Common use of Tenant Clause in Contracts

Tenant. Tenant shall keep all of Tenant’s property on the Premises, and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amount.

Tenant. Tenant shall keep not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approvals shall not be unreasonably withheld or delayed. Landlord's consent shall not be required for non-structural interior improvements costing less than $10,000 in any calendar year. Plans are required. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of Tenant’s property on good quality. Tenant shall not commence the Premisesmaking of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and all improvements(iv) if requested by Landlord, alterations Tenant shall have obtained contingent liability and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property broad form builder's risk insurance policy in an amount equal reasonably satisfactory to Landlord to cover any perils relating to the replacement cost of such propertyproposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modifications, alterations or improvements whatsoever to the proceeds of which shall, so long as this Lease is in effect, be used for Outside Areas or the repair exterior or replacement structural components of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrenceBuilding including, which initial amount shall be subject to periodic increase based upon inflationwithout limitation, increased liability awardsany cuts or penetrations in the floor, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use roof or exterior walls of the Leased Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in without Landlord's approval which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled unreasonably withheld. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without thirty (30) days advance written notice to Landlord. Landlord shall be named as an limitation, the installation of additional insured on such policy together withelectrical outlets, upon written request from Landlordoverhead lighting fixtures, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountdrains, sinks, partitions, doorways, or the like.

Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, Tenant’s trade fixtures, installations, equipment and other personal property items within the Premises. All such repairs, maintenance and replacements by Tenant shall keep all be performed in a good and workmanlike manner. Tenant shall, upon the expiration or sooner termination of the Term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant’s property on the Premisessole expense, and all improvements, alterations and other betterments installed be responsible for repairing any area damaged by Tenant, insured against fire Tenant’s agents, employees, invitees and other risks covered visitors. All repairs and replacements by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million be made and No/100 Dollars performed: ($2,000,000.00a) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if at Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain cost and expense and at such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter time and in such amounts manner as Landlord may reasonably require. Such commercial general liability insurance designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (id) provided by an insurer in a manner and using equipment and materials that will not interfere with or insurers who are approved to issue insurance policies impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the State in which Building or the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largerProject, and (iie) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, Landlord shall be evidenced by a certificate delivered to Landlord on or prior to have the Commencement Date and thereafter upon requestright, but not more than annuallythe obligation, stating that to enter the coverage Premises and perform such maintenance, repairs or refurbishing at Tenant’s sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the cost of the maintenance, repairs or refurbishing). Tenant shall not be cancelled without thirty (30) days advance maintain written notice records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to Landlordperform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee full and Landlord’s managing agent. All insurance policies required to be carried complete copies of all service or maintenance contracts entered into by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountfor the Premises.

Tenant. During the Term hereof, Tenant shall keep all of Tenant’s property on in full force and effect the Premises, following insurance and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property shall provide appropriate insurance policy in an amount equal certificates to Landlord prior to the replacement cost Lease Commencement Date and annually thereafter before the expiration of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial each policy: (1) Commercial general liability insurance written on for the benefit of Tenant and Landlord as an occurrence basis additional insured, with policy limits a limit of not less than Two Million and No/100 Dollars ($2,000,000.00) each 2,000,000.00)combined single limit per occurrence, which initial amount shall be subject to periodic increase based upon inflationagainst claims for personal injury liability including, increased without limitation, bodily injury, death or property damage liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be covering (i) provided the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (ii) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (iii) contractual liability; (2) Fire, extended coverage, vandalism and malicious mischief insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance; and (5) Such other insurance as Landlord deems reasonably necessary. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days prior written notice of any material change, non-renewal or cancellation of the policy, shall be in a form satisfactory to Landlord and shall be taken out with an insurer or insurers who are approved insurance company authorized to issue insurance policies do business in the State in which the Premises are Project is located and have an A.M. Best financial strength rating of A- or better rated not less than Best's Financial Class X and financial size category of VII or largerBest's Policy Holder Rating "A". In addition, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such any insurance policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried obtained by Tenant hereunder shall be written as a primary policies policy, and shall not be contributing with and not or in excess of any coverage which Landlord may carry carry, and shall have loss payable clauses satisfactory to Landlord and in favor of Landlord naming Landlord, and any other party reasonably designated by Landlord, as an additional insured. The liability limits of the above described insurance policies shall in no matter limit the liability of Tenant under the terms of Section XV. below. Not more frequently than every two (2) years, if, in the reasonable opinion of Landlord, the amount of liability insurance specified in this Section XIV. is not have adequate, the above-described limits of coverage shall be adjusted by Landlord, by written notification to Tenant, in order to maintain the level of insurance protection comparable to the protection afforded on the date the Term commences. If Tenant fails to maintain and secure the insurance coverage required under this Section XIV., then Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. 19 If, on account of the failure of Tenant to comply with the provisions of this Section, Landlord is deemed a deductible in excess co-insurer by its insurance carrier, then any loss or damage which Landlord shall sustain by reason thereof shall be borne by Tenant and shall be immediately paid by Tenant as additional rent upon receipt of a commercially reasonable amount▇▇▇▇ therefor and evidence of such loss.

Tenant. Except as otherwise expressly required of Landlord, Tenant shall keep all of shall, at Tenant’s property on expense, keep and maintain the Premises, including but not limited to all entry doors, damage to entry doors occasioned by theft or vandalism, furnishings, lighting, trade fixtures, above-ground plumbing and conduits beginning at the point of entry into the Premises, windows, glass and plate glass, doors, interior walls and finish work, floor surfaces and floor coverings, sprinkler and fire protection systems (which shall be in good working order as of the Commencement Date and in compliance with all improvementsApplicable Laws), alterations and other betterments routine maintenance and repairs of the HVAC System (together with replacement of the HVAC System exclusively 23134410.6 servicing the Premises and installed by Tenant), insured against fire in good and other risks covered by a “Causes of Loss-Special Form” property insurance policy sanitary condition and repair and in an amount equal to the replacement cost of such propertycompliance with all Applicable Laws. Tenant shall permit no waste, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredexcept normal wear and tear. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits be responsible for arranging janitorial services for the Premises and the cost thereof. Tenant shall promptly notify Landlord, in writing, of not less than Two Million any known defective condition which Landlord is required to repair, and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount failure to so report such known defects in a commercially reasonable time and manner shall be subject make Tenant responsible to periodic increase based upon inflation, Landlord for any increased liability awards, recommendation incurred by Landlord by reason of Landlord’s professional insurance advisers and other relevant factorssuch failure to report the known defective condition. In addition, if Any contractor selected by Tenant in connection with the performance of Tenant’s use obligations under this Section in or about the Premises or the Building shall require prior written approval of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage approval shall not be cancelled without thirty (30) days advance written notice unreasonably withheld, conditioned or delayed, such approval shall require, at a minimum, L▇▇▇▇▇▇▇’s receipt of a Certificate of General Liability Insurance adding the Agent and the Landlord as additionally insured, proof that the contractor is duly licensed and permitted in the municipality where the Premises is located, to Landlord. Landlord the extent such licensing and permitting is required by such municipality, acknowledgment and agreement by the contractor that all work shall be named as an additional insured on such policy together withdone with good workmanship and in accordance with current building codes and ordinances, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required with agreement to be carried adhere to any other reasonable standards imposed by Tenant hereunder shall be written as primary policies not contributing with Landlord for the protection and not in excess preservation of coverage which Landlord may carry the Building and shall not have a deductible in excess of a commercially reasonable amountPremises.

Tenant. Tenant shall keep all of Tenant’s property on the Premises, the Tenant Improvements and all improvementsany other alterations, alterations and other betterments installed additions or Improvements to the Premises made by Tenant, or on behalf of Tenant insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in Is In effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) [***] each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability llabillty awards, recommendation of Landlord▇▇▇▇▇▇▇▇’s professional insurance advisers and other relevant factors. In addition, if Tenant▇▇▇▇▇▇’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in In such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are is located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (iiII) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and annually thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled or materially altered without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord▇▇▇▇▇▇▇▇’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amount.

Tenant. To the maximum extent this agreement may be made effective according to law, and except as otherwise expressly provided in this Lease, Tenant shall keep agrees to indemnify and save harmless Landlord, Landlord Responsible Parties (as hereinafter defined) and any Mortgagee providing financing with respect to any portion of the Premises from and against all costs, expenses, liabilities, claims, loss, or damage of whatever nature to the extent: (i) arising from the use, occupancy, operation, maintenance or management of the Premises by Tenant or Tenant’s contractors, subtenants, licensees, invitees, agents, servants or employees or others for whom Tenant is legally responsible, but in no event any Landlord Responsible Parties (collectively, with Tenant, “Tenant Responsible Parties”) during the Term; (ii) arising from any accident, physical injury or physical damage occurring on any portion of the Premises during the Term applicable to that portion of the Premises and any further period during which Tenant retains occupancy of that portion of the Premises; (iii) arising from Tenant’s or Tenant Responsible Parties’ use of Hazardous Materials during the Term or violation of or failure to comply with the provisions of Section 4.3 above with regard to Hazardous Materials during the Term; (iv) arising from any litigation or proceeding not commenced by Landlord relating to or arising out of Tenant’s property on the Premisesuse, and all improvementsoccupancy, alterations and other betterments installed by Tenantoperation, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair maintenance or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use management of the Premises includes any activity to which Landlord or matter that would be excluded from coverage under its employees or agents are made a commercial general liability policyparty without fault on its part, Tenant shall obtain such endorsements to the commercial general liability policy whether commenced by or otherwise obtain insurance to insure all liability against Tenant; or (v) arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in out of a risk which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies is required to be carried insured by Tenant hereunder shall be written as primary policies or its contractors pursuant to Subsection 3.6.1 hereof, and is not contributing with and not so insured, but only to the extent of the insurance limits specified in excess of coverage which Landlord may carry and Subsection 3.6.1 hereof; provided, however, that (x) the foregoing indemnity shall not include any cost or damage to the extent arising from any negligent act or omission or willful misconduct of Landlord or Landlord’s contractors, licensees, invitees, agents, servants or employees or others for whom the Landlord is legally responsible (collectively, with Landlord, “Landlord Responsible Parties”) and (y) in no event shall Tenant be liable under this indemnity for indirect or consequential damages (except that nothing in this Subsection 4.5.1 shall have a deductible any impact on the Landlord’s rights specified in excess Article VII below in the event of a commercially holdover by Tenant). This indemnity and hold harmless agreement shall include indemnity against reasonable amountattorneys’ fees and all other costs, expenses and liabilities incurred or in connection with any such claim or proceeding brought thereon, and the defense thereof.

Tenant. Tenant shall keep indemnify, defend (by counsel reasonably acceptable to Landlord), protect, and hold Landlord and each of Landlord's Indemnitees free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses, attorneys' fees, consultant fees and expert fees, judgments, administrative rulings or orders, fines, costs for death of or injury to any person or damage to any property Tenant Initials: /s/ L.D.S. 21 whatsoever (including, without limitation, water tables, sewer systems and atmosphere), arising from, or caused or resulting, in whole or in part, directly or indirectly, by the release, presence or discharge in, on, under or about the Premises or Building of any Hazardous Materials caused by or arising from the activities of Tenant’s property on , Tenant's agents, employees, licensees, or invitees, or from the Premises, and all improvements, alterations and other betterments installed transportation or disposal of any Hazardous Materials to or from the Premises or Building by Tenant, insured against fire and other risks covered Tenant's agents, employees, licensees or invitees or at Tenant's direction, or by a “Causes of Loss-Special Form” property insurance policy in an amount equal Tenant's failure to comply with any Hazardous Materials Laws, or from Tenant's failure to provide adequate disclosures or warnings required by the replacement cost of such propertyHazardous Materials Laws, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement from any breach by Tenant of the property so insuredobligations in this Article 7. Tenant's indemnification obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Premises or Project, and the presence and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration of or early termination of the Lease Term. Tenant shall also carry commercial general liability insurance written on an occurrence basis further be solely responsible for and shall indemnify, protect, defend and hold the Landlord, and Landlord's Indemnitees harmless from and against all claims, costs and liabilities including actual attorneys' fees and costs, arising out of or in connection with policy limits of not less than Two Million any removal, remediation, clean up, restoration and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject materials required hereunder to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of return the Premises includes and any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements other property of whatever nature to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or their condition existing prior to the Commencement Date and thereafter upon request, but not more than annually, stating that appearance of the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountHazardous Materials.

Tenant. Tenant shall keep not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of Tenant’s property on good quality . Tenant shall not commence the Premisesmaking of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and all improvements(iv) if requested by Landlord, alterations Tenant shall have obtained contingent liability and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property broad form builder's risk insurance policy in an amount equal satisfactory to Landlord to cover any perils relating to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability proposed work not covered by insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder pursuant to Article 9. In no event shall be written as primary policies not contributing with and not Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in excess the floor, roof or exterior walls of coverage which Landlord may carry and the Leased Premises. As used in this Article, the term "modifications, alterations and/or improvements" shall not have a deductible in excess include, without limitation, the installation of a commercially reasonable amountadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Tenant. Tenant shall keep comply with all applicable environmental laws concerning application, storage and handling of Tenant’s property on the Premiseschemicals (including, without limitation, herbicides and all improvements, alterations insecticides) and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredfertilizers. Tenant shall also carry commercial general liability insurance written apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on an occurrence basis with policy limits of the premises for more than one year. Farm chemicals for use on other properties may not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount be stored on this property. Chemicals stored on the premises shall be subject stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to periodic increase based upon inflationconstitute disposal. Tenant shall employ all means appropriate to insure that well or ground water contamination does not occur and shall be responsible to follow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, increased not main well check valve). Tenant shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Tenant shall haul end spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the premises. Solid waste may not be disposed of on the premises. Dead livestock may not be buried on the premises. If disposal of solid waste or burial of dead animals is permitted as stated in the previous two sentences, the disposal or burial shall be in compliance with all applicable environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the premises. Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on premises. Tenant shall assume liability awards, recommendation and shall indemnify and hold Landlord harmless for any claim or violation of Landlord’s professional insurance advisers and other relevant factors. In addition, if standards which results from Tenant’s 's use of the Premises includes premises. Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence, in which case each party shall be responsible for that party's defense of any activity or matter that would be excluded from coverage under a commercial general liability policyclaim. After termination, Tenant shall obtain such endorsements to remain liable for violations which occurred during the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating term of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountthis Lease.

Tenant. (a) Tenant shall keep all of Tenant’s property on the Premisesnot pledge, mortgage, transfer or assign its interest, in whole or in part, in and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost Premises or the leasehold estate created hereby without the prior consent of Landlord. (b) Without the prior consent of or notice to Landlord, Tenant may, subject to the provisions of Article 8 (including, without limitation, Section 8.01(e) thereof), sublease, grant, license or permit the use by any third party of any portion of the Welcome Center or the Pier Open Space for Ancillary Uses (an “Occupancy Agreement”), provided that (x) such property, the proceeds of which shall, so long as this Lease is in effect, be used Occupancy Agreement shall include an indemnification provision for the repair or replacement benefit of Landlord substantially in the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrenceform attached hereto as Exhibit L, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of reasonable and customary changes thereto which do not materially and adversely reduce Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes rights thereunder (it being understood that any activity or matter Occupancy Agreement that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but does not more than annually, stating that the coverage satisfy these conditions shall not be cancelled without permitted) and (y) subject to the provisions of Section 13.02(d) hereof, a copy of such Occupancy Agreement (sections of which may be designated by Tenant as “proprietary and confidential”) is provided to Landlord within thirty (30) days advance written after the execution of such Occupancy Agreement, but in no event later than commencement date of such Occupancy Agreement. (c) Notwithstanding anything to the contrary in Sections 13.02(a) or (b) above: (i) In no event shall the daily admission of Museum patrons or invitees or the general public require the prior consent of or notice to Landlord; and (ii) Without the prior consent of or notice to Landlord, Tenant may, subject to the provisions of Article 8 (as applicable), sublease, grant, license or permit the use by any third party of any portion of the Vessels for Permitted Uses. (d) Landlord acknowledges that Tenant may be hereafter providing Occupancy Agreements to Landlord that contain confidential information, including trade secrets and proprietary or confidential information, the disclosure of which may be harmful to Tenant’s competitive position. Accordingly, ▇▇▇▇▇▇▇▇ agrees that it shall maintain the confidentiality of such information that are clearly marked and identified as “proprietary and confidential”; provided that if disclosure requests are received by Landlord pursuant to the Freedom of Information Law or any judicial or legislative subpoena, requesting any such proprietary or confidential information provided to Landlord by Tenant, Landlord shall be named as an additional insured on give Tenant prior notice and the opportunity to object to such policy together with, upon written Freedom of Information Law request from Landlord, Landlord’s mortgagee or subpoena (it being understood and Landlord’s managing agent. All insurance policies required agreed that Landlord shall have the right to make disclosures believed in good faith to be carried required under the Freedom of Information Law or other applicable law notwithstanding any objection of Tenant). Tenant understands and acknowledges that Landlord is a public authority of the State of New York and is subject to review and oversight by Tenant hereunder legislative and other regulatory bodies, and that Landlord is required by law and may be compelled or requested by such oversight bodies to make public disclosure of information regarding this Lease and any Occupancy Agreement, and shall be written as primary policies not contributing with and not fully entitled to do so without objection from Tenant, except in excess of coverage which Landlord may carry and shall not have a deductible the limited circumstances described in excess of a commercially reasonable amountthis Section 13.02(d).

Tenant. Tenant, at its expense, shall maintain and keep the interior ------ of the Building in good order and repair at all times during the Term following the Substantial Completion Date and perform the Tenant services set out in Section 9.7. In the event of a default by Tenant of its obligations under the foregoing sentence, Landlord shall, at Landlord's option, perform any maintenance or make any repairs to the Building as Landlord shall keep all deem necessary or desirable. Landlord shall also (a) perform any maintenance or make any repairs to the portions of Tenant’s property on the Premises other than the Building as Landlord shall desire for the safety, operation or preservation of the Premises, and all improvements(b) perform any maintenance or make any repairs to the Premises as Landlord (x) shall deem necessary for the safety, alterations operation or preservation of the Premises or (y) may be required or requested to do by the County of Sarasota or by the order or decree of any court or by any other proper authority. Tenant shall reimburse Landlord for any such maintenance or repairs of the Premises pursuant to this Section 11.1. All repairs, restorations and other betterments installed replacements performed by Tenant or at Tenant's direction shall be in conformity with the provisions of this Lease and shall be of a quality and class at least equal to the original work or installations or, if higher, the then standards for the Premises established by Landlord and, in either case, shall be done in a good and workmanlike manner. If Tenant, after written notice from Landlord, fails to meet its obligations under this subsection, Landlord may complete such obligations in a manner consistent with a first-class office building in metropolitan Sarasota and Tenant shall reimburse Landlord for the cost of completing same upon receipt of an invoice from Landlord for the work or repairs, plus interest from the date of payment by Landlord until payment by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to at the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountDefault Rate.

Tenant. During the Term hereof, Tenant shall keep all of Tenant’s property on in full force and effect the Premises, following insurance and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property shall provide appropriate insurance policy in an amount equal certificates to Landlord prior to the replacement cost Lease Commencement Date and annually thereafter before the expiration of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial each policy: (1) Commercial general liability insurance written on for the benefit of Tenant and Landlord as an occurrence basis additional insured, with policy limits a limit of not less than Two Million and No/100 Dollars ($2,000,000.00) each combined single limit per occurrence, which initial against claims for personal injury liability including, without limitation, bodily injury, death or property damage liability and covering (a) the business(es) operated by Tenant and by any subtenant of Tenant on the Premises, (b) operations of independent contractors engaged by Tenant for services or construction on or about the Premises, and (c) contractual liability; (2) All risk property insurance, insuring the personal property, furniture, furnishings and fixtures belonging to Tenant located on the Premises for not less than one hundred percent (100%) of the actual replacement value thereof; (3) Workers' compensation in the amount required by law; and (4) Business interruption or loss of income insurance in amounts satisfactory to Landlord, with a rental interruption rider assuring Landlord that the rent due hereunder will be paid for a period of not less than twelve (12) months or the remaining term of this Lease, whichever is shorter, if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of all risk insurance. Each insurance policy obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord with at least thirty (30) days' prior written notice of any material change, non-renewal or cancellation of the policy, shall be subject in a form satisfactory to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers Landlord and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by taken out with an insurer or insurers who are approved insurance company authorized to issue insurance policies do business in the State in which the Premises are Project is located and have an A.M. Best financial strength rating of A- or better rated not less than Best's Financial Class X and financial size category of VII or largerBest's Policy Holder Rating Project is located and rated not less than Best's Financial Class X and Best's Policy Holder Rating "A". In addition, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such any insurance policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried obtained by Tenant hereunder shall be written as a primary policies policy, and shall not be contributing with and not or in excess of any coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amount.carry. The

Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair (including contracting with a professional, insured janitorial service provider to provide janitorial services to the Project five (5) days per week, which janitorial services shall include interior and exterior window washing and cleaning all bathrooms in the Building) and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and the restrooms in the Building, and every part thereof, including, without limitation, Tenant's trade fixtures, installations, equipment and other personal property items within the Premises. All such repairs, maintenance and replacements by Tenant shall keep all be performed in a good and workmanlike manner. Tenant shall, upon the expiration or sooner termination of the Term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant’s property on the Premises's sole expense, and all improvements, alterations and other betterments installed be responsible for repairing any area damaged by Tenant, insured against fire Tenant's agents, employees, invitees and other risks covered visitors. All repairs and replacements by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million be made and No/100 Dollars performed: ($2,000,000.00a) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers at Tenant's cost and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain expense and at such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter time and in such amounts manner as Landlord may reasonably require. Such commercial general liability insurance designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation (id) provided by an insurer in a manner and using equipment and materials that will not interfere with or insurers who are approved to issue insurance policies impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the State in which Building or the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largerProject, and (iie) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, Landlord shall be evidenced by a certificate delivered to Landlord on or prior to have the Commencement Date and thereafter upon requestright, but not more than annuallythe obligation, stating that to enter the coverage Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the cost of the maintenance, repairs or refurbishing). Tenant shall not be cancelled without thirty (30) days advance maintain written notice records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to perform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee full and Landlord’s managing agent. All insurance policies required to be carried complete copies of all service or maintenance contracts entered into by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountfor the Premises.

Tenant. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant's sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, Tenant's trade fixtures, installations, equipment and other personal property items within the Premises. All such repairs, maintenance and replacements by Tenant shall keep all be performed in a good and workmanlike manner. Tenant shall, upon the expiration or sooner termination of the Term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant’s property on the Premises's sole expense, and all improvements, alterations and other betterments installed be responsible for repairing any area damaged by Tenant, insured against fire Tenant's agents, employees, invitees and other risks covered visitors. All repairs and replacements by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million be made and No/100 Dollars performed: ($2,000,000.00a) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers at Tenant's cost and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain expense and at such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter time and in such amounts manner as Landlord may reasonably require. Such commercial general liability insurance designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (id) provided by an insurer in a manner and using equipment and materials that will not interfere with or insurers who are approved to issue insurance policies impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the State in which Building or the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largerProject, and (iie) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in accordance with the obligations under the Lease, Landlord shall be evidenced by a certificate delivered to Landlord on or prior to have the Commencement Date and thereafter upon requestright, but not more than annuallythe obligation, stating that to enter the coverage Premises and perform such maintenance, repairs or refurbishing at Tenant's sole cost and expense (including a sum for overhead to Landlord equal to ten percent (10%) of the cost of the maintenance, repairs or refurbishing). Tenant shall not be cancelled without thirty (30) days advance maintain written notice records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to Landlordperform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee full and Landlord’s managing agent. All insurance policies required to be carried complete copies of all service or maintenance contracts entered into by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountfor the Premises.

Tenant. Tenant shall keep comply with all applicable environmental laws concerning application, storage and handling of Tenant’s property on the Premiseschemicals (including, without limitation, herbicides and all improvements, alterations insecticides) and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredfertilizers. Tenant shall also carry commercial general liability insurance written apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on an occurrence basis with policy limits of the premises for more than one year. Farm chemicals for use on other properties may not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount be stored on this property. Chemicals stored on the premises shall be subject stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to periodic increase based upon inflationconstitute disposal. Tenant shall employ all means appropriate to insure that well or ground water contamination does not occur and shall be responsible to follow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, increased not main well check valve). Tenant shall properly post all fields (when posting is required whenever chemicals are applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the premises. Solid waste be disposed of on the premises. Dead livestock may not be buried on the premises. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the premises. No human waste septic systems are presently identified Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on premises. Tenant shall assume liability awards, recommendation and shall indemnify and hold Landlord harmless for any claim or violation of Landlord’s professional insurance advisers and other relevant factors. In addition, if standards which results from Tenant’s 's use of the Premises includes premises. Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence, in which case each party shall be responsible for that party's defense of any activity or matter that would be excluded from coverage under a commercial general liability policyclaim. After termination, Tenant shall obtain such endorsements to remain liable for violations which occurred during the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating term of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountthis Lease.

Tenant. Tenant shall keep all not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld or delayed. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant’s property on expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by landlord, in substantial compliance with the PremisesLandlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality, Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and all improvements(iv) if requested by landlord, alterations Tenant shall have obtained contingent liability and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property broad form builder’s risk insurance policy in an amount equal satisfactory to Landlord to cover any perils relating to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability proposed work not covered by insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder pursuant to Article 9. In no event shall be written as primary policies not contributing with and not Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in excess the floor, roof or exterior walls of coverage which Landlord may carry and the Leased Premises. As used in this Article, the term “modifications, alterations and/or improvements” shall not have a deductible in excess include, without limitation, the installation of a commercially reasonable amountadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Tenant. Tenant shall keep comply with all applicable environmental laws concerning application, storage and handling of Tenant’s property on the Premiseschemicals (including, without limitation, herbicides and all improvements, alterations insecticides) and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredfertilizers. Tenant shall also carry commercial general liability insurance written apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals shall not be stored on an occurrence basis with policy limits the premises. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not less than Two Million be construed to constitute disposal. Tenant shall employ all means appropriate to insure that well or ground water contamination does not occur, and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject responsible to periodic increase based upon inflationfollow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, increased not main well check valve). Tenant shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the premises. Solid waste shall not be disposed of on the premises. Dead livestock shall not be buried on the premises. If disposal of solid waste or burial of dead animals is permitted as stated in the previous two sentences, the disposal or burial shall be in compliance with all applicable environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the premises. Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on premises. Tenant shall assume liability awards, recommendation and shall indemnify and hold Landlord harmless for any claim or violation of Landlord’s professional insurance advisers and other relevant factors. In addition, if standards which results from Tenant’s 's use of the Premises includes premises. Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence, in which case each party shall be responsible for that party's defense of any activity or matter that would be excluded from coverage under a commercial general liability policyclaim. After termination, Tenant shall obtain such endorsements to remain liable for violations which occurred during the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating term of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountthis Lease.

Tenant. Tenant shall shall, at Tenant's sole expense, obtain and keep all in force during the Term of Tenant’s property on the Premisesthis Lease (a) a policy of comprehensive general liability insurance, including personal injury liability, contractual liability, automobile liability, and all improvementscompleted operations liability (if applicable), alterations and other betterments installed by Tenant, insured insuring Tenant against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement any liability arising out of the property so insureduse, occupancy or maintenance of the Premises and naming Landlord as an additional insured as its interests may appear. Tenant Such insurance shall also carry commercial general liability insurance written on an occurrence basis with policy limits have a combined single limit of not less than Two Million and No/100 no/100ths Dollars ($2,000,000.00) each for bodily injury and property damage per occurrence, which initial amount shall be subject to periodic increase based upon inflation(b) "all risk" property insurance for the Premises, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use on a full replacement cost basis of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largerPremises, and (iic) statutory worker's compensation and employer's liability coverage, with limits of not less than $250,000, or qualified self-insurance. The limit of any of such insurance shall be evidenced by a certificate delivered not limit the liability of Tenant hereunder, subject to paragraph 53 of this Lease. If Tenant fails to procure and maintain such insurance Landlord on or prior to the Commencement Date and thereafter upon requestmay, but not more than annually, stating that the coverage shall not be cancelled without required to, procure and maintain the same (after a fifteen (15) day cure period is provided to Tenant), at Tenant's expense to be reimbursed by Tenant as additional rent within thirty (30) days advance of written demand. All insurance required to be obtained by Tenant hereunder shall be issued by companies duly qualified to do business in Texas. Tenant shall deliver to Landlord certificates of insurance showing Landlord as additional insured under general liability coverages and as loss payee under "all risk* insurance, as its interest may appear under the policies. No policy shall be cancelable, allowed to lapse and/or expire and/or be subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. Landlord shall be named as an additional insured on All such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies (subject to subsection B hereunder) not contributing with and not in excess of coverage which Landlord may carry carry. The policy limits set forth herein shall be subject to periodic review, and Landlord reserves the right to require that Tenant increase the liability coverage limits if, in the reasonable opinion of Landlord, the coverage becomes inadequate and is less than commonly maintained by tenants making similar uses in the area of similar buildings. Tenant shall not have a deductible in excess obtain any revised or increased coverage required by Landlord within thirty (30) days of a commercially reasonable amountany such notification from Landlord.

Tenant. Tenant shall keep comply with all applicable environmental laws concerning application, storage and handling of Tenant’s property on the Premiseschemicals (including, without limitation, herbicides and all improvements, alterations insecticides) and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredfertilizers. Tenant shall also carry commercial general liability insurance written apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on an occurrence basis with policy limits of the premises for more than one year. Farm chemicals for use on other properties may not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount be stored on this property. Chemicals stored on the premises shall be subject stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to periodic increase based upon inflationconstitute disposal. Tenant shall employ all means appropriate to insure that well or ground water contamination does not occur, increased and shall be responsible to follow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, not main well check valve). Tenant shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the premises. Solid waste may not be disposed of on the premises. Dead livestock may not be buried on the premises. If disposal of solid waste or burial of dead animals is permitted as stated in the previous two sentences, the disposal or burial shall be in compliance with all applicable environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the premises. Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on premises. Tenant shall assume liability awards, recommendation and shall indemnify and hold Landlord harmless for any claim or violation of Landlord’s professional insurance advisers and other relevant factors. In addition, if standards which results from Tenant’s 's use of the Premises includes premises. Tenant shall assume defense of all claims, except claims resulting from ▇▇▇▇▇▇▇▇'s negligence, in which case each party shall be responsible for that party's defense of any activity or matter that would be excluded from coverage under a commercial general liability policyclaim. After termination, Tenant shall obtain such endorsements to remain liable for violations which occurred during the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating term of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountthis Lease.

Tenant. By entry hereunder and subject to completion of the construction of the initial Landlord’s Improvements, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant, at Tenant’s sole cost and expense, shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, Tenant’s trade fixtures, installations, equipment and other personal property items within the Premises; provided, however, that Tenant shall keep all of not be obligated to make any structural changes to the Premises unless caused by Tenant or Tenant’s property on the Premisesalterations, and all improvementsin no event shall Tenant by obligated to remove ACM as disclosed by Landlord. All such repairs, alterations maintenance and other betterments installed replacements by Tenant shall be performed in a good and workmanlike manner. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear and acts of God excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project. Without limiting the foregoing, Tenant shall, at Tenant’s sole expense, be responsible for repairing any area damaged by Tenant, insured against fire Tenant’s agents, employees, invitees and other risks covered visitors. All repairs and replacements by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million be made and No/100 Dollars performed: ($2,000,000.00a) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if at Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain cost and expense and at such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter time and in such amounts manner as Landlord may reasonably require. Such commercial general liability insurance designate, (b) by contractors or mechanics reasonably approved by Landlord, (c) so that same shall be at least equal in quality, value and utility to the original work or installation, (id) provided by an insurer in a manner and using equipment and materials that will not interfere with or insurers who are approved to issue insurance policies impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the State in which Building or the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largerProject, and (iie) in accordance with the Rules and Regulations attached hereto as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain and/or repair the Premises in accordance with the obligations under the Lease, Landlord shall be evidenced by a certificate delivered to Landlord on or prior to have the Commencement Date and thereafter upon requestright, but not more than annuallythe obligation, stating that to enter the coverage Premises and perform such maintenance and/or repairs at Tenant’s sole cost and expense (including a sum for overhead to Landlord equal to five (5%) of the cost of the maintenance, repairs or refurbishing). Tenant shall not be cancelled without thirty (30) days advance maintain written notice records of maintenance and repairs, as required by any Applicable Law, and shall use certified technicians to Landlordperform such maintenance and repairs, as so required. Tenant shall promptly deliver to Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee full and Landlord’s managing agent. All insurance policies required to be carried complete copies of all service or maintenance contracts entered into by Tenant hereunder for the Premises. Tenant shall be written as primary policies not contributing with bear the cost of replacement of lamps, starters and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountballasts for the lighting fixtures within the Premises.

Tenant. If (a) the provisions of a Third Party Lease grant to Landlord, as tenant thereunder, the right to obtain a Third Party Lease Non-disturbance Agreement and (b) Landlord, at any time after the date hereof, receives notice from the applicable Third Party Lessor that such Third Party Lessor intends to enter into a Fee Mortgage with respect to the Fee Estate subject to such Third Party Lease, then Landlord shall so inform Tenant and shall keep all use its reasonable best efforts to cause the prospective holder of the Fee Mortgage to enter into a Non-disturbance Agreement with Landlord on such prospective holder's customary form. Anything to the contrary contained herein notwithstanding, Landlord's failure to obtain a Third Party Lease Non-disturbance Agreement shall in no event be deemed hereunder to be a default by Landlord under the applicable Third Party Lease or hereunder. Unless Landlord obtains a new lease from the applicable Third Party Lessor pursuant to the preceding provisions, upon any termination or expiration of a Third Party Lease, the Property subject to such Third Party Lease shall be deemed deleted from this Restated Lease and, provided that such expiration or termination was not caused, directly or indirectly, by the acts or omissions of Tenant’s property on , Subtenant or their respective agents, contractors, employees, licensees or invitees, the PremisesFixed Rent shall be adjusted to reflect such deletion in accordance with the Fixed Rent Adjustment Procedures, and all improvements, alterations and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes the amounts held pursuant to this Restated Lease on account of Loss-Special Form” property insurance policy in an amount equal advanced Real Estate Tax payments pursuant to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount Article 4 shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountadjusted accordingly.

Tenant. Tenant shall keep not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefore, which approval shall not be unreasonably withheld. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord approved plans and specifications therefore. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new materials of Tenant’s property on good quality. Tenant shall not commence the Premisesmaking of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and all improvements(iv) if requested by Landlord, alterations Tenant shall have obtained contingent liability and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property broad form builder's risk insurance policy in an amount equal satisfactory to Landlord to cover any perils relating to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insured. Tenant shall also carry commercial general liability proposed work not covered by insurance written on an occurrence basis with policy limits of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder pursuant to Article 9. In no event shall be written as primary policies not contributing with and not Tenant make any modifications, alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in excess the floor, roof or exterior walls of coverage which Landlord may carry and the Leased Premises. As used in this Article, the term "modifications, alterations and/or improvements" shall not have a deductible in excess include, without limitation, the installation of a commercially reasonable amountadditional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.

Tenant. Tenant Tenant's insurance shall keep all be primary. Tenant, at Tenant's sole cost and expense, shall obtain and maintain, for the Term of Tenant’s property on the Premisesthis Lease, insurance policies in form and content and amount, and issued by an insurer, reasonably acceptable to Landlord, naming Landlord as an additional insured, providing the following coverage: (i) all perils included in the classification "fire and extended coverage" under insurance industry practices in effect from time to time in the jurisdiction in which the Building is located covering the Leasehold Improvements, including its fixtures, equipment, furnishings, merchandise, alterations, improvements, alterations and other betterments installed by Tenantcontents, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or full replacement value of said items; and (ii) comprehensive general liability insurance (including contractual liability) which policy is to be in the minimum amount of $1,000,000.00, and in the minimum amount of $500,000.00 with respect to property so insureddamage. Tenant shall also carry commercial general liability deliver to Landlord certificates of insurance written on an occurrence basis with policy limits copies of not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisers and other relevant factors. In addition, if Tenant’s use of the Premises includes any activity or matter that would be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from duplicate originals of each such activity or matter in such amounts as Landlord may reasonably requirepolicy upon request. Such commercial general liability insurance policies shall be contain a provision that each shall (i) provided by an insurer not be cancelable and shall continue in full force and effect unless Landlord has received at least 30 days' prior written notice of such cancellation or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating of A- or better and financial size category of VII or largertermination, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled materially changed without thirty (30) days advance such 30 day's prior written notice to Landlord. Landlord All such insurance shall provide that the insurer shall waive its rights of recovery by way of subrogation against Landlord, its agents and employees as required by this Lease, and shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agentprimary. All insurance policies which Tenant is required to be carried by Tenant hereunder obtain and maintain in this Lease shall be written endorsed with a clause substantially as primary policies not contributing with and not in excess of coverage which Landlord may carry and follows: "This insurance shall not have be invalidated should the insured waive in writing prior to a deductible in excess loss any or all rights of a commercially reasonable amountrecovery against any party for loss occurring to the property described herein." This Article VI shall survive termination of this Lease.

Tenant. Tenant shall keep comply with all applicable environmental laws concerning application, storage and handling of Tenant’s property on the Premiseschemicals (including, without limitation, herbicides and all improvements, alterations insecticides) and other betterments installed by Tenant, insured against fire and other risks covered by a “Causes of Loss-Special Form” property insurance policy in an amount equal to the replacement cost of such property, the proceeds of which shall, so long as this Lease is in effect, be used for the repair or replacement of the property so insuredfertilizers. Tenant shall also carry commercial general liability insurance written apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on an occurrence basis with policy limits of the premises for more than one year. Farm chemicals for use on other properties may not less than Two Million and No/100 Dollars ($2,000,000.00) each occurrence, which initial amount be stored on this property. Chemicals stored on the premises shall be subject stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to periodic increase based upon inflationconstitute disposal. Tenant shall employ all means appropriate to insure that well or ground water contamination does not occur and shall be responsible to follow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, increased not main well check valve). Tenant shall properly post all fields (when posting is required whenever chemicals are applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the premises. Solid waste be disposed of on the premises. Dead livestock may not be buried on the premises. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the premises. No human waste septic systems are presently identified Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on premises. Tenant shall assume liability awards, recommendation and shall indemnify and hold Landlord harmless for any claim or violation of Landlord’s professional insurance advisers and other relevant factors. In addition, if standards which results from Tenant’s 's use of the Premises includes premises. Tenant shall assume defense of all claims, except claims resulting from ▇▇▇▇▇▇▇▇'s negligence, in which case each party shall be responsible for that party's defense of any activity or matter that would be excluded from coverage under a commercial general liability policyclaim. After termination, Tenant shall obtain such endorsements to remain liable for violations which occurred during the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require. Such commercial general liability insurance shall be (i) provided by an insurer or insurers who are approved to issue insurance policies in the State in which the Premises are located and have an A.M. Best financial strength rating term of A- or better and financial size category of VII or larger, and (ii) shall be evidenced by a certificate delivered to Landlord on or prior to the Commencement Date and thereafter upon request, but not more than annually, stating that the coverage shall not be cancelled without thirty (30) days advance written notice to Landlord. Landlord shall be named as an additional insured on such policy together with, upon written request from Landlord, Landlord’s mortgagee and Landlord’s managing agent. All insurance policies required to be carried by Tenant hereunder shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry and shall not have a deductible in excess of a commercially reasonable amountthis Lease.