Common use of Insurance; Waiver of Subrogation Clause in Contracts

Insurance; Waiver of Subrogation. LESSOR agrees to keep the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than $1,000,000 for property damage, $500,000 for injury or death of one person, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds shall be first payable to LESSOR or to the holder of any mortgage encumbering the Leased Premises as their respective interests may appear. As of the commencement of the term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. LESSOR Landlord agrees to keep maintain an "all risk " insurance policy covering the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts an amount equal to the actual cash value "replacement cost " thereof, insuring against the perils of fire, lightning, vandalism, malicious mischief and loss of rent and all other risks of direct physical loss. Subject to the provisions of this Lease, such insurance for the Building shall be for the sole benefit of Landlord and under its sole control. Tenant agrees to pay to Landlord, as Additional Rent, Tenant's Share of Landlord's cost of maintaining such insurance, together with such other insurance as Landlord deems reasonable and prudent. Said payments shall be made to Landlord immediately upon presentation to Tenant of Landlord's statement setting forth the amount due, which statement shall be accompanied by a copy of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused premium notice received by activities or conditions within Landlord. In the Leased Premises and indemnifying LESSOR to the extent event any such claims and demands are amount is not paid within twenty (20) days after the responsibility or obligation presentation to Tenant of LESSEE the amount so due, the unpaid amount shall bear interest at the Maximum Rate from the date of such presentation until paid by Tenant Any payment to be made pursuant to this paragraph with respect to the year in which this Lease commences, expires or otherwise terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this Lease bears to a matter full year. Tenant shall procure and maintain throughout the term of lawthis Lease a policy or policies of general commercial liability insurance, at its sole cost and expense, naming as additional insureds Landlord, and Landlord's managing agent and Tenant against all claims, demands or actions arising out of or in amounts connection with: (i) the Premises; (ii) the condition of the Premises; (iii) Tenant's operations in and maintenance and use of the Premises; and (iv) Tenant's liability assumed under this Lease, the limits of such policy or policies to be in the amount of not less than $1,000,000 for property damage, $500,000 for injury or death of one person2,000,000.00 combined single limited/aggregate coverage. All such policies shall be procured by Tenant from responsible insurance companies satisfactory to Landlord, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder any such coverage shall be written deemed primary and non-contributory to any liability coverage secured by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSORLandlord. Certificates evidencing such coverage, which approval shall not be unreasonably withheld. All policies together with receipts evidencing payment of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide thatpremiums therefor, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds shall be first payable delivered to LESSOR or Landlord prior to the holder Commencement Date of any mortgage encumbering the Leased Premises as their respective interests may appearthis Lease. As of the commencement of the term hereof, and thereafter not Not less than fifteen (15) days prior to the expiration dates date of such coverage, certificates evidencing the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates renewal thereof including photocopies of the original policies, shall be delivered to LESSORLandlord. Any insurance carried by either party with respect Such certificates shall further provide that not less than thirty (30) days written notice shall be given to the Leased Premises Landlord before such coverage may be canceled or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or losschanged. Each party notwithstanding any provisions of Anything in this Lease to the contrarycontrary notwithstanding, hereby waives the parties hereto waive any and all rights of recovery recovery, claim, action or cause of action against each other, their agents, partners, officers, and employees, for any loss or damage that may occur to the Premises hereby demised, or any improvements thereto, or the Building, or any improvements thereto, by reason of fire, the elements, or any other cause which could be insured against under the terms of "all-risk " insurance policies, regardless of cause or origin, including negligence of the parties hereto, their agents, partners, officers, and employees. Each party shall cause any policy of insurance carried by it to include a waiver of subrogation in favor of the other for injury party affecting the waiver of loss due to hazards covered by such insurance to claims set forth in the extent of the indemnification received thereunderimmediately preceding sentence.

Insurance; Waiver of Subrogation. LESSOR agrees to keep the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value replacement cost of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than One Million ($1,000,000 1,000,000) Dollars for property damage, One Million ($500,000 1,000,000) Dollars for injury or death of one person, and Two Million ($1,000,000 2,000,000) Dollars for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld, delayed or conditioned. All policies of insurance insurance, shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled canceled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds shall be first payable to LESSOR or to the holder of any mortgage encumbering the Leased Premises Premises, as their respective interests may appear. As of the commencement of the term Term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original photocopies of the policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party party, notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. LESSOR agrees to keep 11.1 Types of Insurance Subtenant shall at all times during the Building Term (and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts equal prior to the actual cash value Term with respect to any activity of Subtenant in the same, against fire Building) and other perils included in a standard extended coverage endorsement, at its own cost and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to expense procure and keep continue in force comprehensive insurance as follows: (a) Liability Insurance. Workers’ compensation insurance, employer’s liability insurance and commercial general liability insurance indemnifying LESSEE and, if necessary, commercial umbrella or excess liability insurance adequate to protect Subtenant, Sublandlord, and Prime Landlord against all claims and damages liability for any injury to or death of any person or damage to property which may in connection with the use, operation or condition of the Subleased Premises. The limits of liability under the workers’ compensation policy shall be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR at least equal to the extent any such claims statutory requirements therefor, and demands are the responsibility or obligation limits of LESSEE pursuant to this Lease or as a matter of law, liability under the employer’s liability policy shall be at least $2,000,000.00. The commercial general liability policy shall be in amounts an amount not less than $1,000,000 for property damage, $500,000 for injury or death of one person, 3,000,000.00 per occurrence and $1,000,000 for injury 5,000,000.00 in the aggregate. Not more frequently than once each three years, if, in the opinion of Prime Landlord’s mortgagee or death of more the independent insurance broker retained by Prime Landlord, the amount of employer’s liability or commercial general liability coverage in place at that time is not adequate, Subtenant shall increase the insurance coverage as reasonably required by Sublandlord or Prime Landlord, provided, however, such increases shall not exceed commercially reasonable insurance coverages carried by tenants leasing similar Center City Philadelphia class A high-rise office space. (b) Property Insurance. Insurance covering all leasehold improvements (including, but not limited to, all Subtenant Improvements and Alterations) trade fixtures, merchandise and other personal property from time to time in, on or upon the Subleased Premises, in an amount not less than one person in a single accident. LESSOR agrees to maintain insurance for the 100% of their full replacement cost from time to time during the Term, providing protection against any peril included within the classification "All Risks Coverage," together with insurance against sprinkler water damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Sublease due to any Casualty, the proceeds of such insurance shall be paid to Prime Landlord, Sublandlord and Subtenant, as their interests appear in the insured property. The full replacement value of the Building. All insurance required hereunder items to be insured under this paragraph shall be written determined by Subtenant and acknowledged by the company issuing the insurance carriers qualified to do business and in good standing in Massachusetts and approved policy by LESSOR, which approval shall not be unreasonably withheld. All policies the issuance of insurance shall name LESSOR and LESSEE as an agreed amount endorsement at the insured parties. Each required time the policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named thereinis initially obtained, and (B) any proceeds shall be first payable increased from time to LESSOR time if and to the extent necessary to maintain full replacement value coverage. (c) Business Interruption Insurance. Loss of income or business interruption insurance in such amounts as will reimburse Subtenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of access to the Subleased Premises or to the holder Building as a result of any mortgage encumbering the Leased Premises as their respective interests may appearsuch perils. As of the commencement of the term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunder.11.2

Insurance; Waiver of Subrogation. LESSOR agrees to keep the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than One Million ($1,000,000 1,000,000) Dollars for property damage, Five Hundred Thousand ($500,000 500,000) Dollars for injury or death of one person, and One Million ($1,000,000 for injury or death of more than one person 1,000,000) Dollars in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled canceled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds (other than for LESSEE's personal property insurance) shall be first payable to LESSOR or to the holder of any mortgage encumbering the Leased Premises Premises, as their respective interests may appear. As of the commencement of the term Term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party party, notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. LESSOR agrees to keep Landlord shall maintain property damage insurance covering the Building through the N.C. League of Municipalities. Throughout the term of the lease, Tenant at its sole cost and LESSEE agrees to expense shall keep for the mutual benefit of Landlord and Tenant (with appropriate cross-liability endorsements so showing) public liability and contents property damage insurance with combined single limited coverage of at least $1.0 million, which policies insure against all liability of Tenant, Tenant's authorized representatives, and anyone for whom Tenant is responsible arising out of or in connection with Tenant's use of the Leased Premises. All such policies shall be non-accessible and shall contain language, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent obtainable, without payment of a premium over that chargeable without such language, that (a) any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than $1,000,000 for property damage, $500,000 for injury or death of one person, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder loss shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, payable notwithstanding any act or omission negligence of LESSEE which Landlord or Tenant that might otherwise result in forfeiture of said the insurance: , (Ab) it shall that the policies are primary and non-contributing with any insurance that Landlord may carry, and (c) that they cannot be cancelled nor its coverage reduced without at least ten (10) days prior written or changed except after 10 days' notice to each insured named thereinLandlord. Anything in this lease to the contrary notwithstanding, to the extent covered by insurance, Landlord releases and waives unto Tenant, its successors and assigns, and (B) Tenant releases and waives unto its Landlord, its successors and assigns, all rights to claim damages for any proceeds shall be first payable injury, loss, cost, or damage to LESSOR persons or to the holder of any mortgage encumbering the Leased Premises as their respective interests may appear. As of the commencement of the term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises which is occasioned by fire, explosion, accident, occurrence or property therein condition in, on or occurrences thereon shall include a clause about the Leased Premises or endorsement denying any other casualty, if, and only if, the amount of which injury, loss, cost or damage has been paid either to Landlord, Tenant, or other damaged person, firm, or corporation, under the terms of any existing, prior, extended coverage, public liability, or other policy of insurance, to the extent such releases or waivers are permitted under applicable law. All policies of insurance carried or maintained pursuant to this lease shall contain or be endorsed to contain a provision whereby the insurer waives all rights of subrogation against either Tenant or Landlord provided that such a provision shall be obtainable. If insurance policies with such waiver of subrogation provisions shall not be obtainable or shall be obtainable only at a premium over that chargeable without such waiver, the other party seeking such policy shall pay such additional premium. If any provision relating to a waiver of subrogation contained herein shall contravene any present of future law with respect to exculpatory agreements, the liability of the party affected shall be deemed not released but shall be secondary to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunderother's insurer.

Insurance; Waiver of Subrogation. LESSOR agrees to keep the Building (and LESSEE agrees to keep the Leased Premises, and all LESSEE's equipment, machinery and fixtures therein therein) insured in amounts equal to the actual cash value replacement cost of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive 14 general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease lease or as a matter of law, in amounts not less than $1,000,000 500,000 for property damage, $500,000 for injury or death of one person, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance insurance, shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled canceled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds shall be first payable to LESSOR or to the holder of any mortgage encumbering the Leased Premises Premises, as their respective interests may appear. As of the commencement of the term Term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights 15 of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party party, notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunder.

Insurance; Waiver of Subrogation. LESSOR Landlord agrees to keep maintain an "all risk" insurance policy covering the Building and LESSEE agrees to keep the Leased Premises, and all equipment, machinery and fixtures therein insured in amounts an amount equal to the actual cash value "replacement cost" thereof, insuring against the perils of fire, lightning, vandalism, malicious mischief and loss of rent and all other risks of direct physical loss. Subject to the provisions of this Lease, such insurance for the Building shall be for the sole benefit of Landlord and under its sole control. Tenant agrees to pay to Landlord, as Additional Rent, Tenant's Share of Landlord's cost of maintaining such insurance, together with such other insurance as Landlord deems reasonable and prudent Said payments shall be made to Landlord immediately upon presentation to Tenant of Landlord's statement setting forth the amount due, which statement shall be accompanied by a copy of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused premium notice received by activities or conditions within Landlord. In the Leased Premises and indemnifying LESSOR to the extent event any such claims and demands are amount is not paid within twenty (20) days after the responsibility or obligation presentation to Tenant of LESSEE the amount so due, the unpaid amount shall bear interest at the Maximum Rate from the date of such presentation until paid by Tenant Any payment to be made pursuant to this paragraph with respect to the year in which this Lease commences, expires or otherwise terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this Lease bears to a matter full year. Tenant shall procure and maintain throughout the term of lawthis Lease a policy or policies of general commercial liability insurance, at its sole cost and expense, naming as additional insureds Landlord, and Landlord's managing agent and Tenant against all claims, demands or actions arising out of or in amounts connection with: (i) the Premises; (ii) the condition of the Premises; (iii) Tenant's operations in and maintenance and use of the Premises; and (iv) Tenant's liability assumed under this Lease, the limits of such policy or policies to be in the amount of not less than $1,000,000 for property damage, $500,000 for injury or death of one person2,000,000.00 combined single limited/aggregate coverage. All such policies shall be procured by Tenant from responsible insurance companies satisfactory to Landlord, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder any such coverage shall be written deemed primary and non-contributory to any liability coverage secured by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSORLandlord. Certificates evidencing such coverage, which approval shall not be unreasonably withheld. All policies together with receipts evidencing payment of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide thatpremiums therefor, notwithstanding any act or omission of LESSEE which might otherwise result in forfeiture of said insurance: (A) it shall not be cancelled nor its coverage reduced without at least ten (10) days prior written notice to each insured named therein, and (B) any proceeds shall be first payable delivered to LESSOR or Landlord prior to the holder Commencement Date of any mortgage encumbering the Leased Premises as their respective interests may appearthis Lease. As of the commencement of the term hereof, and thereafter not Not less than fifteen (15) days prior to the expiration dates date of such coverage, certificates evidencing the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates renewal thereof including photocopies of the original policies, shall be delivered to LESSORLandlord. Any insurance carried by either party with respect Such certificates shall further provide that not less than thirty (30) days written notice shall be given to the Leased Premises Landlord before such coverage may be canceled or property therein or occurrences thereon shall include a clause or endorsement denying to the insurer rights of subrogation against the other party to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party notwithstanding any provisions of changed Anything in this Lease to the contrarycontrary notwithstanding, hereby waives the parties hereto waive any and all rights of recovery claim, action or cause of action against each other, their agents, partners, officers, and employees, for any loss or damage that may occur to the Premises hereby demised, or any improvements thereto, or the Building, or any improvements thereto, by reason of fire, the elements, or any other cause which could be insured against under the terms of "all-risk" insurance policies, regardless of cause or origin, including negligence of the parties hereto, their agents, partners, officers, and employees. Each party shall cause any policy of insurance carried by it to include a waiver of subrogation in favor of the other for injury party affecting the waiver of loss due to hazards covered by such insurance to claims set forth in the extent of the indemnification received thereunderimmediately preceding sentence.

Insurance; Waiver of Subrogation. LESSOR agrees to keep Landlord shall maintain property damage insurance covering the Building through the N.C. League of Municipalities. Throughout the term of the lease, Tenant at its sole cost and LESSEE agrees to expense shall keep for the mutual benefit of Landlord and Tenant (with appropriate cross-liability endorsements so showing) public liability and contents property damage insurance with combined single limited coverage of at least $1.0 million, which policies insure against all liability of Tenant, Xxxxxx's authorized representatives, and anyone for whom Xxxxxx is responsible arising out of or in connection with Tenant's use of the Leased Premises. All such policies shall be non-accessible and shall contain language, and all equipment, machinery and fixtures therein insured in amounts equal to the actual cash value of the same, against fire and other perils included in a standard extended coverage endorsement, and against breakdown of boilers and other machinery and equipment, and LESSEE agrees to procure and keep in force comprehensive general liability insurance indemnifying LESSEE against all claims and damages for any injury to or death of person or damage to property which may be claimed to have occurred upon or to have been caused by activities or conditions within the Leased Premises and indemnifying LESSOR to the extent obtainable, without payment of a premium over that chargeable without such language, that (a) any such claims and demands are the responsibility or obligation of LESSEE pursuant to this Lease or as a matter of law, in amounts not less than $1,000,000 for property damage, $500,000 for injury or death of one person, and $1,000,000 for injury or death of more than one person in a single accident. LESSOR agrees to maintain insurance for the full replacement cost value of the Building. All insurance required hereunder loss shall be written by insurance carriers qualified to do business and in good standing in Massachusetts and approved by LESSOR, which approval shall not be unreasonably withheld. All policies of insurance shall name LESSOR and LESSEE as the insured parties. Each required policy of insurance shall provide that, payable notwithstanding any act or omission negligence of LESSEE which Landlord or Tenant that might otherwise result in forfeiture of said the insurance: , (Ab) it shall that the policies are primary and non-contributing with any insurance that Landlord may carry, and (c) that they cannot be cancelled nor its coverage reduced without at least ten (10) days prior written or changed except after 10 days' notice to each insured named thereinLandlord. Anything in this lease to the contrary notwithstanding, to the extent covered by insurance, Landlord releases and waives unto Tenant, its successors and assigns, and (B) Xxxxxx releases and waives unto its Landlord, its successors and assigns, all rights to claim damages for any proceeds shall be first payable injury, loss, cost, or damage to LESSOR persons or to the holder of any mortgage encumbering the Leased Premises as their respective interests may appear. As of the commencement of the term hereof, and thereafter not less than fifteen (15) days prior to the expiration dates of the expiring policies, the original policies to be obtained by LESSEE hereto issued by the respective insurers or certificates thereof including photocopies of the original policies, shall be delivered to LESSOR. Any insurance carried by either party with respect to the Leased Premises which is occasioned by fire, explosion, accident, occurrence or property therein condition in, on or occurrences thereon shall include a clause about the Leased Premises or endorsement denying any other casualty, if, and only if, the amount of which injury, loss, cost or damage has been paid either to Landlord, Tenant, or other damaged person, firm, or corporation, under the terms of any existing, prior, extended coverage, public liability, or other policy of insurance, to the extent such releases or waivers are permitted under applicable law. All policies of insurance carried or maintained pursuant to this lease shall contain or be endorsed to contain a provision whereby the insurer waives all rights of subrogation against either Tenant or Landlord provided that such a provision shall be obtainable. If insurance policies with such waiver of subrogation provisions shall not be obtainable or shall be obtainable only at a premium over that chargeable without such waiver, the other party seeking such policy shall pay such additional premium. If any provision relating to a waiver of subrogation contained herein shall contravene any present of future law with respect to exculpatory agreements, the liability of the party affected shall be deemed not released but shall be secondary to the extent rights have been waived by the insured prior to occurrence of injury or loss. Each party notwithstanding any provisions of this Lease to the contrary, hereby waives any rights of recovery against the other for injury of loss due to hazards covered by such insurance to the extent of the indemnification received thereunderother's insurer.