Common use of Premises Insurance Clause in Contracts

Premises Insurance. During the Term Landlord shall maintain causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's right

Premises Insurance. During the Term Landlord shall maintain ------------------ causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, and, at Landlord's option, earthquake and flood coverage) on the Building, excluding coverage of all Tenant's Personal Property located on or in the Premises, but including the Tenant Improvements. Such insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy -------------- covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain -------------- the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's rightright to carry such insurance shall be subject to the following conditions: (i) all Holders, defined below, shall have approved Tenant's right to carry such insurance, (ii) such insurance shall name Landlord, and all parties designated by Landlord, as additional insureds, and (iii) such insurance shall provide Landlord with at least the same coverage and rights as Landlord would be entitled to receive if Landlord had obtained such insurance.

Premises Insurance. During the Term Landlord Lessee at its cost shall maintain causes of loss-special form property insurance (including inflation endorsementon all its personal property, sprinkler leakage endorsementtenant improvements, andand alterations, at Landlord's option, earthquake and flood coverage) as well as on the Buildingbuildings situated on the premises, excluding coverage a standard policy of all Tenant's Personal Property located on fire with an extended coverage, vandalism and malicious mischief endorsements, to the extent of 100% of their full replacement cost. The “full replacement cost” of the building, personal property, and other improvements to be insured by Lessee shall be determined by the company issuing the insurance policy at the time it is initially obtained, and shall include replacement in accord with official building code requirements at the time of any loss. No more frequently than once every two years, either party shall have the right to notify the other party that it elects to have the replacement cost determined by an insurance company. The redetermination shall be made promptly and in accordance with the rules and practices of the Board of Underwriters, or in a like board recognized and generally accepted by the Premisesinsurance company, but including and each party shall be promptly notified of the Tenant Improvementsresults by the company. Such The insurance policy shall also be adjusted according to the redetermination. The policy covering the building shall include rental income insurance against to protect Lessor from loss of rents, including, at Landlord's option, coverage for earthquake and flood, in an amount equal to the Monthly Rent and Additional Rent, and any other sums payable under the Lease, rents for a period of at least twelve (12) months commencing on the date 12 months. All policies of loss. Such insurance shall be issued in the name Landlord of Lessee and Landlord's Agents shall name Lessor as named insureds an additional insured, and include a lender's loss payable endorsement in favor of Landlord's lender shall contain cross-liability endorsements. Not less than fifteen (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th15) days prior to the commencement of the annual cost term of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after the Commencement Date for any reason, including without limitation due to an increase in the value of the Building or its replacement cost, or due to Tenant's use of the Premises or any improvements installed by Tenant, Tenant shall pay such increase within ten (10) days of notice of such increase. Landlord may, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Lease, Lessee shall secure and subject deliver to Lessor a certificate of said insurance together with a receipt for the following conditions, Tenant may elect to carry payment of the premium thereof and a written undertaking on the part of the insurance required carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by this Paragraph 21.C if Tenant is able to obtain Lessee with Lessor, on renewal of the coverage required hereunder at a cost policy, not less than twenty (20) days before expiration of the term of the prior policy. Lessee agrees, if Lessee does not keep such insurance in full force and effect, that charged Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be deemed to be a part of the rental and payable as such on the next day upon which rent becomes due. Lessor and Lessee hereby release the other from any and all liability for loss or damage insured against under all policies of insurance, now or hereafter during the term hereof existing and purchased by Landlord's insurer. Tenant's righteither or both insuring or covering the premises, or any portion thereof, or Lessee’s operations, and hereby waive all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other hereto.

Premises Insurance. During the Term Landlord shall maintain causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, andTenant, at Landlord's optionall times during the term of this Lease, earthquake and flood at its expense shall procure, maintain and keep in force, "all-risk" coverage and fire, extended coverage) , and vandalism and malicious mischief insurance on the Building, excluding coverage of all Tenant's Personal Property located on or in the Leased Premises, but including for the Tenant Improvements. Such insurable value thereof on a replacement cost basis, with loss of rents coverage acceptable to Landlord, which insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in all events be in an amount equal sufficient to the Monthly Rent and Additional Rent, and prevent Landlord or Tenant from becoming a co-insurer of any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after parties cannot agree as to the Commencement Date for any reason, including without limitation due to an increase in the insurable value of the Building Leased Premises, such value shall be determined by the insurance company or companies issuing such policy or policies. In the event of any loss covered by such insurance, the proceeds therefrom shall be payable to Landlord. Certificates of insurance will be delivered to Landlord and to its replacement costmortgagee, if any. The insurance policy shall name Landlord, and its mortgagee, if any, as loss payee and will be issued by a financially responsible company or due to Tenant's use companies licensed in the State of Minnesota and shall provide that such policy or policies will not be cancelled without the Premises or any improvements installed by Tenantinsurance company first giving Landlord, Tenant shall pay such increase within and its mortgagee, if any, written notice thereof at least ten (10) days before any such cancellation shall become effective and shall provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of notice Landlord or Tenant which, absent said agreement, result in forfeiture of all or a part of said insurance payment. So long as there is a mortgage lien upon Landlord's interest in the Leased Premises, each insurance policy required above shall contain a standard mortgage clause in favor of such increase. Landlord maymortgagee and shall be in the amount, in its content and form, and with a company reasonably satisfactory to said mortgagee, provided, however, that any said mortgagee shall be required to make any insurance proceeds available for any repair and restoration of the Leased Premises which is made pursuant to paragraph 18. Upon Landlord's request, Tenant shall, as additional rent hereunder and at Tenant's sole discretioncost and expense, maintain such other insurance on the insurance coverage described improvements now or hereafter located on the Premises, in this Paragraph 21.C such amounts and against such insurable hazards as part of an umbrella insurance policy covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues may from time to be the Landlord under this Lease, and subject to the following conditions, Tenant may elect to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's righttime reasonably request.

Premises Insurance. During the Term Landlord shall maintain causes of loss-special form property insurance (including inflation endorsement, sprinkler leakage endorsement, andTenant, at Landlord's optionall times during the term of this Lease, earthquake and flood at its expense shall procure, maintain and keep in force, "all-risk" coverage and fire, extended coverage) , and vandalism and malicious mischief insurance on the Building, excluding coverage of all Tenant's Personal Property located on or in the Leased Premises, but including for the Tenant Improvements. Such insurable value thereof on a replacement cost basis, with loss of rents coverage acceptable to Landlord, which insurance shall also include insurance against loss of rents, including, at Landlord's option, coverage for earthquake and flood, in all events be in an amount equal sufficient to the Monthly Rent and Additional Rent, and prevent Landlord or Tenant from becoming a co-insurer of any other sums payable under the Lease, for a period of at least twelve (12) months commencing on the date of loss. Such insurance shall name Landlord and Landlord's Agents as named insureds and include a lender's loss payable endorsement in favor of Landlord's lender (Form 438 BFU Endorsement). Tenant shall reimburse Landlord monthly, as Additional Rent, for one-twelfth (12th) of the annual cost of such insurance on the first day of each calendar month of the Term, prorated for any partial month, or on such other periodic basis as Landlord shall elect. If the insurance premiums are increased after parties cannot agree as to the Commencement Date for any reason, including without limitation due to an increase in the insurable value of the Building Leased Premises, such value shall be determined by the insurance company or companies issuing such policy or policies. In the event of any loss covered by such insurance, the proceeds therefrom shall be payable to Landlord. Certificates of insurance will be delivered to Landlord and to its replacement costMortgagee, if any. The insurance policy shall name Landlord, and its Mortgagee, if any, as loss payee and will be issued by a financially responsible company or due to Tenant's use companies licensed in the State of Minnesota and shall provide that such policy or policies will not be canceled without the Premises or any improvements installed by Tenantinsurance company first giving Landlord, Tenant shall pay such increase within and its Mortgagee, if any, written notice thereof at least ten (10) days before any such cancellation shall become effective and shall provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of notice Landlord or Tenant which, absent said agreement, result in forfeiture of all or a part of said insurance payment. So long as there is a mortgage lien upon Landlord's interest in the Leased Premises, each insurance policy required above shall contain a standard mortgage clause in favor of such increase. Landlord mayMortgagee and shall be in the amount, in its sole discretion, maintain the insurance coverage described in this Paragraph 21.C as part of an umbrella insurance policy covering other properties owned by Landlord. Notwithstanding the foregoing, so long as the original Landlord under this Lease continues to be the Landlord under this Leasecontent and form, and subject with a company reasonably satisfactory to said Mortgagee, provided, however, that any said Mortgagee shall be required to make any insurance proceeds available for any repair and restoration of the following conditions, Tenant may elect Leased Premises which is made pursuant to carry the insurance required by this Paragraph 21.C if Tenant is able to obtain the coverage required hereunder at a cost less than that charged by Landlord's insurer. Tenant's rightparagraph 19.