Common use of Lessee’s Insurance Clause in Contracts

Lessee’s Insurance. Lessee shall, during the entire term of the Lease, keep in full force and effect (i) a policy of commercial general liability insurance for bodily injury and property damage with respect to the Leased Premises and the business operated by Lessee and/or any subcontractors or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Lease. Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice of any cancellation, nonrenewal, or material modifications of such policies.

Lessee’s Insurance. Lessee shall, during the entire term of the Lease, shall keep in full force and at its own expense, so long as this Lease remains in effect the following, naming Lessor as a named insured: (ia) a policy of commercial general liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to bodily injury and death and property damage, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Lessee’s personal property in the Premises and all improvements to the Premises by or on behalf of Lessee; (c) if, and to the extent, required by law, workers compensation or similar insurance offering statutory coverage and containing statutory limits; (d) business interruption insurance in an amount sufficient to reimburse Lessee for loss of earnings attributable to prevention of access to the Premises for a period of at least twelve (12) months; and (e) Comprehensive Automobile liability insurance insuring bodily injury and property damage arising from all owned, non-owned and hired vehicles, if any, with respect to the Leased Premises and the business operated by Lessee and/or any subcontractors or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have minimum limits of liability of not less than Ten Million Dollars ($10,000,000.00) 1,000,000 combined single limit, per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverageaccident. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder maintained in companies and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory form reasonably acceptable to Lessor and shall be for the sole account of Lesseewritten as primary policy coverage. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish deposit the evidence of such required insurance with Lessor prior to the Commencement Date Date, which certificates shall name Lessor or its designee and, at the request of Lessor, its mortgagees, as named insureds and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Lessor or its designees unless the cause for cancellation is non-payment, in which case only ten (10) days’ written notice shall be required.; except, however, with a certificate or certificates respect to Lessee’s all-risk property and casualty insurance referenced in (ii) above covering Lessee’s personal property in the Premises, the aforementioned parties shall not be named as additional insured. All such policies of insurance or other acceptable evidence that such insurance is shall be effective as of the date Lessee occupies the Premises and shall be maintained in force at all times during the tenancy Term of this Lease. Lease and all other times during which Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice of any cancellation, nonrenewal, or material modifications of such policiesoccupy the Premises.

Lessee’s Insurance. Lessee shall, during the entire term of the Lease, shall keep in full force and effect throughout the Term: (ia) a Commercial General Liability insurance policy or policies to protect the Lessor Entities against any liability to the public or to any invitee of commercial general liability insurance for Lessee or a Lessor Entity incidental to the use of or resulting from any accident occurring in or upon the Leased Premises with a limit of not less than $1,000,000 per occurrence and not less than $2,000,000 in the annual aggregate, or such larger amount as Lessor may prudently require from time to time, covering bodily injury and property damage liability and $2,000,000 products/completed operations aggregate; (b) Business Auto Liability covering non-owned and hired vehicles with respect a limit of not less than $1,000,000 per accident; (c) Worker’s Compensation Insurance with limits as required by statute with Employers Liability with limits of $100,000 each accident, $500,000 disease policy limit, $100,000 disease—each employee; (d) All Risk or Special Form coverage protecting Lessee against loss of or damage to the Leased Premises Lessee’s alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory and the other business operated by Lessee and/or any subcontractors personal property situated in or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of about the Leased Premises to the full replacement value of the property so insured; (e) Business Interruption Insurance with limit of liability representing loss of at least approximately six (6) months of income; and (f) Excess Liability in the amount of $6,000,000. The aforesaid policies shall (a) be named provided at Lessee’s expense; (b) name the Lessor Entities as additional named insureds on (General Liability) and loss payee (PropertyCSpecial Form); (c) be issued by an insurance company with a minimum Best’s rating of ‘A-:VII’ during the Lessee’s commercial general liability policy, hull Term; and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability of not less than Ten Million Dollars ($10,000,000.00d) per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary said insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Lease. Lessee shall be given canceled unless thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice (ten days for non-payment of premium) shall have been given to Lessor; a certificate of Liability insurance on XXXXX Form 25 and a certificate of Property insurance on XXXXX Form 28 shall be delivered to Lessor by Lessee upon the Commencement Date and at least thirty (30) days prior to each renewal of said insurance. Whenever Lessee shall undertake any alterations, additions or improvements in, to or about the Leased Premises (‘Work’) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Lessor shall require; and the policies of or certificates evidencing such insurance must be delivered to Lessor prior to the commencement of any cancellationsuch Work. It is the intent of both parties to this Lease that all insurance, nonrenewalprimary and umbrella, purchased by Lessee in compliance with this Lease, will be primary to any other insurance owned, secured, or material modifications in place by Lessor, which insurance shall not be called upon by Lessee’s insurer to contribute in any way. Lessee shall secure endorsements to this effect from all insurers of such policies.”

Lessee’s Insurance. Lessee shallLessee, during in order to enable it to meet its obligations to insure against the entire term of the liabilities specified in this Lease, keep in full force and effect (i) a policy of commercial general liability insurance for bodily injury and property damage with respect to the Leased Premises and the business operated by Lessee and/or any subcontractors or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy Lease Term, at its own expense, for the protection of this LeaseLessee, Lessor, Lessor’s mortgagee and Lessor’s management agent, as their interests may appear, carry one or more policies of general public liability and property damage insurance, issued by one or more insurance companies acceptable to Lessor, with the following minimum coverages: Policy Type: Minimum Coverages: Worker’s Compensation Minimum Statutory Amount Comprehensive General Liability Insurance, including blanket contractual liability, broad form property damage, personal injury, completed operations, products liability and fire damage. Lessee Not Less than $1,000,000 combined single limit for both bodily injury and property damage. Fire and extended coverage, vandalism and malicious mischief, and sprinkler leakage insurance Full cost of replacement of Lessee’s property and fixtures located in the Demised Premises Such insurance policy or policies shall name Lessor, Lessor’s mortgagee and Lessor’s management agent as additional insureds and shall provide that such insurance may not be given thirty (30) (or canceled on less than ten (10) days if cancellation is for non - payment of premiums) days prior written notice to Lessor. Lessee shall furnish Lessor with a copy of all certificates evidencing such insurance. Should Lessee fail to carry such insurance and/or furnish Lessor with a copy of all such certificates within five (5) days after a request to do so, Lessor shall have the right to obtain such insurance and collect the cost thereof from Lessee upon demand. Neither the minimum insurance coverages required herein, nor the types of insurance coverages required hereby shall be interpreted or construed as any cancellation, nonrenewal, or material modifications of such policieslimitation on Lessee’s liability under this Lease.

Lessee’s Insurance. Lessee shall, at all times during the entire term of the LeaseTerm, keep maintain in full force and effect at Lessee’s sole cost and expense: (i) a policy Workers’ Compensation insurance with limits of commercial general liability insurance for bodily injury and property damage with respect to the Leased Premises and the business operated coverage as required by Lessee and/or any subcontractors or suppliers doing business on the Leased Premises, California law; (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity Employer’s Liability insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits with a limit of liability of not less than Ten Two Million Dollars ($10,000,000.002,000,000.00) per occurrence; (iii) Commercial Public Liability insurance, including property damage coverage, covering the Premises and the operations of Lessee, with a combined single limit of liability of not less than Two Million Dollars ($2,000,000.00) per occurrence; (iv) Automobile Liability Insurance, including non-owned automobile liability coverage, whether primary limits with a limit of liability of not less than Two Million Dollars ($2,000,000.00); (v) plate glass insurance coverage on all exterior plate glass in the Premises; and (vi) so called “All-Risk” hazard insurance (including vandalism, malicious mischief and sprinkler leakage coverage) covering all of Lessee’s leasehold improvements, furniture, fixtures, equipment and personal property located in, on or about the Premises, the Building or the Property in combination with excess or umbrella coveragean amount equal to the full amount of the replacement cost of such leasehold improvements, furniture, fixtures, equipment and personal property. Such policies All such insurance shall be further endorsed written by one or more insurance companies rated A+/X or better in “Best’s Insurance Guide,” or such other rating as may be required by any lender holding a lien on the Property, and licensed to provide that they are do business and to issue insurance in California. Lessee’s Commercial Public Liability insurance shall name Lessor, and such other persons, firms, or corporations as may be designated from time to time by Lessor, as additional insureds, shall be written as primary insurance as respects such additional named insureds, regardless of and not contributing with any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder that Lessor may carry and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver contractual liability endorsement covering the indemnity obligations of subrogation Lessee set forth in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Lease. The insurance required by this Paragraph 7(a) may be covered by general or blanket policies covering all of Lessee’s locations, provided that the coverage afforded the Premises or Lessor is not diminished thereby. All insurance to be maintained by Lessee shall be given thirty (30endorsed to require the insurance company issuing each policy of insurance to give Lessor at least thirty(30) (or ten (10) days if cancellation is for non - payment of premiums) days days’ prior written notice of any cancellationchange, nonrenewalcancellation or lapse of coverage or the effective date of any reduction in the amount of coverage under such policy. Any deductibles on the insurance to be maintained by Lessee pursuant to this Paragraph 7(a) shall be subject to the approval of Lessor. The limits of liability on any of the insurance policies required to be maintained by Lessee are not intended to, or material modifications and shall not, limit Lessee’s liability under this Lease. If, in the opinion of Lessor’s insurance advisor, the amount of any such coverage is deemed inadequate at any time during the Term, Lessee agrees to increase said coverage to such amounts as Lessor’s insurance advisor shall deem appropriate. Upon the Commencement Date and thereafter not less than thirty (30) days prior to the expiration of any policy of such policiesinsurance, Lessee shall provide Lessor, and all persons designated by Lessor, with certificates of insurance or copies of insurance policies (as requested by Lessor) evidencing the effectiveness of the insurance required to be maintained by Lessee, together with evidence that the premiums for such insurance have been paid in advance for a period of not less than twelve (12) months. Lessee shall not borrow against any of such prepaid insurance premiums. If Lessee fails to maintain any such insurance or to provide evidence of the effectiveness of such insurance as required in this Paragraph 7(a), Lessor shall have the right, but not the obligation, to obtain any such insurance and to pay the premiums therefor, and in such event the entire amount of such premiums paid by Lessor, together with an administrative fee of ten percent(10%) and interest on such premiums and administrative fee at the Interest Rate, shall be immediately due and payable by Lessee to Lessor as Additional Charges. Any proceeds from Lessee’s “All-Risk” hazard insurance shall be used by Lessee solely for the repair or replacement of the leasehold improvements, furniture, fixtures, equipment, and personal property so insured so long as this Lease is in effect. It is understood that Lessor shall have no interest in the proceeds of the “All-Risk” hazard insurance upon Lessee’s leasehold improvements, furniture, fixtures, equipment, and personal property, provided that such proceeds are applied in accordance with the requirements of this Paragraph 7(a).

Lessee’s Insurance. Lessee shall, at Lessee's expense, obtain and keep in force during the entire term of the LeaseTerm, keep in full force and effect (i) a policy of commercial general liability insurance for policy insuring Lessee against the risks of, bodily injury and property damage with respect to damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and the business operated by Lessee and/or all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than One Million Dollars ($1,000,000) per occurrence with a Two Million Dollar ($2,000,000) annual aggregate; and an umbrella policy of Three Million Dollars ($3,000,000) for any subcontractors or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverageone occurrence. Lessee shall cause Lessor and the owner of the Leased Premises to any lender or other party in interest designated by Lessor shall be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policiesinsured(s). The commercial general liability, protection and indemnity, and automobile policy shall contain cross liability polices shall have limits of liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor endorsements and shall be for insure performance by Lessee of the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy indemnity provisions of this Lease; shall be primary, not contributing with, and not in excess of coverage which Lessor may carry; shall state that Lessor is entitled to recovery for the negligence of Lessee even though Lessor is named as an additional insured; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insured; and shall afford coverage after the Term (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the Term. The limits of said insurance shall not limit any liability of Lessee hereunder. Not more frequently than every three (3) years, if, in the reasonable opinion of Lessor, the amount of liability insurance required hereunder is not adequate, Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice of any cancellation, nonrenewal, or material modifications of such policiespromptly increase said insurance coverage as required by Lessor.

Lessee’s Insurance. Lessee shall, during shall procure and maintain throughout the entire term Term of the this Lease, keep in full force and effect : (i) a policy of commercial general liability insurance policy, including insurance against assumed or contractual liability under this Lease, for bodily injury liability arising out of Lessee’s operations in, and property damage the use, occupancy or maintenance of, the Premises and all areas appurtenant thereto, including any portion of the common areas used by Lessee, to afford protection with respect to the Leased Premises and the business operated by Lessee and/or any subcontractors bodily injury, death or suppliers doing business on the Leased Premises, property damage (iiincluding loss of use) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability of not less than Ten One Million Dollars ($10,000,000.001,000,000) per each occurrence/Two Million Dollars ($2,000,000) general aggregate, single limit and in the event property of Lessee’s invitees or customers are kept in or about the Premises, warehouser’s legal liability or bailee customers insurance for the full value of the property of such invitees or customers; (ii) an all-risks property and casualty insurance (special form building and personal property coverage) policy, including theft coverage, whether primary limits or in combination written at replacement cost value with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insuredsreplacement cost endorsements, regardless covering all of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering the Lessee’s indemnity obligations hereunder and pollution coverage. All policiesproperty; (iii) a worker’s compensation insurance policy with applicable statutory limits, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds Lessor, (iv) automobile liability insurance with single limit coverage of at least $1,000,000 for all owned, leased/hired or non-owned vehicles, (v) an excess/umbrella liability policy “following form” of not less than Two Million Dollars ($2,000,000), including a “drop down” feature in case the limits of the primary policy are exhausted, and provide that such named additional assureds shall (vi) in the event Lessee will generate, handle or store Hazardous Materials (as defined in Section 5.4 above) at the Premises, pollution legal liability insurance of not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lesseeless than One Million Dollars ($1,000,000). All such policies shall be occurrence as opposed to claims made policies based and shall not contain annual provide primary/ non- contributory coverage to Lessor (any policy issued to Lessor providing duplicate or other aggregates. The insurers on all such policies similar coverage shall be deemed excess over Lessee's policies), and shall be procured by Lessee from responsible insurance companies satisfactory to Lessor that are rated A or better no less than A-, Class VII, by A.M. Best & Co. Company. All commercial general liability, automobile liability and, if applicable, warehouser’s legal liability or bailee customers insurance policies shall include an “Additional Insured Endorsement” and a “Waiver of Subrogation Endorsement” in favor of Lessor, its affiliated companies, as well as the employees, officers, directors and agents of such companies and any other designees of Lessor. The limits and types of insurance maintained by Lessee shall furnish not limit Lessee’s liability under this Lease. Lessor prior may also require all contractors performing work at the Premises for Lessee to provide in addition to the insurance coverages referenced above such other insurance in amounts and types and with such companies as may be reasonably requested by Lessor, including, without limitation, construction all risk/builder’s risks (including loss of revenue) insurance, professional errors and omissions liability insurance, and insurance covering such contractor’s equipment and tools. Certificates of insurance in a form reasonably satisfactory to Lessor, or certified copies of the policies, shall be furnished to Lessor or Lessor’s designee (e.g. myCOI) in a manner designated by Lessor on or before the earlier of the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Lease. Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment after execution of premiumsthe Lease, reflecting the limits and endorsements required herein, and renewal certificates or certified copies of renewal policies shall be delivered to Lessor or its designee at least ten (10) days prior to the expiration date of any policy. If available to Lessee, each policy shall require notice of nonrenewal to Lessor and shall further provide that it may not be altered or canceled without thirty (30) days prior notice to Lessor. Notwithstanding the foregoing, Lessee shall provide notice within thirty (30) days to Lessor if any policy for insurance that Lessee is required to maintain under this Lease is altered and such alteration does not comply with the Lease requirements, or is canceled. Lessor agrees to cooperate with Lessee to the extent reasonably requested by Lessee to enable Lessee to obtain such insurance. Lessor shall have the right to require increased limits and/or specific additional coverages if, in Lessor’s reasonable judgment, either is necessary. If Lessee fails to comply with the foregoing requirements relating to insurance, Lessor may, following ten (10) days written notice to Lessee, obtain such insurance and Lessee shall pay to Lessor within thirty (30) days of any cancellation, nonrenewal, or material modifications receipt of such policiesinvoice the premium cost thereof.

Lessee’s Insurance. Lessee, at its sole expense, shall maintain in effect at all times insurance coverages with limits not less than those set forth below with financially responsible insurers licensed to do business in the State of Texas and reasonably acceptable to Owner and under forms of policies reasonably satisfactory to Owner. The requirements contained herein as to types, limits or Owner's approval of insurance coverage to be maintained by Lessee shallare not intended to and shall not in any manner limit, during qualify or quantify the entire term of liabilities and obligations assumed by Lessee under this Lease or otherwise provided by law. Commercial General Liability Coverage Minimum Amounts and Limits General Aggregate $2,000,000 (subject to increase to $5 million after the LeaseConstruction Commencement Date) Products & Completed Operations Aggregate $1,000,000 (subject to increase to $2 million after the Construction Commencement Date) Each occurrence $1,000,000 (subject to increase to $2 million after the Construction Commencement Date) Personal Injury (Advertising Injury excluded) $1,000,000 (subject to increase to $2 million after the Construction Commencement Date) Fire Damage, keep in full force and effect Any One Fire $250,000 Medical Payments, Each Person $10,000 Umbrella/Excess Liability (ionly required after the Construction Commencement Date) a policy of commercial general liability insurance for bodily injury and property damage with respect Aggregate $10,000,000 Worker’s Compensation (only required after the Construction Commencement Date) Statutory Limits (to the Leased Premises and extent exposure exists) Employer’s Liability (only required after the business operated by Lessee and/or any subcontractors or suppliers doing business on Construction Commencement Date to the Leased Premisesextent exposure exists) Each Accident $1,000,000 Disease - Each Employee $1,000,000 Disease - Policy Limit $1,000,000 Business Auto Liability (only required after the Construction Commencement Date) Covering all owned (if any), (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels non-owned or charteredhired automobiles, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have with limits of liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence, 1,000,000 single limit coverage, whether primary limits or in combination with excess or umbrella coverageof liability per accident for Bodily Injury and Property Damage. Such All policies shall be further on a form reasonably acceptable to Owner, endorsed to provide that they are primary insurance include the Owner as respects such additional named insureds, regardless not modify the separation of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policiesinsured language in the policy, including the workers’ compensation and employer’s liability policies shall include a full contain waiver of subrogation language in favor of such named additional assureds the Owner, delete the exclusions for liability assumed under the Lease, and provide contain no modification that such named additional assureds shall not be liable for premiums. All deductibles would make Xxxxxx's policy excess over or contributory with Owner's liability insurance, and self insured retentions shall be in amounts satisfactory to Lessor and shall be for include the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Lease. Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice of any cancellation, nonrenewal, or material modifications of such policies.following coverages:

Lessee’s Insurance. Lessee shall, shall at all times during the entire term Term of the LeaseLease and all renewals and extensions thereof, at Lessee’s sole cost and expense, insure and keep in effect on the Demised Premises the following insurance coverages: Commercial general liability insurance and property damage insurance written on an occurrence basis, naming Lessor and its agents, mortgagees and employees as additional insureds, under policies issued by insurers of recognized responsibility combined single limit with respect to each occurrence in the amount of Five Million Dollars ($5,000,000) (using any combination of primary and umbrella insurance; provided, however, that if an umbrella policy is used, Lessee must provide Lessor with evidence that such coverage is on a follow-form basis) for injury (or death) to persons and damage to property (including the loss of use thereof), occurring upon, in, or about the Demised Premises and for: products liability; liability relating to the sale or distribution of food and/or beverages in the Demised Premises (if such is a Permitted Use of the Demised Premises hereunder); punitive damages awarded by virtue of the conduct of Lessee (to the full force extent insurable and effect (i) reasonably available); and broad form contractual liability assumed under this Lease. To satisfy the liability insurance requirements of this Section, Lessee must obtain under a policy of commercial general liability insurance for bodily injury and property damage with respect insurance, an endorsement which applies the aggregate limits separately to the Leased Demised Premises (ISO Endorsement CG-25-05-11-85, Amendment-Aggregate Limits of Insurance [per location] or an equivalent endorsement satisfactory to Lessor). All risk fire and extended coverage insurance on a repair and replacement basis at full insurable replacement cost and in form satisfactory to Lessor on all improvements to the business operated by Lessee and/or any subcontractors or suppliers doing business on the Leased Demised Premises, (ii) full naming Lessor as the loss payee and naming Lessor, its mortgagees, agents and employees, the Managing Agent and its employees and such additional interested parties as Lessor may from time to time request be named as additional insureds. Lessee also agrees to carry such all risk insurance in form hull and machinery amount satisfactory to Lessor on American Institute Time Hull Clauses Lessee’s Work and protection Lessee’s trade fixtures, furnishings, wall covering, carpeting, equipment and indemnity insurance all other items of personal property of Lessee located on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at within the Leased Demised Premises, (iii) automobile liability coverageincluding said property during the course of construction of any improvements to the Demised Premises including Lessee’s Work. Worker’s compensation insurance containing statutory limits covering Lessee’s employees and business operations within any statutory jurisdictions that may apply, and (iv) workers’ compensation and as well as employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability providing coverage of not less than Ten One Million ($1,000,000.00) Dollars each accident, One Million ($1,000,000.00) Dollars bodily injury by disease each employee and One Million ($1,000,000.00) Dollars bodily injury by disease policy limit. Automobile insurance coverage (any auto) with limits of not less than Five Million Dollars ($10,000,000.005,000,000) per occurrenceoccurrence (using any combination of primary and umbrella insurance; provided, single limit coveragehowever, whether primary limits or in combination that if an umbrella policy is used, Lessee must provide Lessor with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such coverage is on a follow-form basis). Such other insurance is in force at all times during the tenancy or such increased insurance amounts as Lessor or any mortgagee of this Lease. Lessee shall be given thirty (30) (or ten (10) days if cancellation is for non - payment of premiums) days prior written notice of any cancellation, nonrenewal, or material modifications of such policiesLessor may reasonably require from time to time.

Lessee’s Insurance. Lessee shall, during the entire term of the Lease, keep in full force and effect (i) a policy of commercial general liability insurance for bodily injury and property damage with respect to the Leased Premises and the business operated by Lessee and/or any subcontractors or suppliers doing business on the Leased Premises, (ii) full form hull and machinery on American Institute Time Hull Clauses and protection and indemnity insurance on SP-23 form or equivalent covering any vessels owned or chartered, time or bareboat, by Lessee and docked at or operating at the Leased Premises, (iii) automobile liability coverage, and (iv) workers’ compensation and employer’s liability insurance including Longshoremen’s and Harbor Workers’ Compensation coverage, borrowed servant, and voluntary compensation coverage. Lessee shall cause Lessor and the owner of the Leased Premises to be named as additional named insureds on the Lessee’s commercial general liability policy, hull and machinery, protection and indemnity, and automobile liability policies. The commercial general liability, protection and indemnity, and automobile liability polices shall have limits of liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence, single limit coverage, whether primary limits or in combination with excess or umbrella coverage. Such policies shall be further endorsed to provide that they are primary insurance as respects such additional named insureds, regardless of any excess or other insurance clauses therein. Such policies shall further include contractual liability insurance covering Lessee’s indemnity obligations hereunder and pollution coverage. All policies, including the workers’ compensation and employer’s liability policies shall include a full waiver of subrogation in favor of such named additional assureds and provide that such named additional assureds shall not be liable for premiums. All deductibles and self insured retentions shall be in amounts satisfactory to Lessor and shall be for the sole account of Lessee. All such policies shall be occurrence as opposed to claims made policies and shall not contain annual or other aggregates. The insurers on all such policies shall be rated A or better by A.M. Best & Co. Lessee shall furnish Lessor prior to the Commencement Date with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy term of this LeaseLease and at its sole cost and expense, maintain (a) Comprehensive General Liability Insurance (including protective liability coverage on operations of independent contractors engaged in construction and, also, blanket contractual liability insurance) on an "occurrence" basis if available, otherwise on a "claims made" basis, for the benefit of Lessee and Lessor as named insured against claims for "personal injury" liability including without limitation bodily injury, death, or property damage liability with a limit of not less than Three Million Dollars ($3,000,000) in the event of "personal injury" to any number of persons or of damages to property arising out of any one "occurrence"; such insurance may be furnished under a "primary" policy and an "umbrella" policy, provided that it is primary insurance and not excess over or contributory with any insurance in force for Lessor; and (b) insurance against loss or damage by fire and such other risks and hazards as are insurable under present and future standard forms of fire and extended coverage insurance policies, to the personal property, furniture, furnishings, and fixtures belonging to Lessor located in the Premises for not less than 100% of the actual replacement value thereof Such insurance shall provide for a waiver of the insurer's right of subrogation against Lessor. Lessee All such insurance shall name Lessor as additional insured and shall be given effected under policies issued by insurers, shall be in forms and for amounts approved by Lessor, and shall provide that Lessor shall receive thirty (30) day's written notice from the insurer prior to cancellation or change of coverage. Lessee shall deliver policies of such insurance or certificates thereof to Lessor on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and in the event Lessee shall fail to procure such insurance or to deliver such policies or certificates, Lessor may, at its option, procure same for the account of Lessee, and the cost thereof shall be paid to Lessor within ten (10) days after the delivery to Lessee of bills therefor. Nothing contained in this paragraph 20 shall in any way limit the extent of Lessee's liability under any other provisions of this Lease. As long as their respective insurers so permit, Lessor and Lessee hereby mutually waive their respective rights of recovery against each other from any loss insured by fire, extended coverage, and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if cancellation is required by their insurer to evidence compliance with the aforementioned waiver. Provided, however, if Lessor's insurer charges an additional fee for non - payment of premiums) days prior written notice of any cancellationsuch endorsement, nonrenewal, or material modifications of such policiessaid additional fee shall be paid by Lessee.