice shall be given to Landlord in the event of material alteration to or cancellation to all parties named therein as insuredof the coverage evidenced by such Certificates. (e) Any provision 8.4 Landlord may secure and maintain, as an Operating Expense, increased amounts of insurance and other insurance coverage in such limits, as Landlord may require in its reasonable judgment to afford Landlord adequate protection consistent with the practices of institutional owners of comparable properties. 8.5 Landlord makes no representation that the limits of liability specified to be carried by Tenant under the term of this Lease are adequate to protect Tenant against Tenant's undertaking under this Paragraph 8 and in the event Tenant believes that any such insurance coverage called for under this Lease is insufficient, Tenant shall provide, at its own expense, such additional insurance as Tenant deems adequate. <PAGE> -30- 8.6 Anything in this Lease to the contrary notwithstanding, Landlord and Tenant hereby waive and release each party, to the extent it is permitted to do so by the terms other of and provisions of any of the above policies, hereby waives from any and all rights of recovery, claims, action or cause of action, against each other, their agents, officers and employees, for any loss or damage that may occur to recover from the otherPremises, improvements to the building of which the Premises are a part, personal property (building contents) within the building on the Premises, any furniture, equipment, machinery, goods or supplies not covered by this Lease which Tenant may bring or obtain upon the Premises or any additional improvements which Tenant may construct on the Premises, by reason of fire, the elements or any other cause which could be insured against under the terms of all risk property insurance policies, regardless of cause or origin, including negligence of Landlord or Tenant and their agents, officers and employees. Because this Paragraph will preclude the assignment of any claim mentioned in it by way of subrogation (or otherwise) to an insurance company (or any other person) each party to this Lease agrees immediately to give to each insurance company, written notice of the terms of the mutual waivers contained in this Paragraph, and to have the insurance policies properly endorsed if necessary to prevent the invalidation of the insurance coverages by reason of the mutual waivers contained in this Paragraph. Tenant also waives and releases Landlord, its agents, officers and employees of and from any and all rights of recovery, claim, action or employees, cause of action for any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered any other policies of insurance carried by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employeesTenant.

Insurance Indemnity. (a) Tenant shall at all times during the Term with original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each Facility carry person, and maintain with to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the Demised Premises limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such Facility insurance policy or policies, and the Personal Property Tenant shall name Landlord and operations thereon:upon request, Landlord's mortgagee, as a party insured in such policy or policies. (ab) Business interruption insuranceDuring the term of this Lease or any extension thereof, naming Tenant shall maintain for the benefit of Tenant, Landlord Landlord, and Landlord’s 's designated mortgagee as insureds Mortgagee, business interruption insurance sufficient to pay the rent and Tenant’s 's other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. Tenant shall be entitled to all payments made under such business interruption insurance to the extent such payments exceed sums necessary to pay the rent and Tenant's other obligations hereunder. (bc) Fire and hazard insuranceDuring the term of this Lease or any extension thereof, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on Tenant shall keep all buildings and improvements on the Premises premises insured in the amount of the full replacement cost for the benefit of the Premises Tenant, Landlord, and the Personal Property Landlord's designated mortgagee against loss or damage by fire, with customary extended coverage, All proceeds payable at any time and deductibles not from time to exceed $10,000time by an insurance company under such policies (except contents belonging to Tenant and Tenant's relocation allowance, provided that the hazards that are covered if any) shall be reasonably acceptable payable to Landlord and Tenant based on availability and cost. Landlord, or its designated mortgagee, The proceeds shall be utilized by Landlord and Tenant for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgments and executions in any manner relating to or arising out of the use or occupancy of the Premises for the term of this Lease or any extension thereof. (f) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do so by the terms and provisions of any of the above such policy or policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. , Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or and employees.

Insurance Indemnity. Tenant (a) Manufacturer shall at all times maintain during the Term or as otherwise provided in Section 6(c) hereof the following insurance coverage: (i) Commercial general liability insurance, including products liability insurance on Manufacturer’s Products, which insurance shall be fully sufficient (in terms of coverage and policy limits) to cover property loss or damage and bodily injury or death arising from the Products. Such insurance shall be written on an ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage) and shall cover, among other things, bodily injury and property damage arising from products-completed operations and liability assumed under an insured contract including Manufacturer’s contractual liability to indemnify DDN under Section 6(d) hereof. The limits of such insurance shall not be less than $[###] per occurrence. Such insurance shall name DDN and its subsidiaries as additional insureds using ISO additional insured endorsement CG 2015 0704 or a substitute providing equivalent coverage. This insurance shall apply as primary insurance with respect to each Facility carry any other insurance or self-insurance program. (ii) Fire and extended property insurance sufficient to cover the replacement value for all Products while in the possession or under the control of DDN. Upon demand, Manufacturer shall promptly provide DDN with insurance certificates evidencing Manufacturer’s compliance with the foregoing insurance requirements. Such certificates shall also require the insurer to endeavor to notify DDN at least 30 days prior to the cancellation or non-renewal of such insurance. DDN/Obergfel (b) DDN shall maintain during the Term or as otherwise provided in Section 6(c) hereof the following insurance coverage: (i) Warehouseman’s legal liability insurance in the amount of at least $[###] with respect to DDN’s operations in Memphis, TN and $[###] with respect to DDN’s operations in Ontario, CA. Manufacturer acknowledges that such warehouseman’s legal liability insurance also insures property in the Demised Premises possession of such Facility and the Personal Property and operations thereon:DDN other than Products of Manufacturer. (aii) Business interruption insurance, naming Tenant, Landlord Worker’s Compensation insurance as required by law. (iii) Commercial general liability insurance and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for umbrella insurance having a period combined limit of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire $[###] per occurrence and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered [###] annual aggregate. Such insurance shall be reasonably acceptable to Landlord and Tenant based written on availability and costan ISO occurrence form CG 00 01 1204 (or a substitute for providing equivalent coverage). The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong Prior to the LandlordInitial Delivery Date and thereafter upon demand, DDN promptly shall provide Manufacturer with insurance certificates evidencing DDN’s compliance with the foregoing requirements. Such certificates shall also require the insurer to endeavor to notify Manufacturer at least 30 days prior to the cancellation or non-renewal of such insurance. (c) Broad Form Comprehensive General Liability Insurance All insurance required hereunder shall be with insurance companies rated “A” or better by A. M. Best, and shall not have deductibles or self-insured retentions in an amount excess of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third[###]. If any insurance required hereunder of Manufacturer is provided on a claims-party property damage; such made basis, then said insurance shall include premises liability insurance, blanket contractual liability insurance be maintained in full force and personal injury liability insurance; such requirement may be satisfied by layering effect for at least three years after the expiration of comprehensive general liability, umbrella this Agreement and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage)any renewals hereunder. (d) The insurance policies herein mentioned parties hereto acknowledge that DDN has not had and will not have any role in the manufacture, branding, labeling, packaging, marketing or sale of Products and that, as between the parties, Manufacturer or shall provide thirty have the sole liability for any product liability or similar claims (30regardless of the legal theory upon which such claims may be brought) days notice with respect to Products (other than any claims for which it is determined by the final decision of cancellation a court of competent jurisdiction that (i) the actual Product was tampered or altered in any manner, while under the custody or control of DDN, and (ii) such alteration or tampering was the primary cause of the injury and damages incurred for which the claim is made (the “Excluded Claims”)). Accordingly, other than with respect to Excluded Claims, Manufacturer indemnifies and agrees to defend and hold DDN and its members, directors, officers, managers, employees and agents (“DDN Indemnitees”), harmless from any and all parties named therein as insuredclaims, damages (whether for bodily injury or death, third-party property damage or otherwise), demands, causes of action, losses, judgments, costs and expenses of any nature whatsoever, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”) caused by or attributable in whole or part to, or alleged to have been caused by or attributable in whole or part to: (i) The Products, including, without limitation, their inherent safety, defects in the manufacture thereof, their branding, labeling, packaging, marketing or sale and DDN/Obergfel regardless of whether the Claim is asserted based upon strict liability or absolute liability, negligence, warranty, common law principles or other cause of action. (ii) Any actual or asserted violation of the Federal Food, Drug and Cosmetic Act or any other Law by virtue of which Products supplied or delivered by Manufacturer shall be alleged or determined to be adulterated, misbranded, mislabeled or otherwise not in full compliance with such Law. (iii) Any actual or asserted infringement or violation of any patent, trademark, trade name, copyright or other intellectual or proprietary rights of any third party. (e) Any provision in this Lease Subject to the contrary notwithstandinglimitations of Section 5 hereof, each partyparty (an “Indemnifying Party”) indemnifies and agrees to defend and hold the other party and its members, directors, officers, managers, employees and agents, harmless from any and all Claims to the extent it is permitted caused by or the Indemnifying Party’s gross negligence or willful misconduct. (f) Subject to do so by the terms limitations of Section 5 hereof, DDN indemnifies and provisions of any of the above policiesagrees to defend and hold Manufacturer and its members, hereby waives directors, officers, managers, employees and agents, harmless from any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only Claims to the extent that such loss caused by or damage is in fact covered attributable to the following: (i) Any actual violation by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request DDN of the otherFederal Food, request each such insurance company to attach to such policy Drug and Cosmetic Act or policies issued by it a waiver of subrogation with respect to the any other party, its agents or employeesLaw. (ii) Excluded Claims as defined in Section 6(d).

Insurance Indemnity. Tenant 13.1 Landlord shall at all times during the Term with respect to each Facility carry and maintain with respect to the Demised Premises of such Facility and the Personal Property and operations thereon: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed or cause to be paid hereunder for a period maintained fire and extended coverage insurance in respect of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire the Building and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and other improvements on the Premises insured Land normally covered by such insurance (except for the property Tenant is required to cover with insurance under Section 13.2) for the benefit of Landlord and any other parties Landlord may at any time and from time to time designate, as their interests may appear, but not for the benefit of Tenant. The fire and extended coverage insurance will be in the amount amounts of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000Building, provided that the hazards that are covered such coverage is commercially reasonably available. Landlord shall also maintain or cause to be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance maintained commercial general liability insurance in an amount of not less than $5,000,000 5,000,000. Landlord may also maintain any other forms and types of insurance which Landlord shall deem reasonable in respect to the Building and Land. Landlord shall have the right to provide any insurance maintained or caused to be maintained by it under blanket policies. 13.2 Tenant shall maintain the following insurance: (or such higher amount a) comprehensive general public liability insurance in respect of the Leased Premises and the conduct and operation of business therein, with Landlord as Landlord’s lender shall from time to time reasonably require) an additional insured, with a combined single limit for bodily injury (including or death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering damage of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount not less than $1,000,000 5,000,000, and (b) fire and extended coverage insurance in respect of Tenant's stock in trade, fixtures, furniture, furnishings, removable floor coverings, equipment, and all other property of Tenant in the Leased Premises in any amounts required by any fee mortgagee but not less than 80% of the full insurable value of the property covered and not less than the amount sufficient to avoid the effect of the co-insurance provisions of the applicable policy or policies. Landlord may, after the expiration of the fifth Fiscal Year, require, on one occasion, that the combined single limit for the comprehensive general public liability insurance to be maintained by Tenant be increased so long as the increase is commercially reasonable. Tenant shall deliver to Landlord and to any additional insured certificates for such higher amount as Landlord’s lender fully paid-for policies prior to the Commencement Date. Tenant shall procure renewals of such insurance from time to time reasonably requirebefore the expiration thereof, and Tenant shall deliver to Landlord certificates therefor before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New Jersey, and all such policies shall contain a provision whereby the same cannot be cancelled unless Landlord and any additional insured(s) combined single limit are given at least 20 days' prior written notice of such cancellation. Upon request, Tenant will deliver duplicate originals of the actual policies to Landlord. 13.3 Tenant shall not do, permit or suffer to be done any act, matter, thing or failure to act in respect of the Leased Premises or use or occupy the Leased Premises or conduct or operate Tenant's business in any manner objectionable to any insurance company (provided Tenant is on notice of such objection) whereby the fire insurance or any other insurance then in effect in respect to the Land and $2,000,000 annual aggregate Building or any part thereof shall become void or suspended or whereby any premiums in respect of insurance maintained by Landlord shall be higher than those which would normally have been in effect for the occupancy contemplated under Article 8. If Tenant breaches the provisions of this Section 13.3, in addition to all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and the fee mortgagees and hold Landlord and the fee mortgagees harmless from and against any loss which would have been covered by insurance which shall have become void or suspended because of such higher amount as Landlord’s lender breach by Tenant and (b) pay to Landlord any and all increases or premiums on any insurance. 13.4 Tenant shall indemnify and hold harmless Landlord and its respective directors, officers, agents, employees and invitees from time to time reasonably require) for bodily injury and against any and all losses, claims, damages and liabilities (including death resulting therefrom without limitation, legal fees and third-party property damage). other expenses as such fees and expenses are incurred) that arise out of, or are based upon, any actions, operations or other events occurring (da) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstanding, each party, Building to the extent it is permitted to do so caused by the terms and provisions acts, omissions or negligence of Tenant or any of its subtenants or licensees or its or their directors, officers, agents, employees, invitees or contractors, and (b) in the above policiesLeased Premises to the extent caused by the acts, hereby waives omissions or negligence of a third party or force majeure. 13.5 Landlord shall indemnify and hold harmless Tenant, its directors, officers, agents, employees and invitees from and against any and all rights to recover from the otherlosses, its agentsclaims, damages and liabilities (including, without limitation, legal fees and other expenses as such fees and expenses are incurred), that arise out of, or employeesare based upon, any actions, operations or other events occurring (a) in the Building to the extent caused by the acts, omissions or negligence of Landlord, and (b) in the Building (except for the Leased Premises) to the extent caused by the acts, omissions or negligence of a third party or force majeure. 13.6 Each party waives any right of recovery against the other party and releases all claims arising in any manner in its (the "Injured Party's") favor and against the other party for any loss or damage from risks ordinarily insured to the Injured Party's property (real or personal) located within or constituting a part of or all of the Building. The parties intend that such waiver and release apply to their respective insurers and act to waive any rights of subrogation that such insurers may have against under such policies, but only the other party. This waiver and release apply to the extent that such the loss or damage is in fact (1) covered by such the Injured Party's insurance or (2) would be covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater. The waiver and release also apply to each party's directors, officers, employees, shareholders and agents. 13.7 Notwithstanding anything to the contrary in this Lease, all indemnity obligations of Landlord and Tenant arising under this Lease, and all claims, demands, damages and losses assertable by Landlord and Tenant against the other in any suit or cause of action arising out of or relating to this Lease, the Leased Premises, the Building or the property on which the Building is collectible located, or the use and occupancy thereof, are limited as follows: (a) by such insured party. Each the releases and waivers expressed herein, including, without limitation, the mutual releases and waivers of rights set forth in Section 13.6; (b) all claims for indemnification and other recoveries shall be limited to direct, proximately caused damages and exclude all consequential and indirect damages, including, but not limited to, business loss or interruption, suffered by the party further covenants asserting the claim or seeking the recovery; and (c) in the event that Landlord and agrees that it willTenant (or the persons for whom they are liable as expressly set forth herein) are determined to be contributorily responsible for the indemnified injury or loss, upon request each indemnitor's obligation is limited to the indemnitor's equitable share of the otherlosses, request costs or expenses to be indemnified against based on the relative culpability of each such insurance company to attach to such policy indemnifying person whose negligence or policies issued by it a waiver of subrogation with respect willful acts or omissions contributed to the other party, its agents injury or employeesloss.

Insurance Indemnity. Tenant A. Landlord shall at all times during the Term with respect to each Facility carry secure and maintain with respect to throughout the Demised Premises term of such Facility this Lease the following insurance coverage which Landlord deems reasonable in amounts and the Personal Property and operations thereonform within Landlord's discretion: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b1) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured insurance with extended coverage endorsements attached in the amount of the full replacement cost insurable value of the Premises Building; (2) Comprehensive public liability insurance (including bodily injury and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord property damage insurance) for the restoration Building; and B. Tenant shall, at its own expense, procure and maintain throughout the term of improvements in the event such restoration is required hereunder. If no restoration is requiredthis Lease: (1) Comprehensive public liability insurance, the proceeds shall belong without a deductible, insuring Tenant's activities with respect to the Leased Premises against loss, damage or liability for personal injury or death, Landlord. (c) Broad Form Comprehensive General Liability Insurance 's damage to property or commercial loss occurring on or about the Leased Premises, in an amount of not amounts no less than One Million, Five Hundred Thousand Dollars ($5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require1,500,000.00) combined single limit for bodily injury limit; and (including death resulting therefrom2) Workmen's compensation insurance in at least the statutory amounts with respect to any work or other operation in or about the Leased Premises. C. Landlord and third-party property damage; such insurance Landlord's mortgagee, if any, shall include premises liability be named as additional insureds under Tenant's insurance, blanket contractual liability which shall be primary and non-contributing with any insurance and personal injury liability insurance; such requirement may be satisfied carried by layering of comprehensive general liability, umbrella and excess liability policies, but in no event Landlord. Tenant's insurance policy shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide contain endorsements requiring thirty (30) days days' notice to Landlord prior to any cancellation or any reduction in amount of cancellation coverage. Tenant shall deliver to Landlord, as a condition precedent to its taking occupancy of the Leased Premises, a Certificate evidencing such insurance. Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all parties named therein as insured. (e) Any provision claims against Landlord for injury to persons or property sustained by Tenant, its agents, employees, invitees, or third persons in this Lease to or about the contrary notwithstanding, each partyLeased Premises from any cause arising at any time, to the extent it that said injury is permitted to do so covered by the terms collectable insurance. D. Tenant shall indemnify and provisions hold Landlord harmless from and against all demands, suits, fines, liabilities, losses, damages, costs and expenses (including legal expenses) which Landlord may incur or become liable for as a result of any of the above policies, hereby waives any and all rights to recover from the otherbreach by Tenant, its agents, or employees, any loss officers, contractors, invitees or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request licensees of the other, request each such insurance company to attach to such policy terms or policies issued by it a waiver covenants of subrogation with respect to the other party, its agents or employeesthis Lease.

Insurance Indemnity. Tenant shall at all times during the Term with respect to each Facility carry and maintain with respect to the Demised Premises of such Facility and the Personal Property and operations thereon: (a) Business interruption insuranceDuring the Term hereof Tenant shall maintain commercial general liability insurance on the Premises of at least $1,000,000 per occurrence, naming Tenant$2,000,000 aggregate. As evidence thereof, on or before the Commencement Date, Tenant shall provide to Landlord and with copies of certificates of insurance evidencing such coverage during the Term. Such certificates must name Landlord’s , any mortgagee of Landlord, any other parties designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee, as additional insureds. Tenant shall also maintain “all risk” (or “special form”) property insurance on all property owned or used by Tenant in the Premises. (b) Fire and hazard insuranceLandlord shall maintain commercial general liability insurance throughout the Term, naming Tenantwith a minimum combined single limit of liability of at least $2,000,000 for personal injuries or deaths of persons occurring in or about the Building or Project. In addition, Landlord and shall maintain a policy of property insurance covering the Building (including the leasehold improvements constructed by Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured ), in the an amount equal to not less than ninety percent (90%) of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000Building. Such policies shall, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlordextent applicable, meet all the requirements of Tenant’s property insurance policy under the Lease. (c) Broad Form Comprehensive General Liability Insurance Tenant shall and hereby does indemnify, protect, defend and hold Landlord harmless for, from and against any and all loss, cost, damage, claim, expense or liability arising from: (i) Tenant’s use of the Premises or the conduct of Tenant’s business or profession; (ii) any activity, work, or thing done, permitted or suffered by the Tenant in an amount or about the Premises; (iii) any breach or default in the performance of not less than $5,000,000 any obligation on Tenant’s part to be performed under the terms of this Lease; or (iv) any negligent acts or omissions of Tenant, or of Tenant’s agents or employees. Tenant shall and hereby does further indemnify, defend and hold Landlord harmless for, from and against all costs, attorneys’ fees, expenses and liabilities incurred in connection with any such higher amount as claim or any action or proceeding brought thereon. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant upon notice from Landlord, shall defend same at Tenant’s lender shall from time expense by counsel reasonably satisfactory to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insuranceLandlord. Notwithstanding anything in this Section 8 to the contrary, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general Tenant be required to defend, save harmless or indemnify Landlord from any liability policy be written for an amount less than $1,000,000 (arising from any special or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage)consequential damages. (d) The insurance policies herein mentioned Landlord shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstandingand hereby does indemnify, each partyprotect, to the extent it is permitted to do so by the terms defend and provisions of any of the above policieshold Tenant harmless for, hereby waives from and against any and all rights to recover from the otherloss, its agentscost, damage, claim, expense or liability arising from: (i) any activity, work, or employeesthing done, permitted or suffered by Landlord in or about the Project; (ii) any loss breach or damage from risks ordinarily insured against default in the performance of any obligation on Landlord’s part to be performed under such policiesthe terms of this Lease; or (iv) any negligent acts or omissions of Landlord, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its Landlord’s agents or employees. Landlord shall and hereby does further indemnify, defend and hold Tenant harmless for, from and against all costs, attorneys’ fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought thereon. In case any action or proceeding is brought against Tenant by reason of any such claim, Landlord upon notice from Tenant, shall defend same at Landlord’s expense by counsel reasonably satisfactory to Tenant. Notwithstanding anything in this Section 8 to the contrary, in no event shall Landlord be required to defend, save harmless or indemnify Tenant from any liability arising from any special or consequential damages.

Insurance Indemnity. Tenant shall at all times during the Term with respect to each Facility carry and maintain with respect to the Demised Premises of such Facility and the Personal Property and operations thereonPROPERTY AND LIABILITY INSURANCE: Except where otherwise provided for in this Article: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on 13.1 Lessee shall keep all buildings and improvements on and all fixtures on, in or appurtenant to the Premises at the commencement of the term hereof and thereafter erected thereon or installed therein, including all alterations, rebuildings, replacements, changes, additions and improvements, insured against loss or damage by fire, lightning, and if necessary, flood insurance and all other risks included in the standard form of fire insurance policy with a customary All-Risk Extended Coverage Endorsement attached from time to time available, in an amount of sufficient to prevent Lessor from becoming a co-insurer, not, however, less than the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000value thereof. Lessor and/or mortgagee, provided that the hazards that are covered as applicable shall be reasonably acceptable to Landlord and Tenant based on availability and costthe loss payee of any such policy. The proceeds There shall also be utilized by Landlord for a standard New York or equivalent mortgage endorsement at the restoration request of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlordany mortgagee. (c) Broad Form 13.2 Lessee shall pay, provide and keep in force Comprehensive General Liability Insurance against claims for bodily injury, death or property damage occurring on, in an amount or about the Premises, and on, in or about the adjoining streets, property and passageways arising out of the ownership, operation and control of the Premises, including, but not limited to contractual liability in connection with the indemnification of Lessor herein, and in connection with any liability of Lessor to Lessee's employees or other persons, in total limits of not less than $5,000,000 (3,000,000.00 in respect to bodily injury or death to any one person, and $5,000,000.00 in respect to any one occurrence, accident or disaster and property damage with limit of not less than $3,000,000.00 or such higher amount other amounts as Landlord’s lender shall may from time to time be reasonably require) combined single limit for bodily injury (including death resulting therefrom) required by Lessor, or the holder of the first mortgage. Lessee shall cause Lessor and third-party property damage; such insurance shall include premises any mortgagee to be named as an additional named insured on said liability insurance. 13.3 Lessee shall, blanket contractual liability at its expense, provide and keep in force for the benefit of Lessor and Lessee, rent insurance in an amount at least equal to the then annual Base Rent payable hereunder, plus one (1) year's real estate taxes, water, all insurance costs for the period, sewer and assessment charges, and the cost of the annual premiums required to be paid for the coverage provided for under this Article. 13.4 Lessee shall provide, at Lessee's expense, such other insurance and personal injury liability insurance; in such requirement may be satisfied by layering of comprehensive general liabilityamounts as may, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time, be reasonably required by Lessor, wherein Lessor is named as an additional named insured, or by the holder of any mortgage to which this Lease is subject, against such other insurable hazards as at the time reasonably require) combined single limit are normally insured against in cases of Premises similarly situated and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time similarly used due regard being given to time reasonably require) for bodily injury (including death resulting therefrom the height and third-party property damage)type of building on the Premises, its construction, use and occupancy. (d) The 13.5 All insurance required to be provided by Lessee by the provisions of this Article shall be carried in favor of Lessor, Lessee and Mortgagee, as their respective interests may appear, in such responsible companies and in such form as shall be reasonably satisfactory to Lessor and to the holder of any mortgage to which this Lease is subject and subordinate. 13.6 In the event either party shall be named as one of the insureds in a policy insuring the property of the other party, said party agrees to endorse promptly, without recourse, any check, draft or order for the payment of money representing the proceeds of any such policies herein mentioned or representing any other payment growing out of or in connection with any such policy, and does hereby irrevocably waive any and all rights in and to such proceeds and payments, so that the party whose property is insured shall provide be the sole recipient of such proceeds and payments. 13.7 All policies referred to hereunder, and required to be procured by Lessee, shall be paid for by Lessee and shall be non-assessable and shall require thirty (30) days prior notice by the insurer by registered mail to Lessor and to the holder of any mortgage to which this Lease is subject and subordinated of any cancellation to all parties named thereof or change therein as insuredaffecting the coverage thereunder. 13.8 If Lessee fails to procure the insurance as required hereunder, Lessor reserves the unqualified right at any time, after thirty (e30) Any provision days notice, to secure any insurance that is required of Lessee at Lessee's expense. On Lessor's written demand, reimbursement shall be made as Additional Rent. 13.9 Lessee shall procure policies for all said insurance for periods of not less than one (1) year and shall deliver to Lessor such policies in evidence of the payment of premiums thereon and shall procure renewals thereof from time to time, delivering certificates of said renewals to the Lessor at least thirty (30) days before the expiration thereof, together with evidence of payment. 13.10 All insurance policies required to be maintained under this Lease shall provide for mutual waivers of subrogation, and shall provide that no act or omission of Lessee shall limit the obligation to pay any loss sustained by or payable to Lessor and/or the contrary notwithstanding, each party, mortgagee. 13.11 Lessee will not do or suffer to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agentsbe done, or employeeskeep or suffer to be kept, any anything in, upon or about the Premises which will contravene insurance policies insuring against loss or damage by fire or other hazards (including, without limitation, public liability) or which will prevent Lessor from risks ordinarily insured against under procuring such policies, but only policies in companies acceptable to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employeesLessor.

Insurance Indemnity. (a) Tenant shall at all times during the Term with original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each Facility carry person, and maintain with to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the Demised Premises limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such Facility insurance policy or policies, and the Personal Property and operations thereon:Tenant shall name Landlord as a party insured in such policy or policies. (ab) Business interruption insuranceDuring the term of this Lease or any extension thereof, naming Tenant shall maintain for the benefit of Tenant, Landlord Landlord, and Landlord’s 's designated mortgagee as insureds Mortgagee, business interruption insurance sufficient to pay the rent and Tenant’s 's other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgageehereunder. (bc) Fire and hazard insuranceDuring the term of this Lease or any extension thereof, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on Tenant shall keep all buildings and improvements on the Premises premises insured in the amount of the full replacement cost for the benefit of the Premises Tenant, Landlord, and the Personal Property Landlord's designated mortgagee against loss or damage by fire, with customary extended coverage. All proceeds payable at any time and deductibles not from time to exceed $10,000time by an insurance company under such policies (except contents belonging to Tenant and Tenant's relocation allowance, provided that the hazards that are covered if any) shall be reasonably acceptable payable to Landlord and Tenant based on availability and costLandlord, or its designated mortgagee. The proceeds shall be utilized by Landlord and Tenant for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgements and executions in any manner relating to or arising out of the use or occupancy of the Premises for the term of this Lease or any extension thereof. (f) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do so by the terms and provisions of any of the above such policy or policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or and employees.

Insurance Indemnity. (a) Tenant shall at all times during covenants and agrees that from and after the Term with respect to each Facility Lease Commencement Date, Tenant will carry and maintain with respect to maintain, at its sole cost and expense and in the Demised Premises amounts specified and in the form hereinafter provided, the following types of such Facility and the Personal Property and operations thereoninsurance: (ai) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient Personal Property insurance covering Special Causes of Loss. Such Business Personal Property insurance shall not be in an amount less than that required to pay replace all of the rent and Tenant’s other obligations specifically agreed trade fixtures, decorations, furnishings, equipment and personal property and in an amount required to be paid hereunder for avoid the application of any coinsurance provision. Such Business Personal Property insurance shall contain a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgageeReplacement Cost valuation provision. (bii) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on Plate glass insurance covering all buildings and improvements on plate glass in the Premises insured in the amount of the full replacement cost of (if the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered include such glass other than ordinary windows). Tenant shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord remain liable for the repair and restoration of improvements in the event all such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlordplate glass. (ciii) Broad Form Boiler and Machinery insurance (if, at any time during this Lease, Tenant’s operations include a pressure vessel). Such Boiler and Machinery insurance will be on a Repair and Replacement basis, will be against Comprehensive General Liability Insurance perils, shall not be in an amount of not less than $5,000,000 that required to replace all of the Tenant’s trade fixtures, decorations, furnishings, equipment and personal property and shall be in an amount required to avoid the application of any coinsurance provision. (or such higher amount as Landlord’s lender shall from time to time reasonably requireiv) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such Business Income insurance covering Special Causes of Loss. Such Business Income insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied in minimum amounts typically carried by layering of comprehensive general liability, umbrella and excess liability policiesprudent businesses engaged in similar operations, but in no event shall the primary comprehensive general liability policy be written for in an amount less than the Base Rent then in effect for the Lease Year. (v) Commercial General Liability insurance (written on an occurrence basis) including Contractual Liability coverage insuring the obligations assumed by Tenant under this Lease, Premises and Operations coverage, Personal Injury Liability coverage, Independent Contractor’s Liability coverage. Such Commercial General Liability insurance shall be in minimum amounts typically carried by prudent businesses engaged in similar operations, but in no event shall be in an amount less than Two Million Dollars ($1,000,000 2,000,000) combined single limit per occurrence with a Three Million Dollar ($3,000,000) annual aggregate. If the nature of Tenant’s operations are automobile-related, Tenant may satisfy this requirement with Garage Liability insurance with limits of not less than Two Million Dollars ($2,000,000) per accident for Auto, Two Million Dollars ($2,000,000) per accident for other-than-Auto and a Three Million Dollars ($3,000,000) annual aggregate for other-than-Auto. If Tenant conducts operations at locations and/or projects other than the Premises, such annual aggregate limit will be expressed on a “per location” and/or “per project” basis, as the case may be. If the nature of Tenant’s operations are such that Tenant has seniors, children, developmentally-disabled or other vulnerable people in its care or if such higher amount as people are in the Tenant’s care incidental to the Tenant’s operations, Tenant’s Commercial General Liability insurance shall not exclude coverage for Sexual Abuse and/or Molestation. Such Commercial General Liability insurance shall be primary to — and non-contributory with — any similar insurance maintained by Landlord. (vi) Workers’ Compensation insurance including Employer’s lender Liability insurance. Such Workers’ Compensation insurance shall be for the statutory benefits which may, from time to time reasonably requirethroughout the term of this Lease, become payable in the jurisdiction in which the Premises are located. Such Employer’s Liability insurance shall be in amounts not less than One Hundred Thousand Dollars ($100,000) combined single for each accident, Five Hundred Thousand Dollars ($500,000) as a policy limit for disease and One Hundred Thousand Dollars ($2,000,000 annual aggregate 100,000) per employee for disease. Such Workers’ Compensation insurance will include a Waiver of Subrogation in favor of Landlord. (b) All such insurance shall: (1) be issued by a company that is “Admitted” to do business in the jurisdiction in which the Premises are located, that has been approved in advance by Landlord and that has a rating equal to or exceeding A: IX from A.M. Best Company; (2) (except for Workers’ Compensation and Employer’s Liability) name Landlord, the managing agent of the Building (if any) and the holder of any Mortgage as Additional Insureds/Loss Payees, as applicable; (3) contain an endorsement prohibiting cancellation or failure to renew without the insurer first giving Landlord thirty (30) days’ prior written notice (by certified or registered mail, return receipt requested) of such higher amount proposed action (no less than ten [10] days’ notice of cancellation or failure to renew for non-payment of premium). (c) No such Commercial General Liability, Automobile Liability, Workers’ Compensation or Employer’s Liability insurance shall contain a self-insured retention provision except as otherwise approved in writing by Landlord’s lender , which approval shall not be unreasonably withheld. Landlord reserves the right from time to time reasonably requireto require Tenant to obtain higher minimum amounts or different types of insurance if it becomes customary for other landlords of similar buildings as that which contains the Premises to require similar-sized tenants in similar industries to carry insurance of such higher minimum amounts or of different types. At the commencement of this Lease, Tenant shall deliver a certificate of all required insurance and will continue throughout the term of this Lease to do so not less than ten (10) for bodily injury (including death resulting therefrom and third-party property damage)days prior to the expiration of any required policy of insurance. Neither the issuance of any insurance policy required under this Lease nor the minimum limits specified herein shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. (d) The All insurance policies herein mentioned shall provide thirty that the insurer thereunder waives all right of recovery by way of subrogation against Landlord, its partners, employees, agents, representatives and any other party required to be the recipient of such a waiver under the terms of any written contract or agreement with Landlord pertaining to this Lease and/or to the Premises, in connection with any loss or damage covered by such policy. Tenant shall, and does hereby, indemnify and hold harmless Landlord from and against any and all liabilities, fines, claims, damages and actions, costs and expenses of any kind or nature (30including reasonable attorneys’ fees) days notice (i) relating to or arising from the use and occupancy of cancellation the Premises; (ii) due to or arising out of any mechanic’s lien filed against the Building, or any part thereof, for labor performed or for materials furnished or claimed to be furnished to Tenant, or (iii) due to or arising out of any breach, violation or nonperformance of any covenant, condition or agreement in this Lease set forth and contained on the part of Tenant to be fulfilled, kept, observed or performed, unless such damage or injury shall be occasioned by the negligence or willful act or omission of the Landlord or Landlord’s agents, employees, contractors, invitees or licensees, in which event, Landlord shall indemnify and hold harmless Tenant to the extent of such negligence or willful act or omission. Notwithstanding the foregoing, Tenant shall at all parties named therein times remain liable for, and indemnify and hold harmless Landlord as insuredaforesaid, against any damage or injury arising from perils against which Tenant is required by this Lease to insure, regardless of the negligence, act or omission of others. (e) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further Landlord covenants and agrees that it willfrom and after the Lease Commencement Date of this Lease, upon request Landlord will carry and maintain (subject to reimbursement as an Operating Expense) and in the amounts specified and in the form hereinafter provided, the following types of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employees.insurance:

Insurance Indemnity. (a) Tenant shall at all times during the Term with original term and any extension thereof, carry and maintain, for the mutual benefit of Landlord, Tenant and Landlord's designated mortgagee, general public liability insurance issued by a company or companies licensed to do business in North Carolina and which are approved by Landlord (which approval shall not be unreasonably withheld) against claims for personal injury, sickness, or disease, including death and property damages in, on or about the Premises, such insurance to afford protection to the limit of not less than $1,000,000.00 in respect to each Facility carry person, and maintain with to the limit of not less than $3,000,000.00 in respect to any one occurrence causing bodily injury or death, and to the Demised Premises limit of not less than $200,000.00 in respect to property damage. Tenant shall furnish Landlord with a duplicate certificate or certificates of such Facility insurance policy or policies, and the Personal Property Tenant shall name Landlord and operations thereon:upon request, Landlord's mortgagee, as a party insured in such policy or policies. (ab) Business interruption insuranceDuring the term of this Lease or any extension thereof, naming Tenant shall maintain for the benefit of Tenant, Landlord Landlord, and Landlord’s 's designated mortgagee as insureds Mortgagee, business interruption insurance sufficient to pay the rent and Tenant’s 's other obligations specifically agreed to be paid hereunder for a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. Tenant shall be entitled to all payments made under such business interruption insurance to the extent such payments exceed sums necessary to pay the rent and Tenant's other obligations hereunder. (bc) Fire and hazard insuranceDuring the term, naming Tenantof this Lease or any extension thereof, Landlord and Landlord’s designated mortgagee as insureds on Tenant shall keep all buildings and improvements on the Premises premises insured in the amount of the full replacement cost for the benefit of the Premises Tenant, Landlord, and the Personal Property Landlord's designated mortgagee against loss or damage by fire, with customary extended coverage. All proceeds payable at any time and deductibles not from time to exceed $10,000time by an insurance company under such policies (except contents belonging to Tenant and Tenant's relocation allowance, provided that the hazards that are covered if any) shall be reasonably acceptable payable to Landlord and Tenant based on availability and costLandlord, or its designated mortgagee. The proceeds shall be utilized by Landlord and Tenant for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice of cancellation to all parties named therein as insured. (e) Tenants shall fully indemnify, protect and save Landlord harmless from all expenses, claims, demands, counsel fees, costs, liabilities, judgments and executions in any manner relating to or arising out of the use or occupancy of the Premises for the term of this Lease or any extension thereof. (f) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted so to do so by the terms and provisions of any of the above such policy or policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or and employees.

Insurance Indemnity. During the term of this Lease, Tenant, its assignees and sublessees shall protect, defend, indemnify and save Landlord harmless from any and all claims, penalties, or demands, including court costs and attorneys’ fees, whatsoever arising, directly or indirectly, out of or from Tenant’s use or occupancy of the Premises. Tenant shall at all times keep in force, upon delivery of the Premises by Landlord and during the Term with respect to each Facility carry and maintain with respect to the Demised Premises full term of such Facility and the Personal Property and operations thereon: (a) Business interruption this Lease or any renewal or extension thereof, workmen’s compensation insurance, naming Tenantcommercial general liability insurance (occurrence coverage) and special risk property insurance, all issued by a nationally recognized insurance company licensed to do business in South Carolina and having a rating of “A” or better in the most current available Best’s Insurance Reports, with such limits as may be reasonably requested by Landlord and Landlord’s designated mortgagee as insureds sufficient from time to pay the rent and Tenant’s other obligations specifically agreed to be paid hereunder for a period of time, but with minimum commercial general liability limits not less than six $1,000,000.00 single limit coverage and $2,000,000.00 combined coverage (6with broad form contractual liability coverage) months and, for property damage, not less than the greater of $100,000.00 or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of the full replacement cost of all property of Tenant within or about the Premises (and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The any policy proceeds shall be utilized by Landlord used for the restoration repair or replacement of improvements any property of Tenant damaged or destroyed). Said liability policy shall name Landlord and Landlord’s mortgagee(s) as additional insureds, shall provide that it shall not be canceled, allowed to lapse, reduced or changed for any reason unless and until Landlord is given fifteen (15) days notice in writing by the event such restoration is required hereunder. If no restoration is required, insurance company and shall insure Tenant’s performance of the proceeds shall belong to indemnity provisions of this Lease (but the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount of such insurance shall not less than $5,000,000 (limit Tenant’s liability nor relieve Tenant of any obligation hereunder). Said insurance policies or such higher amount as Landlord’s lender other evidence of coverage satisfactory to Landlord shall be deposited with Landlord upon occupancy of Premises by Tenant and from time to time reasonably require) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied by layering upon the request of comprehensive general Landlord during the term hereof. All liability, umbrella and excess liability property damage or other casualty insurance policies shall be written as primary policies, but in no event shall the primary comprehensive general liability policy be written not contributory with or secondary to coverage that Landlord may carry. Landlord (for an amount less than $1,000,000 itself and its insurer) waives any rights, including rights and subrogation, and Tenant (or such higher amount as Landlord’s lender shall from time to time reasonably requirefor itself and its insurer) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (waives any rights, including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide thirty (30) days notice rights of cancellation to all parties named therein as insured. (e) Any provision in this Lease to the contrary notwithstandingsubrogation, each party, to may have against the extent it is permitted to do so by the terms and provisions other for compensation of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage occasioned to Landlord or Tenant arising from risks ordinarily insured against under such policies, but only to the extent that such loss any risk generally coverable by a standard all-risk policy of insurance or damage which is in fact actually covered by such the property insurance and is collectible carried by such insured partyLandlord or Tenant as applicable. Each party further covenants and agrees that it will, upon request of the other, request each such insurance company to attach to such policy or policies issued by it a waiver The foregoing waivers of subrogation with respect shall be operative only so long as available in the State of South Carolina. The foregoing waivers shall be effective whether or not the parties maintain the insurance required to the other party, its agents or employeesbe carried pursuant to this Lease.

Insurance Indemnity. (a) Tenant shall at all times during covenants and agrees that from and after the Term with respect to each Facility Lease Commencement Date, Tenant will carry and maintain with respect to maintain, at its sole cost and expense and in the Demised Premises amounts specified and in the form hereinafter provided, the following types of such Facility and the Personal Property and operations thereoninsurance: (ai) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient Personal Property insurance covering Special Causes of Loss. Such Business Personal Property insurance shall not be in an amount less than that required to pay replace all of the rent and Tenant’s other obligations specifically agreed trade fixtures, decorations, furnishings, equipment and personal property and in an amount required to be paid hereunder for avoid the application of any coinsurance provision. Such Business Personal Property insurance shall contain a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgageeReplacement Cost valuation provision. (bii) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on Plate glass insurance covering all buildings and improvements on plate glass in the Premises insured in the amount of the full replacement cost of (if the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered include such glass other than ordinary windows). Tenant shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord remain liable for the repair and restoration of improvements in the event all such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlordplate glass. (ciii) Broad Form Boiler and Machinery insurance (if, at any time during this Lease, Tenant’s operations include a pressure vessel). Such Boiler and Machinery insurance will be on a Repair and Replacement basis, will be against Comprehensive General Liability Insurance perils, shall not be in an amount of not less than $5,000,000 that required to replace all of the Tenant’s trade fixtures, decorations, furnishings, equipment and personal property and shall be in an amount required to avoid the application of any coinsurance provision. (or such higher amount as Landlord’s lender shall from time to time reasonably requireiv) combined single limit for bodily injury (including death resulting therefrom) and third-party property damage; such Business Income insurance covering Special Causes of Loss. Such Business Income insurance shall include premises liability insurance, blanket contractual liability insurance and personal injury liability insurance; such requirement may be satisfied in minimum amounts typically carried by layering of comprehensive general liability, umbrella and excess liability policiesprudent businesses engaged in similar operations, but in no event shall the primary comprehensive general liability policy be written for in an amount less than the Base Rent then in effect for the Lease Year. (v) Commercial General Liability insurance (written on an occurrence basis) including Contractual Liability coverage insuring the obligations assumed by Tenant under this Lease, Premises and Operations coverage, Personal Injury Liability coverage, Independent Contractor’s Liability coverage. Such Commercial General Liability insurance shall be in minimum amounts typically carried by prudent businesses engaged in similar operations, but in no event shall be in an amount less than Two Million Dollars ($1,000,000 2,000,000) combined single limit per occurrence with a Three Million Dollar ($3,000,000) annual aggregate. If the nature of Tenant’s operations are automobile-related, Tenant may satisfy this requirement with Garage Liability insurance with limits of not less than Two Million Dollars ($2,000,000) per accident for Auto, Two Million Dollars ($2,000,000) per accident for other-than-Auto and a Three Million Dollars ($3,000,000) annual aggregate for other-than-Auto. If Tenant conducts operations at locations and/or projects other than the Premises, such annual aggregate limit will be expressed on a “per location” and/or “per project” basis, as the case may be. If the nature of Tenant’s operations are such that Tenant has seniors, children, developmentally-disabled or other vulnerable people in its care or if such higher amount as people are in the Tenant’s care incidental to the Tenant’s operations, Tenant’s Commercial General Liability insurance shall not exclude coverage for Sexual Abuse and/or Molestation. Such Commercial General Liability insurance shall be primary to — and non-contributory with — any similar insurance maintained by Landlord. (vi) Workers’ Compensation insurance including Employer’s lender Liability insurance. Such Workers’ Compensation insurance shall be for the statutory benefits which may, from time to time reasonably requirethroughout the term of this Lease, become payable in the jurisdiction in which the Premises are located. Such Employer’s Liability insurance shall be in amounts not less than One Hundred Thousand Dollars ($100,000) combined single for each accident, Five Hundred Thousand Dollars ($500,000) as a policy limit for disease and One Hundred Thousand Dollars ($2,000,000 annual aggregate 100,000) per employee for disease. Such Workers’ Compensation insurance will include a Waiver of Subrogation in favor of Landlord. (b) All such insurance shall: (1) be issued by a company that is “Admitted” to do business in the jurisdiction in which the Premises are located, that has been approved in advance by Landlord and that has a rating equal to or exceeding A: IX from A.M. Best Company; (2) (except for Workers’ Compensation and Employer’s Liability) name Landlord, the managing agent of the Building (if any) and the holder of any Mortgage as Additional Insureds/Loss Payees, as applicable; (3) contain an endorsement prohibiting cancellation or failure to renew without the insurer first giving Landlord thirty (30) days’ prior written notice (by certified or registered mail, return receipt requested) of such higher amount proposed action (no less than ten [10] days’ notice of cancellation or failure to renew for non-payment of premium). (c) No such Commercial General Liability, Automobile Liability, Workers’ Compensation or Employer’s Liability insurance shall contain a self-insured retention provision except as otherwise approved in writing by Landlord’s lender , which approval shall not be unreasonably withheld. Landlord reserves the right from time to time reasonably requireto require Tenant to obtain higher minimum amounts or different types of insurance if it becomes customary for other landlords of similar buildings as that which contains the Premises to require similar-sized tenants in similar industries to carry insurance of such higher minimum amounts or of different types. At the commencement of this Lease, Tenant shall deliver a certificate of all required insurance and will continue throughout the term of this Lease to do so not less than ten (10) for bodily injury (including death resulting therefrom and third-party property damage)days prior to the expiration of any required policy of insurance. Neither the issuance of any insurance policy required under this Lease nor the minimum limits specified herein shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. (d) The All insurance policies herein mentioned shall provide thirty that the insurer thereunder waives all right of recovery by way of subrogation against Landlord, its partners, employees, agents, representatives and any other party required to be the recipient of such a waiver under the terms of any written contract or agreement with Landlord pertaining to this Lease and/or to the Premises, in connection with any loss or damage covered by such policy. Tenant shall, and does hereby, indemnify and hold harmless Landlord from and against any and all liabilities, fines, claims, damages and actions, costs and expenses of any kind or nature (30including reasonable attorneys’ fees) days notice (i) relating to or arising from the use and occupancy of cancellation the Premises; (ii) due to or arising out of any mechanic’s lien filed against the Building, or any part thereof, for labor performed or for materials furnished or claimed to be furnished to Tenant, or (iii) due to or arising out of any breach, violation or nonperformance of any covenant, condition or agreement in this Lease set forth and contained on the part of Tenant to be fulfilled, kept, observed or performed, unless such damage or injury shall be occasioned by the negligence or willful act or omission of the Landlord or Landlord’s agents, employees, contractors, invitees or licensees, in which event, Landlord shall indemnify and hold harmless Tenant to the extent of such negligence or willful act or omission. Notwithstanding the foregoing, Tenant shall at all parties named therein times remain liable for, and indemnify and hold harmless Landlord as insuredaforesaid, against any damage or injury arising from perils against which Tenant is required by this Lease to insure, regardless of the negligence, act or omission of others. (e) Any provision in this Lease to the contrary notwithstanding, each party, to the extent it is permitted to do so by the terms and provisions of any of the above policies, hereby waives any and all rights to recover from the other, its agents, or employees, any loss or damage from risks ordinarily insured against under such policies, but only to the extent that such loss or damage is in fact covered by such insurance and is collectible by such insured party. Each party further Landlord covenants and agrees that it willfrom and after the Lease Commencement Date of this Lease. Landlord will carry and maintain (subject to reimbursement as an Operating Expense) and in the amounts specified and in the form hereinafter provided, upon request the following types of the other, request each such insurance company to attach to such policy or policies issued by it a waiver of subrogation with respect to the other party, its agents or employees.insurance:

Insurance Indemnity. Tenant shall A. Tenant, at all times during its sole cost and expense, shall, throughout the Term with respect to each Facility carry Term, procure and maintain maintain: i. Comprehensive public liability insurance with respect to the Demised Premises of such Facility and the Personal Property and operations thereon: (a) Business interruption insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds sufficient to pay the rent and Tenant’s activities therein and thereabout, insuring against liability for personal injury or death, property damage or other obligations specifically agreed to be paid hereunder for loss, including liability arising out of Tenant’s indemnity set forth in this Lease (contractual liability endorsement) with deductibles of no more than $1,000 and a period of not less than six (6) months or twelve (12) months, if required by Landlord’s mortgagee. (b) Fire and hazard insurance, naming Tenant, Landlord and Landlord’s designated mortgagee as insureds on all buildings and improvements on the Premises insured in the amount of the full replacement cost of the Premises and the Personal Property and deductibles not to exceed $10,000, provided that the hazards that are covered shall be reasonably acceptable to Landlord and Tenant based on availability and cost. The proceeds shall be utilized by Landlord for the restoration of improvements in the event such restoration is required hereunder. If no restoration is required, the proceeds shall belong to the Landlord. (c) Broad Form Comprehensive General Liability Insurance in an amount combined single limit of not less than $5,000,000 (or such higher amount as Landlord’s lender shall from time to time reasonably require) combined single limit 1,000,000.00 per occurrence for bodily injury (including death resulting therefrom) and third-party property damage; ii. Worker’s Compensation Insurance in at least the statutorily required amounts; and iii. Fire and Lightening Extended Coverage, Vandalism and Malicious Mischief, All Risks and Flood Insurance in an amount adequate to cover the replacement costs of all personal property, decorations, trade fixtures, furnishings, equipment, and all contents of the Premises; and iv. Such other insurance as may be reasonably determined by Landlord. B. Tenant’s insurance shall be with a Best’s A+ rated company licensed to transact business in the State of Florida. Landlord shall be named as an additional insured under Tenant’s insurance, and such insurance shall include premises liability insurancebe primary and non-contributing with any insurance carried by Landlord. If, blanket contractual liability on account of the failure of Tenant to comply with the above, Landlord is adjudged to be a co-insurer by its insurance carrier, then any loss or damage Landlord may sustain by reason thereof shall be borne by Tenant and personal injury liability insurance; such requirement may shall be satisfied immediately paid by layering Tenant upon receipt of comprehensive general liability, umbrella and excess liability policies, but in no event shall the primary comprehensive general liability policy be written for an amount less than $1,000,000 (or such higher amount as Landlorda ▇▇▇▇ thereof. Tenant’s lender shall from time to time reasonably require) combined single limit and $2,000,000 annual aggregate (or such higher amount as Landlord’s lender shall from time to time reasonably require) for bodily injury (including death resulting therefrom and third-party property damage). (d) The insurance policies herein mentioned shall provide contain endorsements requiring thirty (30) days notice to Landlord prior to any cancellation or any reduction in amount of cancellation coverage. Tenant shall deliver to all parties named therein Landlord as insureda condition precedent to its taking occupancy of the Premises (but not to its obligation to pay Rent), a certificate or certificates evidencing such insurance acceptable to Landlord, and Tenant shall upon the expiration of such policies, deliver to Landlord certificates of insurance evidencing the renewal of such policies. (e) Any provision in this Lease to the contrary notwithstandingC. Tenant, each party, to the extent it is permitted to do so by the terms and provisions of any as a material part of the above policiesconsideration to be rendered to Landlord, hereby waives agrees that it will indemnify Landlord and save it harmless from and against any and all rights claims actions, damages, liability and expense in connection with loss of life, personal injury and or damage to recover property arising from or out of any occurrence in, upon or at the otherPremises and the Land, or the occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, or employees, licensees, invitees, third persons in or about the Premises. In case Landlord shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney’s fees incurred or paid by Landlord in connection with such litigation. In addition, Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for personal injury or death, property damage or other loss to Tenant, its agents, employees, licensees, invitees or damage third persons in or about the Premises and the Land from risks ordinarily insured against under such policiesany cause, but only except Landlord’s gross negligence, arising at any time. Notwithstanding anything to the extent that such loss or damage is contrary in fact covered by such this Section, the amounts of insurance required of Tenant shall not be construed in any manner whatsoever so as to limit Tenant’s liability hereunder and is collectible by such insured party. Each party further covenants Tenant’s indemnification and agrees that it will, upon request holding harmless of Landlord shall survive the other, request each such insurance company to attach to such policy or policies issued by it a waiver termination of subrogation with respect to the other party, its agents or employeesthis Lease.