Common use of Property and Rental Income Insurance Clause in Contracts

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building in the full amount of its replacement value consistent with policies carried by landlords of Comparable Buildings. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain flood and earthquake insurance if required by any lender holding a security interest in the Building but not in excess of policy limits or deductibles carried by landlords of Comparable Buildings. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement value. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coverage. Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies maintained pursuant to this Section 4.4, in an amount not to exceed Fifty Thousand Dollars ($50,000). Tenant shall not do or permit to be done anything which invalidates any such insurance policies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Building Premises in the full amount of its the replacement value consistent with policies carried by landlords of Comparable Buildingsthereof. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-riskall risk including earthquake), sprinkler leakage and any other perils which Landlord deems reasonably necessarynecessary or which are required by Landlord’s lender. Landlord may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord. The policy obtained by Landlord shall have the right to obtain flood not be contributory and earthquake insurance if required by any lender holding a security interest in the Building but shall not in excess of policy limits or deductibles carried by landlords of Comparable Buildingsprovide primary insurance. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, fixtures or equipment or building improvements installed by or for on behalf of Tenant in or on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valuePremises. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policybusiness interruption coverage, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes Real Property Taxes and insurance premiums premiums. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant, and (ii) such other the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance coverage as is customarily carried by landlords (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of Comparable Buildings. In no event shall Tenant be required to carry earthquake or fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage coverage. and any other perils which Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies maintained pursuant to this Section 4.4, in an amount not to exceed Fifty Thousand Dollars ($50,000)deems reasonably necessary. Tenant shall not do or permit to be done anything which invalidates any such also carry at all times Workers Compensation insurance policiesas required by applicable law.

Property and Rental Income Insurance. During the Lease Term, Landlord Landlord, or at Tenant's option, Tenant, shall maintain policies of insurance covering loss of or damage to the Building Premises in the full amount of its replacement value consistent with value, provided that if such policies carried are purchased by landlords of Comparable BuildingsTenant, they shall be from an insurer or insurers reasonably satisfactory to Landlord. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain flood and earthquake insurance if required by any lender holding a security interest in the Building but not in excess of policy limits or deductibles carried by landlords of Comparable BuildingsPremises. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, Tenant s fixtures or equipment or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valuePremises. During the Lease Term, Landlord Landlord, or at Tenant s option, Tenant, shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s 's Base Rent, plus, to Rent and Additional Rent from the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coverage. Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies maintained pursuant to this Section 4.4, in an amount not to exceed Fifty Thousand Dollars ($50,000)Premises. Tenant shall not do or permit anything to be done anything which invalidates any such insurance policies, provided: (i) that Tenant is given a copy of the relevant provisions of such policy, as same may be amended from time to time, on the Commencement Date and at such time as any such policies are amended or renewed; and (ii) that the relevant provisions of such policy do not prohibit any of Tenant's activities which are permissible pursuant to this Lease. Any insurance obtained by Tenant under this Section 4.04(b) shall be on terms and from an issuer acceptable to Landlord and the mortgagee of the Premises.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building Property in the full amount of its replacement value consistent with policies carried by landlords of Comparable Buildingsvalue. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain flood and earthquake insurance, and may, upon Tenant's request, obtain insurance if required by any lender holding a security interest in on building improvements installed on the Building but not in excess of policy limits or deductibles carried by landlords of Comparable BuildingsProperty. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, 's fixtures or equipment, other personal property, or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement value. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s 's Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepremiums. Tenant shall not do or Tenant’s permit anything to be done which invalidates any such insurance policies. Tenant shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building 's or Tenant’s 's insurance policies maintained pursuant to this Section 4.44.04. Notwithstanding anything to the contrary contained in this Lease, in an amount not to exceed Fifty Thousand Dollars ($50,000). the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall not do be liable for the payment of the entire deductible amount under Landlord's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or permit suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Landlord's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be done anything which invalidates calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of this Lease, by the aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any such deductible amount under Landlord's insurance policiespolicies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building Property, the Project and the building improvements owned by Landlord (but expressly excluding any property Tenant is required to insure pursuant to Section 4.04(d)) below) in the full amount of its their replacement value consistent cost, with such policies carried by landlords of Comparable Buildings. Such policy shall contain an Inflation Guard Endorsement and shall provide providing protection against all loss or damage due to fire or other perils included within covered by the classification “Causes of fire, extended Loss—Special Form” policy (or a similar policy containing equivalent coverage, vandalism, malicious mischief, special extended perils (all-risk), sprinkler leakage ) and any other perils which Landlord Landlord, Landlord’s lender or ground lessor deems reasonably necessary. Landlord shall have the right to obtain terrorism, flood and earthquake insurance if and other forms of insurance as required by any lender holding a security interest in the Property or any ground lessor. Landlord shall also have the right to obtain “green building” endorsements to its property insurance policies to ensure that the property insurance proceeds are sufficient to restore the Property to the condition that may be required to meet the applicable Green Building but not in excess of policy limits or deductibles carried by landlords of Comparable BuildingsStandard (defined below). Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, fixtures or equipment or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valueProperty. During the Industrial Lease—Las Vegas, Nevada 0000 Xxxxxxx Xxxx Las Vegas, Nevada Switch, Ltd. Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s Base Rent, plus, to the extent available and deemed appropriate by Landlord, the plus one year’s estimated recurring Additional Rent. Notwithstanding Section 4.04(d)(iv) below, including without limitation estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coverage. Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-its Pro Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies (which deductible amount shall not exceed $10,000.00) maintained pursuant to this Section 4.44.04 (b); provided, in however, that if the loss or damage is due to an act or omission of Tenant, then Tenant shall be responsible for payment of the entirety of such deductible amount; provided, further, that if the loss or damage is due to an act or omission of Landlord, then Tenant shall not be responsible for payment of any such deductible amount. Tenant shall also be responsible for payment of the entirety of any deductible amount not to exceed Fifty Thousand Dollars ($50,000)under Tenant’s insurance policies. Tenant shall not do or permit anything to be done anything which invalidates any such insurance policies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain (at Tenant's cost) policies of insurance covering loss of or damage to the Building Property (including tenant improvements constructed under any construction rider to this Lease which are attached to and become part of the Property) in the full amount of its replacement value consistent with value. The deductible amount under such policies carried by landlords of Comparable Buildingsshall be an amount acceptable to, and determined by, Landlord. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right (but no requirement) to obtain (at Tenant's cost) flood and or earthquake insurance if required by any lender holding a security interest in the Building but not in excess Property or if the premium cost of policy limits or deductibles carried such insurance is commercially reasonable as determined by landlords of Comparable BuildingsLandlord. Landlord Tenant shall not obtain and pay for insurance for Tenant’s fixtures, furnishings, 's equipment, inventory, furniture, fixtures and other personal propertyassets which Tenant owns or Tenant holds for others on the Property, and are placed, used, held or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valueProperty. During the Lease Term, Landlord shall also maintain obtain (iat Tenant's cost) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s twelve (12) months' Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepremiums. Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building 's or Tenant’s 's insurance policies maintained by Landlord or Tenant pursuant to this Section 4.4; provided, in an however, that Tenant shall not be liable for the payment of any deductable amount not to exceed over Fifty Thousand Dollars ($50,000)) under a policy of earthquake insurance. Tenant shall not do or permit anything to be done anything which invalidates any such insurance policies. All property insurance and rental income insurance shall provide for all payments of proceeds to be made to Landlord, and Landlord shall be the loss payee (and/or lender(s) designated by Landlord). Currently, the Landlord has a deductable amount of $5,000 for the Property casualty insurance. If the Landlord should change this deductable amount in the future, then the Landlord shall provide written notice of such change to the Tenant.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building Property in the full amount of its replacement value consistent value, with such policies carried by landlords of Comparable Buildings. Such policy shall contain an Inflation Guard Endorsement and shall provide providing protection against all perils included loss or damage due to fire or other casualties covered within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-risk), sprinkler leakage and any other perils which Landlord Landlord, Landlord’s lender or ground lessor deems reasonably necessary. Landlord shall have the right to obtain terrorism, flood and earthquake insurance if and other forms of insurance as required by any lender holding a security interest in the Building but not in excess of policy limits Property or deductibles carried by landlords of Comparable Buildingsany ground lessor. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, fixtures or equipment or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valueProperty. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s Base Rent, plusplus estimated Real Property Taxes and insurance premiums. During the Lease Term, Tenant shall maintain (at its sole cost and expense) policies of insurance covering loss of or damage to Tenant’s fixtures, equipment, and building improvements installed by Tenant on the Property (including, without limitation, the Tenant Improvements) in the full amount of their replacement value, with such policies providing protection against loss or damage due to fire or other casualties covered within the classification of fire, extended coverage, vandalism, malicious mischief, sprinkler leakage and any other perils which Tenant deems necessary. Such policies shall contain an agreed amount endorsement in lieu of a co-insurance clause, and shall be written as primary policies, not contributing with and not supplemental to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation estimated real property taxes and insurance premiums and (ii) such other insurance coverage as that Landlord is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepursuant to this Section 4.04(b). Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies (which deductible amount shall not exceed $10,000.00) maintained pursuant to this Section 4.44.04(b); provided, in however, that if the loss or damage is due to an act or omission of Landlord, then Tenant shall not be responsible for payment of any such deductible amount. Tenant shall also be responsible for payment of any deductible amount not to exceed Fifty Thousand Dollars ($50,000)under Tenant’s insurance policies. Tenant shall not do or permit anything to be done anything which invalidates any such insurance policies.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building Property in the full amount of its replacement value consistent and Landlord shall provide Tenant with policies carried by landlords written evidence of Comparable Buildingsthe same. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessarynecessary and which are customarily carried by landlords of projects comparable to the Project. Landlord shall have the right to obtain flood and earthquake insurance, and may, upon Xxxxxx's request, obtain insurance if required by any lender holding a security interest in on building improvements installed on the Building but not in excess of policy limits or deductibles carried by landlords of Comparable BuildingsProperty. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, 's fixtures or equipment, other personal property, or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement value. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s 's Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepremiums. Tenant shall not do or Tenant’s permit anything to be done which invalidates any such insurance policies. Tenant shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building 's or Tenant’s 's insurance policies maintained pursuant to this Section 4.44.04. Notwithstanding anything to the contrary contained in this Lease, in an amount not to exceed Fifty Thousand Dollars ($50,000). the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall not do be liable for the payment of the entire deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or permit suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be done anything which invalidates calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of this Lease, by the aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any such deductible amount under Landlord's insurance policiespolicies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain policies of insurance covering loss of or damage to the Building Property in the full amount of its replacement value consistent with policies carried by landlords of Comparable Buildingsvalue. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessarynecessary and which are customarily carried by landlords of projects comparable to the Project. Landlord shall have the right to obtain flood and earthquake insurance, and may, upon Xxxxxx's request, obtain insurance if required by any lender holding a security interest in on building improvements installed on the Building but not in excess of policy limits or deductibles carried by landlords of Comparable BuildingsProperty. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, 's fixtures or equipment, other personal property, or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement value. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s 's Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepremiums. Tenant shall not do or Tenant’s permit anything to be done which invalidates any such insurance policies. Tenant shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building 's or Tenant’s 's insurance policies maintained pursuant to this Section 4.44.04. Notwithstanding anything to the contrary contained in this Lease, in an amount not to exceed Fifty Thousand Dollars ($50,000). the event that the Property is the only portion of the Project that is damaged or that suffers a loss, Tenant shall not do be liable for the payment of the entire deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. In the event that the entire building in which the Property is located (the "Building") is damaged or permit suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Building") of any deductible amount under Xxxxxxxx's insurance policies maintained pursuant to this Lease. Tenant's Pro Rata Share of the Building shall be done anything which invalidates calculated by dividing the square foot area of the Property, as set forth in Section 1.04 of this Lease, by the aggregate square foot area of the Building. In the event that a portion of the Project that is greater than the Building is damaged or suffers a loss, Tenant shall be liable only for Tenant's pro rata share ("Tenant's Pro Rata Share of the Project") of any such deductible amount under Landlord's insurance policiespolicies maintained pursuant to this Lease. For the purposes of this Section 4.04(b), Tenant's Pro Rata Share of the Project shall be calculated by dividing the square foot area of the Property that is damaged by the aggregate square foot area of the portion of the Project that is damaged.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain “all-risk” policies of insurance covering loss of or damage to the Building Premises in the full amount of its the replacement value consistent with policies carried by landlords of Comparable Buildingsincluding the Landlord Improvements and Additional Tenant Improvements. Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-riskall risk including earthquake), sprinkler leakage and any other perils which Landlord deems reasonably necessarynecessary or which are required by Landlord’s lender. Landlord may also, in Landlord’s sole and absolute discretion, obtain comprehensive general liability insurance and pollution legal liability insurance in an amount and with coverage to be determined by Landlord insuring Landlord against liability arising out of the ownership, operation or use of the Premises by Landlord during the Lease Term. Except as provided herein, the policy obtained by Landlord shall have the right to obtain flood not be contributory and earthquake insurance if required by any lender holding a security interest in the Building but shall not in excess of policy limits or deductibles carried by landlords of Comparable Buildingsprovide primary insurance. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, fixtures or equipment or building improvements installed by or for on behalf of Tenant in or on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on after the Premises in the full amount of their replacement valueCommencement Date. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policybusiness interruption coverage, with loss payable to Landlord, in an amount equal to one (1) year’s Base Rent, plus, plus estimated Real Property Taxes and Property Insurance Premiums (hereinafter defined). If Landlord obtains blanket insurance policies covering other properties in addition to the extent available Premises, Landlord shall equitably allocate the cost of such blanket policies amongst the properties covered, and deemed appropriate only the cost allocated to the Premises shall be included under this Lease. Tenant, at its own expense, also shall maintain during the Lease Term, fire and extended coverage property insurance covering (i) the replacement cost of all alterations, additions, partitions and improvements installed or placed on or around the Premises, or on the Land, for the benefit of Tenant not covered by Landlordthe insurance to be obtained by Landlord herein, the Additional Rent, including without limitation estimated real property taxes and insurance premiums and (ii) such other the full replacement cost of all personal property contained within the Premises or the Land and (iii) business interruption insurance coverage as is customarily carried by landlords (collectively, “Tenant’s Property Insurance”). Tenant’s Property Insurance shall provide protection against all perils included within the classification of Comparable Buildings. In no event shall Tenant be required to carry earthquake or fire, extended coverage, vandalism, malicious mischief, special extended perils (all risk including earthquake), sprinkler leakage coverage. and any other perils which Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share of any deductible amount under Landlord’s insurance covering damage to the Building or Tenant’s insurance policies maintained pursuant to this Section 4.4, in an amount not to exceed Fifty Thousand Dollars ($50,000)deems reasonably necessary. Tenant shall not do or permit to be done anything which invalidates any such also carry at all times Workers Compensation insurance policiesas required by applicable law.

Property and Rental Income Insurance. During the Lease Term, Landlord shall maintain at Tenant's cost policies of insurance covering loss of or damage to the Building Property in the full amount of its replacement value consistent with value. The deductible amounts under such policies shall not exceed Twenty Thousand Dollars ($20,000) per occurrence (except such limitation shall not apply in the case of earthquake insurance if same is required to be carried by landlords of Comparable BuildingsLandlord's lender). Such policy shall contain an Inflation Guard Endorsement and shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (all-all risk), sprinkler leakage and any other perils which Landlord deems reasonably necessary. Landlord shall have the right to obtain (and require Tenant to pay for same) flood and earthquake insurance if required by any lender holding a security interest in the Building but not in excess of policy limits or deductibles carried by landlords of Comparable Buildings. Landlord shall not obtain insurance for Tenant’s fixtures, furnishings, equipment, other personal property, or building improvements installed by or for Tenant on the Premises except fixtures and building improvements Landlord elects to insure in Landlord’s sole discretion. Tenant shall maintain policies of insurance coverage loss or damage to Tenant’s fixtures, furnishings, equipment, other personal property and building improvements installed by or for Tenant on the Premises in the full amount of their replacement valueProperty. During the Lease Term, Landlord shall also maintain (i) a rental income insurance policy, with loss payable to Landlord, in an amount equal to one year’s twelve (12) months' Base Rent, plus, to the extent available and deemed appropriate by Landlord, the Additional Rent, including without limitation plus estimated real property taxes and insurance premiums and (ii) such other insurance coverage as is customarily carried by landlords of Comparable Buildings. In no event shall Tenant be required to carry earthquake or sprinkler leakage coveragepremiums. Tenant or Tenant’s insurance shall be liable for the payment of Tenant’s Pro-Rata Share Payment of any deductible amount under Landlord’s insurance covering damage to the Building 's or Tenant’s 's insurance policies maintained pursuant to this Section 4.4Paragraph 4.4(b), (except with respect to any deductible for earthquake insurance required to be obtained by Landlord's lender under this Paragraph 4.4(b), which Landlord and Tenant shall each pay fifty percent (50%) of the deductible amount of such earthquake insurance). If this Lease is terminated by Landlord under the provisions of Article Seven (and this Lease is not terminated by Tenant) due to damage from an earthquake, then as to the earthquake insurance described in an the immediate preceding sentence for which Tenant is responsible for fifty percent (50%) of the deductible amount, Tenant shall not be responsible for fifty percent (50%) of such earthquake insurance deductible amount not upon the termination of this Lease (provided, however, if Tenant elects to exceed Fifty Thousand Dollars ($50,000terminate this Lease as permitted under the terms of Article Seven, then Tenant shall remain obligated to pay such 50% deductible amount). Tenant shall not do or permit anything to be done anything which invalidates any such insurance policies. All property insurance and rental income insurance obtained by Landlord under this Paragraph 4.4(b) shall provide for all payments of proceeds to be made to Landlord (and/or lender(s) designated by Landlord).