Common use of Policies Clause in Contracts

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies Insurance required hereunder shall be written by companies rated AX or better in "Best's Insurance Guide" licensed to do business in the state in which the Premises are located and acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days of the expiration of such policies, furnished Landlord with renewals or "binders" thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this paragraph, Landlord may, but shall not be so increasedrequired to, Tenant shall furnish Landlord with evidence procure and maintain the same, but at the expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and businessbusinesses, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall (i) be written with insurance companies and shall be authorized to do business in form reasonably satisfactory the State of Illinois, acceptable to Landlord. All insurance policies shall , with a minimum A.M. Best rating of A-VII; (ii) name Landlord and Landlord’s mortgagee, if any, as an additional insured and loss payee as its interest their respective interests may appear and shall contain an Additional Insured Endorsement CG2011 11 85 or its equivalent; (iii) state that the insurance is primary and that the insurer shall not be required to seek contribution from any other insurance available to additional insureds; (iv) provide that they said policies may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ days advance written notice to LandlordLandlord and its mortgagee, if any; (v) provide that Landlord and its mortgagee, if any, shall receive written notice of non payment of all insurance premiums due and have the right to cure such non payment within ten (10) days after the receipt of said written notice; (vi) provide defense expense in addition to the limit of liability stated in the policy and (vii) contain a waiver of subrogation endorsement. All policies Tenant shall also contain an endorsement that furnish to Landlord, although named as an additional insuredprior to the Commencement Date, shall nevertheless such insurance required to be entitled carried by Tenant, and thereafter at least fifteen (15) days prior to recover for damages caused by the negligence expiration of Tenant. The minimum limits each such policy, certificates of insurance for any required insurance. If Tenant fails to submit such policies or certificates to Landlord within the specified time, or otherwise fails to obtain and maintain insurance coverages in accordance with this Article IX, then Landlord, at Landlord’s sole option may, but shall not be obligated to, procure such insurance on behalf of, and at the expense of, the Tenant, and if Landlord exercises such right and expends any funds to obtain such insurance, Tenant shall reimburse Landlord for such amounts upon demand, and such amounts shall constitute Additional Rent. Such a failure by Tenant to procure and deliver insurance as required by this Article IX shall in no way limit or diminish constitute a default hereunder, and such default shall not be cured by Landlord’s election to procure insurance on Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedbehalf.

Policies. All Such insurance policies shall be written carried with a financially responsible insurance company or companies and shall be in form reasonably satisfactory to Landlord. All insurance Landlord (if the insurer A.M. Best Rating is A minus or better is will be satisfactory), and may be carried under a policy or policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated covering other property owned or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused controlled by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any provided that such policy or policies allocate to the property required to be insured by this Article an amount not less than the amount of insurance required to be carried by Tenant with respect thereto pursuant to this Article. Tenant shall furnish to Landlord such evidence as Landlord may require that the insurance referred to in this Article is in full force and effect and that the total cost premiums therefor have been paid, and expense (including reasonable attorneys’ fees) thereof all rental policies or certificates of insurance shall be immediately paid by Tenant delivered to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within less than thirty (30) days after demand by Landlord prior to the date of expiration of the then existing policy. Tenant agrees that such policies shall contain a provision that the minimum amount same may not be cancelled without at least thirty (30) days prior written notice being given by the insurer to Landlord, and the holder of any coverage mortgages on the Leased Premises. It is agreed that such insurance shall be so increasedcarried for the mutual benefit and protection of Landlord, Tenant, and the holder of any mortgages on the Leased Premises as their interests may appear. All monies collected from such insurance shall be applied on account of the obligation of Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demandto repair and/or rebuild the improvements on the Leased Premises pursuant to this Lease. Tenant may maintain The parties hereto agree that the policy or policies providing the insurance required which Tenant is obligated to maintain under the terms of this Section 9 Article may be made payable to the holder of any mortgages on the fee interest of the Leased Premises as part of its interests may appear under a blanket policy covering all of Tenant’s property and businessstandard mortgagee endorsement, provided such mortgagee(s) agrees that it will in the coverages required under Section 9.1 are maintainedevent of loss make the proceeds of such insurance available to Tenant during the course of reconstruction and repair upon presentation of material and labor bills for work completed and such other reasonable requirements of such mortgagee(s) so that such monies may be used by Tenant to pay for the costs of such repair and restoration work. If at any time there is no such mortgage, the insurance proceeds shall be escrowed with a title insurance company or another party acceptable to the Landlord and the Tenant, and disbursed to pay for the costs of such repair and restoration work.

Policies. All insurance policies shall Each policy required to be written with insurance companies carried by Tenant hereunder and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) each renewal thereof shall be immediately paid issued by Tenant to Landlord an insurance carrier which is an “approved carrier” in the State of California having not less than a rating of A and a financial rating of not less than Class XI, as Additional Rent upon receipt of a bxxx thereforrated in the most recently published Best’s Insurance Guide, and any amount shall contain (A) a provision that it cannot so paid shall bear interest be cancelled or amended insofar as it relates to the Premises, without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after prior notice to Landlord and Landlord’s mortgagee(s), if any, and (B) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord, and that any and all coverage carried by Landlord is excess insurance. In addition, each such policy shall name Tenant, Landlord, Landlord’s mortgagee(s), if any and Landlord provides the name and address of such mortgagee to the carrier, and Landlord’s management agent, if any and Landlord provides the name address of such mortgagee to the carrier, as insureds, as their interests may appear. Certificates A duplicate original of all policies procured by Tenant in compliance with its obligation under this Section 14 (appropriately authenticated by the insurer) shall be delivered to Landlord at least thirty (30) days prior to the commencement of Tenant’s Work or otherwise upon demand by Landlord that Landlord, and thereafter, at least thirty (30) days prior to the minimum amount expiration of any coverage be so increasedsuch policy, provided, however, that if a duplicate original is not available thirty (30) days prior to commencement of Tenant’s Work, Tenant shall furnish Landlord with evidence a duplicate original of the insurance binder for such insurance together with an Additional Insured Endorsement, and provide Landlord with a duplicate original of the policy when such duplicate original first becomes available to Tenant (which shall, in all events, be not less than five (5) days prior to the commencement of Tenant’s compliance with such demandWork). Tenant may maintain In the insurance required under this Section 9 as part of a blanket policy covering all event of Tenant’s failure, in whole or in part, at any time during the Term hereof, to obtain insurance required to be carried by Tenant under the provisions hereof or to provide such evidence hereof in timely fashion, Landlord shall have the right (but shall not be obligated) upon ten (10) days written notice of its intent to do so, to procure such insurance and Tenant shall pay to Landlord the reasonable costs and expenses thereof together with an additional amount equal to ten percent (10%) thereof as an administrative fee. Subject to Landlord’s prior approval, Tenant may provide all or any of the property and businessinsurance required pursuant to this Section 14 by blanket policies covering all or a substantial number of Tenant’s locations, provided that Landlord’s coverage shall not be impaired or diminished thereby, subject to the coverages required under Section 9.1 are maintainedreceipt by Landlord of certified copies of the coverage sections for the Premises and Landlord’s approval thereof, not to be unreasonably withheld or delayed.

Policies. All Insurance required to be maintained by Tenant shall be by companies rated A VIII or better in Best’s Insurance Guide licensed to do business in Arizona and acceptable to Landlord. Tenant shall obtain, at its expense, endorsements to all insurance policies adding Landlord as additional insured and Tenant shall be written deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies shall name Landlord be written as an additional insured and loss payee as its interest may appear primary policies, and shall provide that they any insurance which Landlord or Landlord’s lender may not carry is strictly excess, secondary and non-contributing with any insurance carried by Tenant. No such policy shall be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days of the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this Section 10, Landlord may, but shall not be so increasedrequired to, Tenant shall furnish Landlord with evidence procure and maintain the same, at the expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written -------- with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or adversely modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All general liability insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than five (5) days prior to the Commencement Date for the insurance required in Section 9.1.A. above and not less than fifteen (15) days prior to the date any additional insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedbill xxxrefor.

Policies. All The insurance policies policy required to be obtained by Tenant under this Lease (i) shall be issued by an insurance company of recognized responsibility licensed to do business in the jurisdiction in which the Building is located with a rating of at least “A” and a financial rating of at least “Class X” (or such other rating as may be required by any lender having a lien on the Building) as set forth in the most recent edition of “Best Insurance Reports”, and (ii) shall be written as primary policy coverage and not contributing with or in excess of any coverage which Landlord may carry. Neither the issuance of any insurance companies and policy required under this Lease, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be in form reasonably satisfactory deemed to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated limit or modified restrict in any way which would materially decrease the protection afforded Landlord Tenant’s liability arising under or out of this Lease. With respect to each insurance policy required to be obtained by Tenant under this Section, on or before the Lease without Commencement Date, and at least seven (7) days before the expiration of any expiring policy or certificate previously furnished, Tenant shall deliver to Landlord a certificate of insurance therefor, together with evidence of payment of all applicable premiums. Each insurance policy required to be carried hereunder by or on behalf of Tenant shall provide (and any certificate evidencing the existence of each such insurance policy shall certify) that such insurance policy shall not be canceled unless Landlord shall have received thirty (30) days’ advance prior written notice of such cancellation. Any insurance required to Landlord. All be carried hereunder may be effected by a policy or policies of blanket insurance, covering additional items or locations; provided, however, that: (i) Landlord and any other parties in interest from time to time designated by Landlord to Tenant shall also contain an endorsement that Landlord, although be named as an additional insured, shall nevertheless be entitled to recover for damages caused by insureds and thereunder as its interests may appear; and (ii) the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for coverage afforded Landlord and any such insurance other parties in interest will not be reduced or Tenant’s failure to pay diminished by reason of the charges thereforuse of such blanket policy of insurance, Landlord may, at its option, on or after the tenth and (10thiii) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense shall specify therein (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, or Tenant shall furnish Landlord with evidence a written statement from the insurers under such policy specifying the same) the amount of the total insurance allocated to Tenant’s compliance with such demand. Tenant may maintain improvements and personal property in the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property Leased Premises; and business, provided that (iv) the coverages required under Section 9.1 requirements set forth herein are maintainedotherwise satisfied.

Policies. Insurance required hereunder shall be by companies rated A-:X or better in “A.M. Best’s Insurance Guide”. Insurers shall be licensed or authorized to do business in the state in which the Premises are located. Tenant shall deliver to Landlord certificates evidencing the existence and amounts of the required insurance. Tenant shall, within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or “binders” thereof. Neither party shall not do or permit to be done anything which shall invalidate the insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it under this Paragraph and such failure continues after the expiration of any applicable notice and cure periods under this Lease or the expiration of the applicable policy (whichever is sooner), the Landlord may, but shall not be required to, procure and maintain the same, but at the expense of Tenant. THE INSURANCE REQUIREMENTS HEREIN ARE MINIMUM REQUIREMENTS FOR THIS CONTRACT AND IN NO WAY LIMIT THE INDEMNITY COVENANTS CONTAINED IN THIS LEASE. All insurance policies shall be written as primary policies, with insurance companies and deductibles not to exceed 10% of the amount of coverage. For purposes of the preceding sentence, the 10% shall be calculated based on the aggregate coverage under any applicable primary and umbrella policies. Any other policies, including any policy now or hereafter carried by Landlord or any lender, shall serve as excess coverage. In the event of any transfer by Landlord of Landlord’s interest in form reasonably satisfactory the Premises or any financing or refinancing of Landlord’s interest in the Premises, Tenant shall, upon not less than twenty (20) days’ prior written notice, deliver to Landlord. All Landlord or any lender providing such financing or refinancing, as the case may be, certificates of all insurance policies shall name Landlord required to be maintained by Tenant hereunder naming such transferee or such lender, as the case may be, as an additional named insured and or loss payee payee, as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease applicable, to the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named extent required herein effective as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any timesuch transfer, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedfinancing or refinancing.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All general liability insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates for any such insurance or Tenant’s 's failure to pay the charges therefor, . Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with -------- insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon within five (5) days of the receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, after commencement of the third Lease Year of the term of this Lease, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any holder of a Mortgage, or any managing agent for the Building and such other parties as Landlord shall from time to time designate as an additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other additional insured parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:XI or better by Best's Insurance Guide and licensed to do business in the state in which the Building is located. All such policies shall be written as primary policies not contributing with and not supplemental to the coverage that Landlord may carry, with deductibles not to exceed one-half of one percent (V2%) of the amount of coverage. Tenant shall deliver duplicate original copies of all such policies and all endorsements thereto, prior to the Commencement Date, or, in the case of renewals thereto, fifteen (15) days prior to the expiration of the prior insurance companies policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without effective except upon thirty (30) days’ advance ' prior written notice from the insurer to Landlord. All policies If Tenant shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled fail at any time to recover for damages caused by procure and/or maintain the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges thereforrequired herein, Landlord may, at its option, procure such insurance on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies 's behalf and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord payable upon demand, as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advancedRent. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand Payment by Landlord that the minimum amount of any coverage insurance premium or the carrying by Landlord of any such insurance policy shall not be so increased, deemed to waive or release the default of Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedrespect thereto.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the tie certificates for any such insurance or Tenant’s failure to pay the charges therefortherefore, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (‘including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx thereforxxxx therefore, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this tins Section 9 as part of a blanket policy covering all of Tenant’s property and businessbusinesses, provided that the coverages coverage required under Section 9.1 are maintained.

Policies. All policies of insurance policies required by this Lease shall be written maintained with insurance companies insurers licensed to conduct business in California with a Best's rating classification of not less than "A" (except with respect to worker's compensation ) and shall be in form otherwise reasonably satisfactory to LandlordLessor and shall contain a replacement cost endorsement and a waiver of subrogation rights by the insurer. All policies of insurance policies shall name Landlord as include an additional insured endorsement providing that any proceeds of the policy shall be payable to Lessor, or, with respect to liability insurance, to a third party, in accordance with the policy terms and loss payee as its interest may appear and notwithstanding any act or negligence of Lessee, and, if Lessee is the insuring party, shall provide contain an agreement by the insurer that they may such policy shall not be terminated amended or modified in any way which would materially decrease the protection afforded Landlord under this Lease cancelled without thirty (30) at least 30 days’ advance ' prior written notice to LandlordLessor (provided that Lessee shall exercise its best efforts to secure a 60 day notice period from each insurer and that a 10 day notice period of cancellation following nonpayment of premium shall be satisfactory). All Any policies containing a coinsurance clause shall also contain an include a replacement cost endorsement adequate to ensure that Landlordthe coinsurance clause is rendered inoperative. At Lessor's option, although named as an additional insured, shall nevertheless any insurance obtained by Lessor may be entitled to recover for damages caused part of a "blanket" policy maintained by the negligence of TenantLessor. The minimum limits insuring party shall deliver to the other party copies of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any policies of such insurance or Tenant’s failure to pay certificates evidencing the charges therefor, Landlord mayexistence and amounts of such insurance with loss payable clauses as required by this Paragraph 8. If Lessee is the insuring party Lessee shall, at its optionleast 30 days prior to the expiration of such policies, on furnish Lessor with renewals or after "binders" thereof, or Lessor may order such insurance and charge the tenth (10th) day after written notice cost thereof is given to TenantLessee, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof which amount shall be immediately paid payable by Tenant to Landlord as Additional Rent Lessee upon receipt of a bxxx therefor, and any amount demand. Lessee shall not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same do or permit to be necessary for adequate protection. Within thirty (30) days after demand by Landlord done anything that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain would invalidate the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedpolicies referred to in Paragraph 8.3.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies Insurance required hereunder shall be written by companies rated A/X or better in "Best's Insurance Guide" licensed to do business in the state in which the Premises are located and acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or "binders" thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this paragraph, Landlord may, after five (5) days advance written notice to Tenant, but shall not be so increasedrequired to, procure and maintain the same, but at the expense of Tenant shall furnish (provided however that in the event the insurance would lapse within such five (5) day period, Landlord with evidence of Tenant’s compliance with such demand. Tenant may procure and maintain the insurance required under this Section 9 within such shorter period of time as part of may be necessary to prevent a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedlapse).

Policies. All insurance Such policies shall be written maintained with insurance companies licensed to do business in the State where the Premises are located and shall be in form reasonably satisfactory acceptable to LandlordLandlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. All insurance Such policies shall name be provided on an occurrence form basis unless otherwise approved by Landlord and shall include Landlord and its managing agent as an additional insured as to coverage under paragraphs 16.1.A.(i) and loss payee as its interest may appear 16.1.A.(iv). Such policies shall also contain a waiver of subrogation provision and a provision stating that such policy or policies shall provide that they may not be terminated canceled, non-renewed, reduced in coverage or modified in any way which would materially decrease the protection afforded Landlord under this Lease without altered except after thirty (30) days’ advance day's written notice, said notice to be given in the manner required by this Lease to Landlord, Attention: Risk Management Department. All such policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Article IX Lease and all other times during which Tenant shall in no way limit or diminish Tenant’s liability under this Leaseoccupy the Premises. Upon Tenant’s default in obtaining or delivering Tenant shall deposit the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and of such required insurance or certificates thereof with Landlord prior to the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demandLease Commencement Date. Tenant may maintain the required liability and all-risks property insurance required under this Section 9 as part in the form of a blanket policy covering all other locations of Tenant’s property and businessTenant in addition to the Premises; provided, provided however, that Tenant shall provide Landlord with a certificate of insurance specifically naming the coverages location of the Premises, the limits of which coverage are to be at least in the amounts set forth in Section 16.1.A. Notwithstanding anything to the contrary contained in Section 16.1.A., so long as Earthshell Corporation is the Tenant under this Lease, Tenant may carry the insurance required under Section 9.1 are maintained16.1.A. in a deductible form, so long as the amount of the deductible does not exceed $5,000.00, and so long as Tenant agrees not to hold Landlord, its officers, agents, contractors or employees liable for any losses which would otherwise be covered by such deductible. Tenant hereby expressly waives all right of recovery against Landlord, its officers, agents, employees or contractors for damage which would otherwise be covered by any deductible contained in Tenant's insurance policies covering the Premises.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, prior to the date such insurance is first required to be carried by Tenant, and thereafter prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protectionbill xxxrefor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, certificates of insurance, and such other evidence of coverages required herein as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates for OF insurance FOR any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protectionbill xxxrefor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies provided for under this Lease shall be written with insurance companies and effected under valid enforceable policies issued by insurers of recognized responsibility, qualified to do business in the State in which the Leased Property is located, having a Best Insurance Guide Rating of A/VIII or better (or an equivalent rating from another publication of a similar nature as shall be in current use and approved by the Lessor), or otherwise reasonably acceptable to the Lessor. Upon the execution of this Lease, the Lessee shall deliver to the Lessor original certificates of such insurance and copies of such policies in form reasonably satisfactory to Landlordthe Lessor. At least thirty (30) days prior to the expiration date of any policy, a certificate of the renewal policy for such insurance shall be delivered by the Lessee to the Lessor, and certificates thereof in form reasonably satisfactory to the Lessor shall be delivered as aforesaid, together with satisfactory evidence of payment of the premium thereon. All policies referred to in Section 9.1 shall contain agreements by the insurers that (i) any loss shall be payable to the Lessor, notwithstanding any act or negligence of the Lessee or any Person having an interest in the Leased Property which might otherwise result in forfeiture of said insurance, provided that all such policies of insurance (including, without limitation, builder’s risk insurance) shall name the Lessor, its successors and assigns, as mortgagee and sole loss payee, (ii) such policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without cancelable except upon thirty (30) days’ advance prior written notice to Landlordeach named insured and loss payee, (iii) the coverage afforded thereby shall not be affected by the performance of any work in or about the Leased Property, (iv) all rights of subrogation, offset, counterclaim or other deduction are waived against the Lessor, the Lessee and their respective officers, employees, directors, incorporators, shareholders and agents, and (v) the coverage afforded by such policies is primary without any right of contribution. Notwithstanding the foregoing, in lieu of delivering copies of policies pursuant to this Article IX on the Closing Date, the Lessee may provide certificates of such insurance on form ACCORD 28 (or the equivalent), executed by each insurance company or its authorized agent, provided that all certificates and evidence of insurance shall contain information reasonably satisfactory to the Lessor (including, without limitation, attachment and/or itemization of all applicable coverages and endorsements). All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled written to recover for damages caused by the negligence avoid application of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedco-insurance.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. Landlord hereby approves The Chubb Insurance Group as Tenant's insurance carrier. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protectionbill xxxrefor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any holder of a mortgage, or any managing agent for the Premises and such other parties as Landlord shall from time to time designate as an additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other additional insured parties as their respective interests may appear. All claims under policies carried by Tenant with respect to Section 14.1(a), (b) and (c) may be settled by Tenant subject to Landlord's consent which shall not be unreasonably withheld. All insurance required hereunder shall be placed with companies which are rated A-:VIII or better by Best's Insurance Guide and licensed to do business in the state in which the Premises are located. All such policies shall be written as primary policies not contributing with and not supplemental to the coverage that Landlord may carry, with deductibles not to exceed one percent (1%) of the amount of coverage. Tenant shall deliver certified copies of all such policies and all endorsements thereto, thirty (30) days prior to the Commencement Date, or earlier access to the Premises during construction or, in the case of renewals thereto, fifteen (15) days prior to the expiration of the prior insurance companies policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without effective except upon thirty (30) days’ advance ' prior written notice from the insurer to Landlord. All policies If Tenant shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled fail at any time to recover for damages caused by procure and/or maintain the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges thereforrequired herein, Landlord may, at its option, procure such insurance on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies 's behalf and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord payable upon demand, as Additional Rent upon receipt of a bxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advancedRent. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand Payment by Landlord that the minimum amount of any coverage insurance premium or the carrying by Landlord of any such insurance policy shall not be so increased, deemed to waive or release the default of Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedrespect thereto.

Policies. All insurance policies Insurance required hereunder shall be written by companies having a rating in “Best’s Insurance Guide” approved by Landlord, licensed to do business in the state in which the Premises are located and otherwise acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance subject to reduction of coverage or other modification except after 30 days written notice to Landlord. All policies Tenant shall, within 10 days of the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges thereforamount of any loss sustained and (ii) an agreement by the insurer that such policy shall not be canceled without at least 30 days prior written notice by registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any provision of this paragraph, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenantbut shall not be required to, procure or pay and maintain the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx thereforsame, and any amount not so paid shall bear interest but at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or or, policies and the total cost and expense expense, (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bxxx xxxx therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increasedincreased reasonably based upon industry standards of owners of similar buildings, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.