Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During Tenant shall procure at its cost and expense and keep in effect during the term Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of this Lease risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insured, (iii) providing for blanket contractual coverage, broad form property damage coverage and products completed operations coverage (where applicable), (iv) deleting any liquor liability exclusions, and (v) providing for coverage of employees' automobile non ownership liability. Such insurance shall name Landlord and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required party designated by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing shall be carried by companies shall licensed to do business in California and which have a general policy holders' rating of not less that “A” at least "VIII" as set forth in the latest edition most current issue of "Best’s 's Insurance Guide Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementnot in excess over or contributory with any other valid, (b) a provision that such policy existing and applicable insurance covering the coverage evidenced thereby shall be primary and noncontributing with respect to any policies same loss carried by Landlord and or any other party, shall provide for severability of interests, shall further provide that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any an act or omission of Landlordone of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, its agentsshall afford coverage for all claims based on acts, employees omissions, injury or representativesdamage which occurred or arose (or the onset of which occurred or arose) in whole or part during the policy period, and shall provide that Landlord will receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such insurance or certificates thereof to Landlord mayon or before the Commencement Date, and thereafter at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after least thirty (30) days written notice before the expiration dates of expiring policies; and in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord by the insurerwithin five (5) days after delivery to Tenant of bills therefore. Tenant shall furnish Landlord with renewals or “binders” be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached subject to this Lease adjustment from time to time as Exhibit “E”. To the extent permitted under their respective insurance policies, requested by Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees based upon Landlord's determination of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time amount of such loss insurance generally required for comparable tenants, premises and buildings in the general geographic location of the Building or damagerequired by a lender with an interest in the Building.

Tenant’s Insurance. During Effective as of the term earlier of this Lease (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and any extension thereofcontinuing throughout the Term, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of the following insurance providing “policies: (1) commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, liability insurance (including coverage for property damage, bodily injury and wrongful death personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $5,000,000 in umbrella coverage or, following the expiration of the initial Term, such greater amounts as landlords of similar class buildings in the Northwest Austin, Texas submarket are then generally requiring (which limit and, if the use and occupancy of the Premises include any activity or matter that is or may be increased by excluded from coverage under a commercial general liability policy [e.g., use of hazardous materials or the sale, service or consumption of alcoholic beverages], 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 [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds Landlord and, provided in each case that Landlord has delivered to Tenant written notice of the names and addresses thereof, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee), against liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to correspond to any increase the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and law, sewer back-up, windstorm and collapse coverage) covering the full value of all alterations and improvements and betterments in the limits specified Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (3) cause of loss-special risk form (formerly “all-risk”) insurance covering the full value of all furniture, trade fixtures, equipment and personal property (including property of Tenant or others) in the New Mexico Tort Claims ActPremises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (4) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (5) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits not less than $1,000,000 combined single limit for each accident, insuring Tenant (and naming as additional insureds Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee, in each case to the extent Landlord has provided written notice of such names and addressses), (6) worker’s compensation insurance and employer’s liability insurance with statutory limits, and (7) business interruption insurance in an amount equal to or greater than 12 months of Tenant’s actual, sustained probable loss. Tenant’s insurance shall be primary and non-contributory when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, proof that Tenant’s laboratory use is covered by its commercial general liability policy or that Tenant has obtained separate environmental coverage (provided that Tenant shall not be required to obtain or carry separate pollution liability coverage), and such other evidence reasonably satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises (in any event, within ten days of the effective date of coverage), and at least 15 days prior to each renewal of said insurance, and Tenant shall endeavor to obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies (and if Tenant is not successful, Tenant shall notify Landlord in writing of such cancellation or material change by the deadlines set forth above). All such insurance required to be carried by Tenant hereunder policies shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as with an additional insured, the issuing companies shall have a A.M. Best rating of not less that “A” in the latest edition A+:VIII or better. However, no review or approval of Best’s Insurance Guide and shall be at least a Class XII company. Each any insurance certificate or policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancederogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of in addition to any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached remedy available pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective or otherwise, may, but shall not be obligated to, obtain such insurance policies, Landlord and Tenant hereby waive all rights shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time 15% of such loss or damagecost.

Tenant’s Insurance. During the term of this Lease and any extension thereofTenant, Tenant at its expense, shall maintain in forceforce at all times during the Term and comprehensive general public liability insurance, at its sole cost which shall include coverage for personal liability, contractual liability, tenant's legal liability, bodily injury, death and expenseproperty damage, a policy all on an occurrence basis with respect to the business carried on in or policies from the Premises and Tenant's use and occupancy of insurance providing “commercial general liability” the Premises, with coverage for any one occurrence or claim of not less than two million dollars ($1,000,000 limit per occurrence or such other amounts 2,000,000), which insurance shall include Landlord and Beneficiary as named insured and shall protect Landlord and Beneficiary in respect of claims by Tenant as if Landlord and Beneficiary were separately insured. Such insurance shall be on terms and with insurers reasonably required by acceptable to Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All Any casualty insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business covering the Premises or Tenant's fixtures, property or equipment located in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy Premises shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right rights of subrogation or indemnity or any other claim to which the insurer might otherwise be entitled against Landlord, its agentsthe Beneficiary, employees the Manager and representativestheir respective partners, which arises agents or might arise by reason of any act employees. Tenant shall furnish to Landlord prior to the Commencement Date, certificates or omission of Landlord, its agents, employees or representatives. other evidences acceptable to Landlord may, at any time and as to the insurance from time to time, inspect and/or copy any insurance policies required to be time maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after and, no later than thirty (30) days written notice prior to Landlord by the insurer. date such insurance otherwise would expire, Tenant shall furnish Landlord with renewals certificates confirming the renewal or “binders” continuation of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished for themselves and attached to this Lease as Exhibit “E”. To all others claiming under them, including the extent permitted under their respective insurance policiesinsurer, Landlord and Tenant hereby waive all rights including rights of recovery subrogation against the other and for loss, damage or liability resulting from a risk which is insured against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its controleither party, to the extent of any recovery collectible under such insurance; provided, however, that such loss or damage is insured against under any insurance this waiver shall apply only when permitted by the applicable policy which may have been in force at the time of such loss or damageinsurance.

Tenant’s Insurance. During Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or policies about the Premises, including without limitation Initials /s/ IH Initials /s/ JMJ parking, walkways arid landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required shall be primary and noncontributory with respect to any insurance carried by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy Such policy(ies) shall name Landlord as an additional insuredinsured(s), the issuing companies shall have a rating insure any liability of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementLandlord, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any policies carried by Landlord and that conduct or transactions of any coverage carried by Landlord shall be excess insuranceof said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and (c) a shall contain the insurer’s waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesinvitees. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained Such policy(ies) shall insure performance by Tenant hereunderof the indemnity provisions of Section 14. No such policy hereof. Such policy(ies) shall be cancelable issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or subject to reduction of coverage or other modification or cancellation materially amended, except after thirty upon ten (3010) days prior written notice to Landlord by the insurerLandlord. Tenant shall furnish Landlord at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with renewals Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Landlord’s and Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or “binders” replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any such policy at least twenty (20) days prior to insurance organization or company, necessary for the expiration thereof. A certificate evidencing such insurance shall be furnished maintenance of reasonable fire and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagepublic liability insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancellable except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain obtain and keep in forcefull force and effect (A) an "all risk" insurance policy (including terrorism coverage) with a replacement cost endorsement for all Existing Leasehold Improvements, Tenant's Distribution Systems, Alterations (including the Initial Work) and Tenant's Property at its sole cost the Premises or in the Building and expense, business interruption coverage (including terrorism coverage) covering a policy or policies of insurance providing “commercial general liability” coverage period of not less than $1,000,000 limit per twenty four (24) months, (B) a policy of commercial general liability and property damage insurance on an occurrence or such other amounts basis, with a contractual liability endorsement, (C) worker's compensation insurance policy as reasonably may be required by Landlordapplicable Requirements, (D) employer's liability insurance, and (E) automobile liability insurance including coverage for property damageautomobile non-ownership liability insurance, bodily injury and wrongful death (which limit may be increased as are customarily obtained by written notice from operators of comparable businesses. In addition, in the event that Tenant is permitted by Landlord to correspond to any increase maintain personal or other property (i.e., emergency generator, communications dish, and the like) in locations other than the limits specified in Premises, the New Mexico Tort Claims Act). All insurance policies required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable pursuant to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “clauses (A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (cB) a waiver above shall cover such property and its use by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises Tenant or might arise by reason of any act or omission of Landlord, its Tenant's agents, employees or representativescontractors. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord's managing agent, and any Lessors under Superior Leases and any Mortgagees (whose names shall have been furnished to Tenant) and such other Persons as Landlord maymay identify in writing to Tenant, at any time and from time to time, inspect and/or copy any during the Term, shall be added as additional insureds, as their respective interests may appear with respect to the insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject carried pursuant to reduction of coverage or other modification or cancellation except after thirty clauses (30A) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty and (20B) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractorsabove, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, only to the extent that such of the named insured's negligence with respect to the insurance required to be carried pursuant to clause (B) above. Landlord or, if requested by Landlord, any Mortgagee, shall be named as loss or damage is insured against under any payee with respect to the insurance required to be carried pursuant to clause (A) above. Such policy which may have been in force at the time of such loss or damage.with respect to clause

Tenant’s Insurance. During Tenant shall, at its own expense, keep the Premises insured throughout the term of this Lease Lease: (a) under a general commercial liability insurance in which Landlord shall be an additional insured, insuring the Landlord against any and all liability or claims of liability arising out of, occasioned by or resulting from any extension thereofaccident, Tenant shall maintain cause, event or other happening or otherwise in forceor about the Premises for injuries to any person or persons and for damage to property for limits not less than $1,000,000.00 per occurrence and $2,000,000 annual aggregate, at its sole cost with an additional $5,000,000.00 umbrella; (b) a commercial property insurance policy insuring the Premises, including the Tenant’s improvements to the same for a limit of Insurance not less than 100% of the then insurable value of the Premises and expensethe Tenant’s personal business property upon the Premises, against any loss or damage by fire and such other risks as may be included in the broadest form of extended coverage insurance from time to time available in commercially reasonable amounts specified by Landlord but not less than 100% of the then insurable value of the Premises; and (c) Business Auto Liability covering owned, non-owned and hired vehicles with a policy or policies of insurance providing “commercial general liability” coverage combined single limit of not less than $1,000,000 limit 1,000,000.00 per occurrence or such other amounts accident; and (d) insurance protecting against liability under Worker’s Compensation Laws with limits at least as reasonably required by statute. All insurance provided by Tenant shall be carried in favor of Tenant, Landlord, including coverage for property damage, bodily injury and wrongful death (which limit the holder of any mortgage as their respective interests may appear and shall name Landlord and the holder of any mortgage as additional insureds. The loss under such policies insuring against damage to the Premises by fire or other casualty shall be increased by written notice from payable to the Landlord to correspond to and the holder of any increase in the limits specified in the New Mexico Tort Claims Act)mortgage as their interests may appear. All insurance required to be carried by Tenant hereunder any provision of this Lease shall be issued by such responsible insurance companies acceptable to Landlord and qualified licensed or authorized to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have State of New Jersey and having a rating of not less that “A” A-“ or better. All policies referred to in the latest edition of Best’s Insurance Guide this Lease shall be in such form reasonably acceptable to Landlord and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained obtained by Tenant hereunder. No such policy shall be cancelable or subject to reduction for periods of coverage or other modification or cancellation except after thirty not less than one (301) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageyear.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcepurchase, at its sole cost and own expense, a policy or and keep in force at all times during the Lease Term the policies of insurance providing set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance company with a Best’s rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable); and (c) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant’s Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at Landlord’s option, Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or Landlords of Premises” endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord’s notice addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general liability” coverage or excess liability insurance, including personal injury and property damage, in the amount of not less than $1,000,000 limit per occurrence 2,000,000.00 per; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or such other amounts as reasonably required by Landlorddeaths of persons and property damage based upon or arising out of the ownership, including coverage for property damageuse, bodily injury occupancy or maintenance of a motor vehicle at the Premises and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase all areas appurtenant thereto in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $1,000,000, combined single limit; (iii) commercial property insurance covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to one (1) year’s rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementits business operations, (bvi) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess pollution legal liability insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceshall, at its sole cost and expense, obtain and maintain throughout the term of this Lease, on a policy full replacement cost basis, “all risk” insurance covering all of Tenant’s inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or policies of tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost and expense, comprehensive general liability insurance providing coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, personal injury and property damage. Such liability coverage shall be written on an “commercial general liabilityoccurrence” coverage basis, with limits of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage 1,000,000.00 for property damage, bodily injury to and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase one person and, in respect of injury or death in any one accident, to the limits specified in limit of not less than $3,000,000.00, and property damage insurance against claims for damage or injury to property to the New Mexico Tort Claims Act)limit of not less than $1,000,000.00. All policies of insurance required to be carried by Tenant hereunder shall be issued written by responsible an insurance companies company reasonably acceptable to Landlord and qualified licensed to do business in the State. Each policy State of Colorado; and shall name Landlord and the management company as an additional insurednamed insured and/or loss payee, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas Landlord may direct. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall provide that same shall not be cancelable reduced or subject to reduction of coverage or other modification or cancellation except after cancelled without at least thirty (30) days days’ prior written notice to Landlord by and any mortgagee of Landlord. Certificates evidencing the insurerextent and effectiveness of all of Tenant’s insurance shall be delivered to Landlord and the management company upon request. Tenant shall furnish Landlord with renewals or “binders” The limits of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall not, under any circumstances, limit the liability of Tenant under this Lease. In the event that Tenant fails to maintain any of the insurance required of it pursuant to this provision, Landlord shall have the right (but not the obligation) at Landlord’s election, to pay Tenant’s premiums or to arrange reasonable substitute insurance with an insurance company of Landlord’s choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be furnished payable by Tenant to Landlord immediately upon demand for same. Landlord shall also have the right, but not the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. Landlord’s election to obtain any such insurance coverage for Tenant shall not constitute a cure or waiver of Tenant’s default in that regard. The rights of Landlord hereunder shall be in addition to, and attached not in lieu of, of any other rights or remedies available to Landlord under this Lease or provided by law or in equity. Without limiting the foregoing, in the event that coverage of any risk for which Tenant is responsible pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such insurance policiesor otherwise, Tenant shall promptly reimburse Landlord and Tenant hereby waive all rights of recovery against the other and against the officersfor an amount equal to any deductible incurred, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageimmediately upon demand for same.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A-VII or better and acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord include Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord’s interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. Tenant shall deliver to Landlord may, at any time and from time to time, inspect and/or copy any copies of insurance policies required under this Section 18, or other satisfactory evidence of the existence and amounts of such insurance (which for liability insurance shall be at least in the form of an XXXXX 25 certificate modified to be maintained provide the same assurances as an XXXXX 27 certificate does for property insurance), but not simply an XXXXX 25 certificate), before the date Tenant is given possession of the Premises, and annually thereafter, within 30 days after any demand by Tenant hereunderLandlord. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after thirty (30) days 30 days’ written notice to Landlord. In any event deductible amounts under all insurance policies required to be carried by Tenant under this Lease shall not exceed $10,000 per occurrence. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord by may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the insurerTenant the premiums, which shall be payable upon demand. Landlord may procure such insurance on behalf of Tenant without regard to any Tenant cure rights set forth in Section 24. Tenant shall furnish Landlord with renewals or “binders” of any have the right to provide such policy at least twenty (20) days prior insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesPremises, Landlord Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During Tenant shall, during the entire term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its Tenant’s sole cost and expense, a policy but for the mutual benefit of Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or policies of property damage occurring upon, in or about the entire property described on Exhibit “B” attached hereto and on, in or about the adjoining streets and passageways, such insurance providing “commercial general liability” coverage to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant’s property, fixtures, equipment, tools, improvements, stock, goods, wares or such other amounts as merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (to cover future risks against which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)a prudent Tenant would protect itself. All policies of insurance required to be carried by Tenant hereunder provided for herein shall be issued by responsible insurance companies acceptable to Landlord with a general policy holder’s rating of not less than A and a financial rating of AAA, as rated in the most current available “Best’s Guide” Insurance Reports, and qualified to do business in the Statestate of Utah. Each policy The policies for the foregoing insurance shall name provide that the proceeds thereof shall be payable to Tenant and to Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to Landlord as by an additional insured, the issuing companies shall have a rating of not less that “A” insurance carrier in the latest edition form of Best’s Insurance Guide and shall be at least either a Class XII company. Each copy of the policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the or other written verification of insurance coverage evidenced thereby shall be primary and noncontributing with respect acceptable to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission mortgagee of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to shall provide that Landlord be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after given thirty (30) days written notice prior to Landlord by the insurer. Tenant shall furnish Landlord with renewals any cancellation or “binders” alteration of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”policy. To the extent permitted under their respective insurance policiesthat Tenant fails to provide the foregoing insurance, Landlord and either hazard or liability, Tenant hereby waive all rights of recovery against the other and against the officersshall be responsible to Landlord, employeesas his interest appears, agents and representatives, contractors, and invitees of the other, on account of loss by or for such damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may would have been in force at the time of insured by said policies but for Tenant’s failure to obtain such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, (a) Tenant shall maintain in force, at its sole own cost and expense, a policy or policies expense (i) insurance against fire and such other perils as may be included in the then-current Insurance Services Office fire and special extended coverage insurance form on the Leasehold Improvements installed by Tenant and Tenant’s Property in an amount adequate to cover their replacement cost; and (ii) comprehensive general liability insurance on an occurrence basis with limits of insurance providing “commercial general liability” coverage of liability in an amount not less than $1,000,000 5,000,000 combined single limit per for each occurrence or such other amounts as reasonably required by Landlord, including coverage for property damagewith respect to loss of life, bodily or personal injury and wrongful death (which limit may be increased damage to property by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)water or otherwise. All such insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to insurers approved by Landlord (which approval shall not be unreasonably withheld) and qualified authorized to do business in the State. Each policy Commonwealth of Massachusetts, shall name Landlord as an additional insured, the issuing companies shall have provide for a rating of deductible not less that “A” in the latest edition of Best’s Insurance Guide greater than $25,000.00 from any loss payable and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that whereby each insurer agrees not to cancel such policy insurance without 30 days’ prior written notice to Landlord. All such insurance shall also contain appropriate endorsements denying Tenant’s insurers the right of subrogation against Landlord and the coverage evidenced thereby waivers by all such insurers of all rights of recovery against Landlord in connection with any loss or damage by peril included within such insurance coverage, and Landlord shall not be primary liable to Tenant for loss or damage resulting from such included peril, and noncontributing Tenant releases Landlord from any and all claims with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by such loss to the insurer extent of any right of subrogation against Landlord, its agents, employees and representatives, which arises the insurance proceeds paid with respect thereto. On or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by before the insurer. Commencement Date Tenant shall furnish Landlord with renewals or “binders” of any such policy a certificate evidencing the aforesaid insurance coverage, and renewal certificates shall be furnished to Landlord at least twenty (20) 30 days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time date of such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain at all times during the Term insurance coverage meeting the requirements set forth in forceSections (A) and (C) of Exhibit J attached hereto. The limits of such insurance shall not limit the liability of Tenant. Tenant’s insurance shall be primary insurance and shall not be considered contributory insurance with any insurance policies of Landlord. Landlord’s insurance shall apply in excess of all insurance coverage required of Tenant in accordance with this Section 7.02 and Exhibit J, at whether such insurance is primary, contingent or on any other basis, and regardless of whether such Tenant’s insurance coverage is valid or collectible. Tenant shall deliver to Landlord and all Additional Insureds (as defined in Exhibit J), prior to Tenant having access to the Building (pursuant to the provisions of Section 4.01(b) or otherwise), fully paid-for policies or certificates of insurance for all such required insurance, in form reasonably satisfactory to Landlord, issued by the insurance company or its sole cost authorized agent. An Accord Form Certificate of Insurance (Accord 25 for Liability and expenseAccord 27 for Property) or its equivalent shall be deemed reasonably satisfactory to Landlord. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, a and Tenant shall endeavor to deliver to Landlord and any Additional Insureds such renewal policy or policies a certificate thereof at least 30 days before the expiration of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed to do business in New York State (except the Products and Completed Operations Liability policy, which shall not be required to be issued by a company authorized to do business in New York State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of ) and rated by Best’s Insurance Guide Reports or any successor publication of comparable standing as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any Additional Insureds are given at least a Class XII company30 days prior written notice of such cancellation, lapse or modification. Each policy Tenant shall contain (a) a cross-liability endorsement, (b) a provision that such policy and cooperate with Landlord in connection with the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer collection of any right insurance moneys that may be due in the event of subrogation against Landlord, its agents, employees loss and representatives, Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which arises or might arise by reason of may be required to recover any act or omission of Landlord, its agents, employees or representativessuch insurance moneys. Landlord may, at any time and may from time to time, inspect and/or copy any time require that the amount of the insurance policies required to be maintained by Tenant hereunderunder this Section 7.02 be increased and/or that Tenant provide additional insurance coverage, so that the insurance maintained by Tenant adequately protects Landlord’s interest; provided, that any such increased amounts or additional coverage shall not be materially in excess of the amounts and coverage landlords of similar First Class Office Buildings require their tenants to maintain. No In the event Tenant fails to maintain the limits or coverages as required herein, Landlord may obtain such policy insurance as an agent of the Tenant without prior notice. Any premiums paid by Landlord in connection with such insurance obtained by Landlord together with interest thereon at the Interest Rate from the date paid by Landlord until the date reimbursed by Tenant shall be cancelable or subject payable by Tenant to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain keep in force, at its sole cost full force and expense, effect throughout the Lease Term a policy or policies of insurance providing commercial property insurance, issued on an “all risks” basis insuring the full replacement cost of its furniture, equipment, supplies and all other personal property owned, leased, held or possessed by it and located upon the Building, and the capital additions and tenant improvements made to the Leased Premises by Tenant (with a replacement cost endorsement sufficient to prevent Tenant from becoming a co-insurer). Tenant shall also procure at its expense and maintain throughout the Lease Term a policy or policies of commercial general liability” coverage liability insurance, and workers’ compensation insurance as required by applicable law, including but not limited to, insurance for assumed or contractual liability under this Lease, all written on an occurrence basis and insuring Tenant, Landlord, any mortgagee, and any other person with an insurable interest designated by Landlord, against any and all liability for injury to or death of a person or persons and for damage to property occasioned by or arising out of any occurrence on the Building, or arising out of the condition, use or occupancy of the Building, or in any way occasioned by or arising out of the activities of Tenant, its agents, contractors, employees, guests or licensees in the Building, or other portions of the Building or the CSLSC. The limits of such liability policies shall be in combined single limits for both damage to property and personal injury and in amounts not less than Three Million Dollars ($1,000,000 limit per occurrence or such other amounts as reasonably required by 3,000,000.00) for each occurrence. Such liability insurance shall, in addition, extend to any liability of Tenant arising out of the indemnities provided for in this Lease. Tenant shall also require any contractor performing work on the Building for Tenant to carry and maintain, at no expense to Landlord, non-deductible commercial general liability insurance, including but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protection liability coverage for property damage, bodily injury in such amounts and wrongful death (which limit may be increased by written notice from with such companies as Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)shall approve. All insurance required policies procured and maintained by Tenant pursuant to this Section 12.1 shall name Landlord and any additional parties designated by Landlord as additional insured, shall be carried by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified licensed to do business in the State. Each policy shall name Landlord as an additional insuredState of Tennessee reasonably satisfactory to Landlord, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a crossnon-liability endorsement, (b) a provision that such policy cancelable and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or not subject to reduction of coverage or other modification or cancellation material change except after thirty (30) days days’ written notice to Landlord. Such policies or duly executed certificates of insurance with respect thereto, accompanied by proof of payment of the premium therefor, shall be delivered to Landlord by prior to the insurer. Tenant Commencement Date, and renewals of such policies shall furnish be delivered to Landlord with renewals or “binders” of any such policy at least twenty thirty (2030) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their of each respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageterm.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain with respect to the Premises and the Building of which the Premises are a part (i) casualty insurance covering all of Tenant’s fixtures, equipment and personal property, in force, an amount at its sole cost least equal to the full replacement cost; and expense, a policy or policies of insurance providing “(ii) commercial general liability” coverage liability insurance covering the insured against claims of bodily injury, personal injury and property damage arising out of Tenant’s operations or use of the Premises or the Building, including the performance by Tenant of the indemnities set forth herein, with a combined single limit per occurrence of not less than $1,000,000 limit per occurrence 3,000,000.00 (or such other amounts higher limits as is or may be reasonably required by Landlord based upon inflation, increased liability awards, recommendations of Landlord, including coverage for property damage, bodily injury ’s mortgagee or professional insurance advisors and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase is consistent with what comparable tenants are paying in the limits specified general locale of the Building) and $5,000,000.00 in the New Mexico Tort Claims Act)aggregate. All insurance required to be carried maintained by Tenant hereunder shall be issued by with responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Massachusetts and in good standing therein insuring Landlord (and, if requested, Landlord’s lender(s) ) as an additional insured, as well as Tenant, against injury to persons or damage to property as provided above. Tenant shall deposit with Landlord certificates for such insurance at or prior to the issuing companies shall have a rating commencement of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceTerm, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thereafter no later than thirty (30) days after Landlord’s request for same (not more than once per calendar year). All such insurance certificates shall provide that the insurer will endeavor to mail thirty (30) days’ prior written notice to Landlord by the insurer. Tenant each insured named therein prior to such policies being canceled or modified in any material respect but its failure to do so shall furnish Landlord with renewals impose no obligation or “binders” liability of any such policy at least twenty (20) days prior to kind or nature upon Tenant, the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under insurer or their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and or representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcemaintain, at its sole own cost and expense, a policy in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Tenant, as their interests may appear, against all claims, demands or policies actions for bodily injury, personal injury or death of insurance providing “commercial general liability” coverage any one person in an amount of not less than $1,000,000 limit per occurrence 500,000.00; and for bodily injury, personal injury or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to of more than one person in any increase one accident in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $500,000.00; and for damage to property in an amount of not less than $500,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the latest edition form of Best’s Insurance Guide a general coverage or floater policy covering these and other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least a Class XII companyThirty (30) days prior written notice to Landlord. Each policy Any insurance procured by Tenant as herein required shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a an express waiver by the insurer of any right of subrogation by the insurance company against Landlord. The policies, its agentstogether with satisfactory evidence of the payment of the premiums thereon, employees and representativesshall be deposited with Landlord on the day Tenant begins operations. Thereafter, which arises or might arise by reason Tenant shall provide Landlord with evidence of proof of payment upon renewal of any act or omission of Landlordsuch policy, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty not less than Thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to expiration of the expiration thereofterm of such coverage. A certificate evidencing such In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by Landlord in connection therewith shall be furnished and attached to this Lease as Exhibit “E”payable by Tenant upon demand. To Landlord shall carry public liability insurance covering the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees exterior of the otherPremises, on account of loss by or damage including, but not limited to the waiving party or its property or the property of others under its controlsidewalks, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagemalls and parking lot.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, carry (at its sole cost expense during the Term) (I) fire and expenseextended coverage insurance insuring Tenant's Improvements to the Premises and any and all furniture, a policy equipment, supplies, contents and other property owned, leased, held or policies possessed by Tenant and contained therein, such insurance coverage to be in an amount equal to the full replacement value of such improvements and property, as such may increase from time to time; (ii) worker's compensation insurance providing “as required by the laws of the State of Georgia; and (iii) commercial general liability” liability coverage on an occurrence basis for injury to or death of not less than $1,000,000 limit per occurrence a person or persons and for damage to property occasioned by or arising out of the condition, use, or occupancy of the Premises, or other portions of the Building or Property, including contractual liability and such other amounts coverages and endorsements as are reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord such policy to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating combined single limit of not less that “A” than Three Million and no/100 Dollars ($3,000,000) for any bodily injury or property damage occurring as a result of or in connection with the latest edition of Best’s Insurance Guide above. Landlord and Landlord's property manager shall be at least a Class XII company. Each policy named additional insureds on the policies required hereunder and such policies shall contain (a) a cross-liability endorsement, (b) a provision provide that such policy and the coverage evidenced thereby thereunder is primary to, and not contributing with, any policy carried by any such additional insured. Tenant shall be primary and noncontributing have included in all policies of insurance respectively obtained by it with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) the Building or Premises a waiver by the insurer Insurer of any all right of subrogation against Landlordthe Landlord in connection with any loss or damage thereby insured against, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any shall have included in all property insurance policies required to be maintained by Landlord under this lease a waiver by the insurer of all right of subrogation against the Tenant hereunderin connection with any loss or damage thereby insured against. No To the full extent permitted by law, Landlord as to its property insurance policies and Tenant as to all its policies, each waives all right of recovery against the other for, and agrees to release the other from liability for, loss or damage to the extent such policy loss or damage results from a cause covered by valid and collectible insurance in effect at the time of such loss or damage; provided however, that the foregoing release by each party is conditioned upon the other party's carrying insurance with the above described waiver of subrogation to the extent required above, and if such coverage is not obtained or maintained by either party, then the other party's foregoing release shall be cancelable deemed to be rescinded until such waiver is either obtained or subject reinstated. All said insurance policies shall be carried with companies licensed to reduction do business in the State of coverage Georgia reasonably satisfactory to Landlord having. a Best's Rating of A XII or other modification or cancellation better and shall be noncancellable and nonamendable except after thirty (30) days written notice to Landlord. At Landlord's request, duly executed certificates of such insurance shall be delivered to Landlord by prior to the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy Commencement Date and at least twenty thirty (2030) days prior to the expiration thereofof each respective policy term. A certificate evidencing such insurance Landlord shall be furnished have the right to periodically review the coverages required hereunder and attached in the event Landlord deems It reasonably necessary to require additional coverage resulting from inflation or from increases in jury verdicts or other economic conditions in the jurisdiction where the Property is located, Tenant shall obtain the coverage requested by Landlord. Notwithstanding any other provisions in this Lease to the contrary, Tenant shall have the right to self-assume or obtain insurance from an insurance company that is a wholly owned subsidiary of one (1) of the two (2) general partners of the Tenant which insurance company must have a Best's Rating of A XII or better, for all or a portion of the risk which Tenant is required to provide insurance coverage under this Lease. In the event Tenant self-assumes the risk, it will be responsible for all losses and liabilities to the same extent as Exhibit “E”if valid and collectible insurance were in effect. To The foregoing provision concerning the extent permitted under their respective insurance policies, Landlord and right to self-assume shall only apply to the Tenant hereby waive all rights as of recovery against the other and against the officers, employees, agents and representatives, contractorsdate of this Lease, and invitees of the other, on account of loss to no successors and/or assigns unless consented to by or damage to the waiving party or Landlord in its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagesole discretion.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceat all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, at its sole cost with an agreed amount endorsement, and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 5,000,000 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as loss payees as their interests may appear, with limits of not less than the full replacement cost thereof, with an agreed amount endorsement, and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the New Mexico Tort Claims Act)liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of New York State and rated by Best’s Insurance Guide Reports or any successor publication of comparable standing as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be at least a Class XII companypayable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Each policy Tenant shall contain (a) a cross-liability endorsement, (b) a provision that such policy and cooperate with Landlord in connection with the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer collection of any right insurance moneys that may be due in the event of subrogation against Landlord, its agents, employees loss and representatives, Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which arises or might arise by reason of may be required to recover any act or omission of Landlord, its agents, employees or representativessuch insurance moneys. Landlord may, at any time and may from time to time, inspect and/or copy any time require that the amount of the insurance policies required to be maintained by Tenant hereunder. No such policy shall under this Section 7.02 be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by increased, so that the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageamount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceshall, at its sole cost and expense, at all times during the Term of this Lease maintain in effect a policy or policies of insurance (i) covering its personal property located in the Premises and tenant improvements to the Premises paid for and installed by Tenant and Landlord other than as set forth in (a) above, providing “commercial general liability” coverage protection against any peril included under insurance practices within the classification "all risk" and to the full insurable value of such personal property and tenant improvements and (ii) comprehensive public liability insurance with respect to the Premises and the conduct or operation of Tenant's business therein, with limits of not less than One Million and No/100 Dollars ($1,000,000 limit per 1,000,000.00) for death or bodily injury to any one or more persons in a single occurrence or such other amounts as reasonably required by Landlord, including coverage and One Million and No/100 Dollars ($1,000,000.00) for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of hereby waives any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against Landlord for any insured loss or liability occurring to Tenant's personal property and tenant improvements and the other aforesaid policy or policies shall contain appropriate provisions recognizing this release by Tenant and against waiving all rights of subrogation by the officersinsurance carrier. Except for Landlord's or Landlord's agents', employees', agents invitees', licensees' or contractors' negligence or willful misconduct, Tenant hereby indemnifies and representativesholds Landlord harmless from all claims, contractorsdemands, actions, damages, loss, liabilities, judgments, costs and expenses, including, without limitation, attorneys' fees and costs which are suffered by, recovered from or asserted against Landlord and arise from or in connection with the use or occupancy of the Premises and/or any accident, injury or damage occurring in the Premises. Tenant shall maintain a policy or policies of insurance with the premiums paid in advance issued by and binding upon a solvent insurance company, authorized to transact business in Florida, insuring all personal property of tenant upon or within the Premises in an amount equal to the full replacement cost of such property. Tenant shall deliver certificates of such insurance to Landlord on or before the Commencement Date, and invitees of the other, on account of loss by or damage thereafter from time to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageupon request.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A-VII or better and reasonably acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord include Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insuredinsured (but only as to the liability policy carried by Tenant), the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall shall, as to any loss resulting from Tenant’s negligent acts, be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord’s interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representativesrepresentatives (but only as to the property policy). A copy of each certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord maybefore the date Tenant is given possession of the Premises, at and annually thereafter, within thirty (30) days after any time and from time to time, inspect and/or copy any insurance policies required to be maintained demand by Tenant hereunderLandlord therefor. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after endeavoring to provide thirty (30) days days’ written notice to Landlord by (and not less than ten (10) days, in the insurercase of nonpayment of premiums). Tenant agrees that if Tenant does not take out and maintain such insurance following a written notice from Landlord and passage of the applicable cure period under Section 24, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums, which shall be payable upon demand. Tenant shall furnish Landlord with renewals or “binders” of any have the right to provide such policy at least twenty (20) days prior insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesPremises, Landlord Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force(a) Tenant, at its sole cost and expense, shall, at all times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and keep in full force and effect: (i) a policy or policies of insurance providing “commercial general liability” liability policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the leased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to personal liability and property damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all risk property insurance, including theft and, if applicable, boiler and machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Tenant and including property of Tenant's customers located or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($1,000,000 limit 2,000,000) per occurrence for personal injury and death and property damage; (vi) the insurance required under Exhibit B; and (vii) such insurance as may from time to time be required by city, county, state or federal laws, codes, regulations or authorities, together with such other amounts insurance as is reasonably required by necessary or appropriate under the circumstances. The minimum limits of coverage as set forth in this paragraph may from time to time, at Landlord's option, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord nor more than ten percent (10%) per annum, on a cumulative basis, with such increase to correspond to occur not more often than once during each lease year during the term hereof. The deductibles under any increase in the limits specified in the New Mexico Tort Claims Act). All of such insurance required policies to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain exceed Five Thousand Dollars (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage$5,000).

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and expense, a policy shall maintain at all times during the Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all equipment, furniture and other personal property owned or policies of insurance providing “used by Tenant and located in the Premises; (b) commercial general liability” coverage of liability insurance, contractual liability insurance and property damage insurance with respect to the Property and the Premises, with limits to be set by Landlord from time to time but in any event not less than $1,000,000 2,000,000.00 combined single limit per for personal injury, sickness or death or for damage to or destruction of property for any one (1) occurrence and not less than $3,000,000.00 combined single limit for personal injury, sickness or death or for damage or destruction of property for total claims in the aggregate during any one (1) policy year; and (c) insurance against such other risks and in such other amounts as Landlord may from time to time reasonably required by require. The form of all such policies and deductibles thereunder shall be subject to Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)’s prior reasonable approval. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies insurers reasonably acceptable to Landlord and qualified licensed to do business in the StateState in which the Premises are located and shall contain a waiver of any rights of subrogation thereunder. Each In addition, the policies (except for the policy described in (a) above) shall name Landlord and any other parties reasonably designated by Landlord as an additional insuredinsureds, the issuing companies policies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be require at least a Class XII company. Each policy shall contain thirty (a30) a cross-liability endorsement, (bdays’ prior written notice to Landlord and such other parties designated by Landlord of termination or modification which restricts the coverage provided by such policy(s) a provision that such policy and the coverage evidenced thereby policies shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurernot contributory. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty fifteen (2015) days prior to the Commencement Date, and within fifteen (15) days prior to the expiration of each such policy, deliver to Landlord certificates evidencing the foregoing insurance or renewal thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease , as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which case may have been in force at the time of such loss or damagebe.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord with a minimum rating by "Best's Key Rating Guide of A: XII" and qualified to do business in the State. Each policy shall name Landlord Xxxxxxxx, and at Xxxxxxxx's request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancellable except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Xxxxxx does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Xxxxxxxx's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceat all times during the Term (a) "all risk" property insurance covering all present and future Tenant's Property, at its sole Fixtures and Tenant's Improvements and Betterments to a limit of not less than the full replacement cost thereof, and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage liability insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 5,000,000 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase c) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the New Mexico Tort Claims Act)liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Possession Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof; and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed to do business in New York State and rated by Best's Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the Statethen equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days' prior written notice of such cancellation, lapse or modification. Each policy The proceeds of policies providing "all risk" property insurance of Tenant's Fixtures and Improvements and Betterments shall name be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord as an additional insured, in connection with the issuing companies shall have a rating collection of not less any insurance monies that “A” may be due in the latest edition event of Best’s Insurance Guide loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that required to recover any such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesinsurance monies. Landlord may, at any time and may from time to time, inspect and/or copy any time require that the amount of the insurance policies required to be maintained by Tenant hereunder. No such policy shall under this Section 7.02 be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by increased, so that the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageamount thereof adequately protects Landlord's interest.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force(a) Tenant, at its sole cost and expense, shall maintain at all times during the Term Commercial General Liability insurance, including a policy contractual liability endorsement and personal injury liability coverage, in respect of the Premises and the conduct or policies operation of insurance providing “commercial general liability” coverage business therein, with Landlord, the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Instrument to the extent such entity’s name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 limit 5,000,000.00 per occurrence or such other amounts as reasonably required by Landlord, for bodily injury and property damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for property damageterrorism to the extent commercially available) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (ii) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (iv) Workers Compensation insurance in accordance with the laws of the State of New York and (v) Business Automobile Liability insurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and wrongful death property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any motor vehicle owned or leased by Tenant. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, on or before the Commencement Date (or, if earlier, the date on which limit Tenant takes possession of any portion of the Premises). The “All Risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies in respect of Leasehold Improvements shall be payable to Landlord, Tenant and if required under the Ground Lease, the Ground Lessor, as their interests may appear. Tenant and Landlord shall execute and deliver to the other party, such proofs of loss and other instruments which may be increased reasonably required to recover any such insurance proceeds. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insured a certificate thereof issued by the insurer within ten (10) days after the expiration of any existing policy. All such policies shall be issued by licensed companies of recognized responsibility rated by Best’s Insurance Reports or any successor publication of comparable standing at A-/VIII or better or the then equivalent of such rating, and shall contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice from of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (x) set forth the amount of the‌‌‌‌ insurance applicable to the Premises, (y) otherwise comply with the provisions of this Article 12, and (z) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events to the extent such coverage is commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby under this Lease shall be primary insurance for all claims under it and noncontributing shall provide that any insurance carried by Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non­ contributing with any insurance carried by Tenant. Tenant may maintain such deductibles under its insurance policies as Tenant may determine, in Tenant’s judgment, to be reasonable under the circumstances, taking into account Tenant’s net worth, the risks to be insured and any other relevant factors, provided that in no event shall any policy of insurance maintained by Tenant pursuant to this Section 12.03 have a deductible greater than $5,000,000.00, Subject to CPI Adjustment on the 10th anniversary of the Commencement Date (except with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess flood insurance, which shall not have a deductible exceeding the greater of (A) $5,000,000.00, Subject to CPI Adjustment on each anniversary of the Commencement Date and (cB) a waiver by the insurer 5% of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees Tenant’s insurable value of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.Leasehold Improvements and Tenant’s Property).‌‌‌‌‌‌

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcemaintain, at its sole own cost and expense, a policy in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Tenant, as their interests may appear, against all claims, demands or policies actions for bodily injury, personal injury or death of insurance providing “commercial general liability” coverage any one person in an amount of not less than $1,000,000 limit per occurrence $ 1,000,000.00; and for bodily injury, personal injury or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to of more than one person in any increase one accident in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $ 1,000,000.00; and for damage to property in an amount of not less than $ 1,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the latest edition form of Best’s Insurance Guide a general coverage or floater policy covering these and other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least a Class XII companythirty (30) days prior written notice to Landlord. Each policy Any insurance procured by Tenant as herein required shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a an express waiver by the insurer of any right of subrogation by the insurance company against Landlord. The policies, its agentstogether with satisfactory evidence of the payment of the premiums thereon, employees and representativesshall be deposited with Landlord on the day Tenant begins operations. Thereafter, which arises or might arise by reason Tenant shall provide Landlord with evidence of proof of payment upon renewal of any act or omission of Landlordsuch policy, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after not less than thirty (30) days written notice prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry public liability insurance covering the insurerexterior of the Premises, including, but not limited to the sidewalks, malls and parking lot. Tenant shall furnish Landlord pay its pro rata share of the increase in the insurance premium for the Premises above a 1997 base year within ten (10) days after the original billing, date from Landlord. Wherever reference is made to Tenant's "pro rata share," it shall mean the proportion that the square foot area of the Premises shall bear to the entire Center's gross leasable area. The prorating of such share shall be determined by the use of a formula, the numerator of which is the square footage of the Premises (5,030 square feet), and the denominator of which is the gross leasable area of the Center (101,736 square feet) at the commencement of this Lease, with renewals or “binders” the resulting percentage (4.94%) being Tenant's pro rata area of the Center, which, when multiplied by the cost of any such policy at least twenty (20) days prior to additional charges, represents the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights dollar amount of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageTenant's annual pro rata share.

Tenant’s Insurance. During Tenant shall procure at its expense and maintain throughout the term of this Lease Term the following insurance: (a) commercial general liability insurance, insuring Tenant, Landlord and any extension thereofother Person designated by Landlord, against any and all liability for injury to or death of a person or persons and for damage to property occasioned by or arising out of any construction work being done on the Demised Premises, or arising out of the condition, use, or occupancy of the Demised Premises, or in any way occasioned by or arising out of the activities of Tenant shall maintain or any of Tenant's Agents in forcethe Demised Premises, at its sole cost and expenseor other portions of the Building or the Project, a the limits of such policy or policies of insurance providing “commercial general liability” coverage of to be in combined single limits for both damage to property and personal injury and in amounts not less than Three Million Dollars ($1,000,000 3,000,000) for each occurrence (an umbrella policy can be used to satisfy this limit per occurrence requirement); (b) special form/all-risk insurance insuring the full replacement cost of its furniture, fixtures, equipment, supplies, and other property owned, leased, held or possessed by it and contained in the Demised Premises, together with the excess value of the improvements to the Demised Premises over the Construction Allowance (with a replacement cost endorsement sufficient to prevent Tenant from becoming a co-insurer); (c) business income (formerly "business interruption") insurance written on an actual loss sustained form or with sufficient limits to address reasonably anticipated business interruption losses; and (d) worker's compensation insurance as required by applicable law. Tenant shall also carry such other amounts as types of insurance in form and amount which Landlord reasonably required by Landlorddeems to be prudent for Tenant to carry, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in should the limits specified in the New Mexico Tort Claims Act)circumstances or conditions so merit Tenant carrying such type of insurance. All insurance required policies procured and maintained by Tenant pursuant to this Article 11 must name Landlord and any additional parties designated by Landlord as additional insureds, be carried by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified licensed to do business in the State. Each policy shall name Landlord as an additional insured, state in which the issuing companies shall have Project is located having a rating from Best's Insurance Reports of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancethan A-/VIII, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees be non-cancelable and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or not subject to reduction of coverage or other modification or cancellation material change except after thirty (30) days days' written notice to Landlord (which written notice may be provided by Tenant's insurance carrier or by Tenant). Such policies or duly executed certificates of insurance with respect thereto, accompanied by proof of payment of the insurer. Tenant shall furnish premium therefor, must be delivered to Landlord with prior to the Rental Commencement Date, and renewals or “binders” of any such policy policies must be delivered to Landlord at least twenty thirty (2030) days prior to the expiration thereof. A certificate evidencing such of each respective policy term (which written notice may be provided by Tenant's insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss carrier or by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageTenant).

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). 23.01 All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the State. Each policy shall name Landlord Landlord, Landlord’s Management Company and any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (contain: a) a cross-liability endorsement, (; b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, ; and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises under such policy or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. A certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord maybefore the date Tenant is first given the right of possession of the Premises, at and thereafter within thirty (30) days after any time and from time to time, inspect and/or copy any insurance policies required to be maintained demand by Tenant hereunderLandlord therefore. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancelable, except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord’s lender. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure insurance on Tenant’s behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective insurance blanket policies, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcemaintain, at its sole own cost and expense, a policy in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Tenant, as their interests may appear, against all claims, demands or policies actions for bodily injury, personal injury or death of insurance providing “commercial general liability” coverage any one person in an amount of not less than $1,000,000 limit per occurrence 1,000,000.00; and for bodily injury, personal injury or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to of more than one person in any increase one accident in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $ 1,000,000.00; and for damage to property in an amount of not less than $1,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the latest edition form of Best’s Insurance Guide a general coverage or floater policy covering these and other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least a Class XII companythirty (30) days prior written notice to Landlord. Each policy Any insurance procured by Tenant as herein required shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a an express waiver by the insurer of any right of subrogation by the insurance company against Landlord. The policies, its agentstogether with satisfactory evidence of the payment of the premiums thereon, employees and representativesshall be deposited with Landlord on the day Tenant begins operations. Thereafter, which arises or might arise by reason Tenant shall provide Landlord with evidence of proof of payment upon renewal of any act or omission of Landlordsuch policy, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after not less than thirty (30) days written notice prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry public liability insurance covering the insurerexterior of the Premises, including, but not limited to the sidewalks, malls and parking lot. Tenant shall furnish Landlord pay its prorata share of the increase in the insurance premium for the Premises above a 1997 base year within ten (10) days after the original billing date from Landlord. Wherever reference is made to Tenant's "pro rata share," it shall mean the proportion that the square foot area of the Premises shall bear to the entire Center's gross leasable area. The prorating of such share shall be determined by the use of a formula, the numerator of which is the square footage of the Premises (7,200 square feet), and the denominator of which is the gross leasable area of the Center (101,736 square feet) at the commencement of this Lease, with renewals or “binders” the resulting percentage (7.08%) being Tenant's pro rata area of the Center, which, when multiplied by the cost of any such policy at least twenty (20) days prior to additional charges, represents the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights dollar amount of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageTenant's annual pro rata share.

Tenant’s Insurance. During the term of this Lease and any extension thereof, (a) Tenant shall maintain procure, pay for and keep in force, at its sole cost force throughout the Term (and expense, a policy or policies for so long thereafter as Tenant remains in occupancy of insurance providing “the Premises) commercial general liability” coverage liability insurance insuring Tenant on an occurrence basis against all claims and demands for personal injury liability (including, without limitation, bodily injury, sickness, disease, and death) or damage to property which may be claimed to have occurred from and after the time any of the Tenant Parties shall first enter the Premises, of not less than Two Million Dollars ($1,000,000 limit per occurrence or 2,000,000), and from time to time thereafter shall be not less than such other amounts higher amounts, if procurable, as may be reasonably required by Landlord, including Tenant shall also carry umbrella liability coverage for property damagein an amount of no less than Three Million Dollars ($3,000,000), bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each Such policy shall also include contractual liability coverage covering Tenant’s liability assumed under this Lease, including without limitation, Tenant’s indemnification obligations. Such insurance policy(ies) shall name Landlord Landlord, Landlord’s managing agent and persons claiming by, through or under them, if any, as an additional insuredinsureds. Notwithstanding the foregoing, so long as the issuing companies holder of Tenant’s interest under this Lease is Horizon Discovery Inc., Tenant shall have the right, in lieu of maintaining a rating base commercial general liability policy with a limit of not less that “A” than Two Million Dollars ($2,000,000) and an umbrella liability coverage policy in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain an amount not less than Three Million Dollars (a$3,000,000), to maintain (i) a cross-base commercial general liability endorsement, policy of not less than One Million Dollars (b$1,000,000) a provision that such names Landlord and any Landlord Parties as additional insureds and (ii) an umbrella policy of not less than Four Million Dollars ($4,000,000) that does not name Landlord or any Landlord Parties as additional insureds but indemnifies Landlord and the coverage evidenced thereby shall be primary and noncontributing with respect to Landlord Parties for any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No claims covered under such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageumbrella policy.

Tenant’s Insurance. During Effective as of the term of this Lease Commencement Date, and any extension thereofcontinuing throughout the Term, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of the following insurance providing “policies: (A) commercial general liability” coverage liability insurance in amounts of not less than $1,000,000 limit 5,000,000 per occurrence or or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably required require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], 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 [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, including coverage Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property damagearising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, bodily injury and wrongful death operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment (which limit it being further acknowledged that Tenant’s obligation to carry such liability insurance may be increased satisfied by written notice from coverage under an excess liability policy or policies provided that the coverage afforded Landlord to correspond to any increase will not be reduced or diminished and the requirements set forth in this Lease are otherwise satisfied by such excess liability policy or policies), (B) insurance covering the replacement cost of the Generator Space and all alterations and improvements and betterments in the limits specified Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the replacement cost of all furniture, trade fixtures and personal property (including property of Tenant or others) in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business Premises or otherwise placed in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have Project by or on behalf of a rating of not less that “A” in the latest edition of BestTenant Party (including Tenant’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a crossOff-liability endorsementPremises Equipment), (bD) a provision that contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (cF) a waiver by the insurer of any right of subrogation against business interruption insurance in an amount reasonably acceptable to Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any Tenant’s insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of provide primary coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerwhen any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Prior to execution of this Lease, Tenant shall furnish to Landlord with renewals certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or “binders” a material change of any such policy at least twenty (20) days prior to the expiration thereofinsurance policies. A certificate evidencing All such insurance policies shall be furnished in form, and attached issued by companies with an A.M. Best rating of A-:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective or otherwise, may, but shall not be obligated to, obtain such insurance policies, Landlord and Tenant hereby waive all rights of recovery against shall pay to Landlord on demand the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagepremium costs thereof.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcepurchase, at its sole cost and own expense, a policy or and keep in force at all times during the Lease Term the policies of insurance providing “set forth below (collectively, "Tenant's Policies"). All Tenant's Policies shall (a) be issued by an insurance company with a Best's rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant's Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All certificates of insurance for Tenant's Policies shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord's corporate and regional notice addresses at least 30 days after renewal of any such Tenant's Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence and such failure continues for 5 business days after notice from Landlord to Tenant, Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent. Tenant shall give prompt notice to Landlord of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant's Policy(ies) of: (i) commercial general liability” coverage or excess liability insurance, including personal injury and property damage, in the amount of not less than $1,000,000 limit 2,000,000.00 per occurrence occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or such other amounts as reasonably required by Landlorddeaths of persons and property damage based upon or arising out of the ownership, including coverage for property damageuse, bodily injury occupancy or maintenance of a motor vehicle at the Premises and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase all areas appurtenant thereto in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $1,000,000, combined single limit; (iii) commercial property insurance (including reasonable business interruption limits) covering Tenant's Property (at its full replacement cost); (iv) workers' compensation insurance per the applicable statutes covering all employees of Tenant; and if Tenant handles, stores or utilizes Hazardous Substances in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementits business operations, (bv) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess pollution legal liability insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During To maintain in full force from the term date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease Lease, and thereafter, so long as Tenant is in occupancy of any extension thereofpart of the Premises, commercial general liability insurance or comprehensive general liability insurance written on an occurrence basis with a broad form comprehensive liability endorsement under which Tenant shall maintain is the named insured and Landlord and Landlord’s managing agent (and such persons as are in forceprivity of estate with Landlord and Landlord’s managing agent as may be set out in notice from time to time) are named as additional insureds with limits which shall, at its sole cost the commencement of the Term, be at least equal to those stated in Section 1.1 and expensefrom time to time during the Term shall be for such higher limits, a policy if any, as are customarily carried in the Boston West Suburban Market with respect to similar properties or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as which may reasonably be required by Landlord, including coverage and worker’s compensation insurance with statutory limits covering all of Tenant’s employees working in the Premises, and to deposit with Landlord on or before the earlier of the date Tenant enters the Premises or the Commencement Date and concurrent with all renewals thereof, certificates for property damage, bodily injury and wrongful death such insurance bearing the endorsement that the policies will not be canceled until after thirty (which limit may be increased by 30) days’ written notice from Landlord to correspond to any increase Landlord. In addition, in the limits specified event Tenant hosts a function in the New Mexico Tort Claims Act)Premises, Tenant agrees to obtain and maintain, and cause any persons or parties providing services for such function to obtain, the appropriate insurance coverages as determined by Landlord (including liquor liability, if applicable) and provide Landlord with evidence of the same. All insurance required to be carried maintained by Tenant hereunder pursuant to this Lease shall be issued by maintained with responsible insurance companies acceptable to Landlord and qualified to do business business, and in good standing, in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall Commonwealth of Massachusetts and which have a rating of at least “A-” and are within a financial size category of not less that than “AClass VIII” in the latest edition of most current Best’s Insurance Key Rating Guide and shall or such similar rating as may be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried reasonably selected by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No if such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage Guide is insured against under any insurance policy which may have been in force at the time of such loss or damageno longer published.

Tenant’s Insurance. During Tenant agrees, at Tenant’s expense, to secure and keep in force during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or policies about the Premises, including without limitation parking, walkways and landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required shall be primary and noncontributory with respect to any insurance carried by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy Such policy(ies) shall name Landlord as an additional insuredinsured(s), the issuing companies shall have a rating insure any liability of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementLandlord, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any policies carried by Landlord and that conduct or transactions of any coverage carried by Landlord shall be excess insuranceof said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and (c) a shall contain the insurer’s waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesinvitees. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained Such policy(ies) shall insure performance by Tenant hereunderof the indemnity provisions of Section 14. No such policy hereof. Such policy(ies) shall be cancelable issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or subject to reduction of coverage or other modification or cancellation materially amended, except after thirty upon ten (3010) days prior written notice to Landlord by the insurerLandlord. Tenant shall furnish Landlord at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with renewals Landlord. Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the replacement value of all Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or “binders” replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any such policy at least twenty (20) days prior to insurance organization or company, necessary for the expiration thereof. A certificate evidencing such insurance shall be furnished maintenance of reasonable fire and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagepublic liability insurance.

Tenant’s Insurance. During Effective as of the term earlier of this Lease (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and any extension thereofcontinuing throughout the Term, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of the following insurance providing “policies: (A) commercial general liability” coverage liability insurance in amounts of not less than $1,000,000 limit [**] per occurrence or or, following the expiration of the initial Term, such other amounts as Landlord from time to time reasonably required requires (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages), 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), insuring Tenant, Landlord, Landlord’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, including coverage Landlord’s Mortgagee against all liability for injury to or death of a person or persons or damage to property damage, bodily injury arising from the use and wrongful death occupancy of the Premises and (which limit may be increased without implying any consent by written notice from Landlord to correspond to any increase the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the limits specified Premises, naming Landlord and Xxxxxxxx’s Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business Premises or otherwise placed in the State. Each policy shall name Landlord as Project by or on behalf of a Tenant Party (including Xxxxxx’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, (F) business interruption insurance in an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be amount at least a Class XII company. Each policy shall contain equal to nine (a9) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancemonths of Basic Rent, and (cG) a waiver by an umbrella insurance policy in an amount at least equal to $[**] in the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesaggregate. Landlord may, at any time and from time to time, inspect and/or copy any The commercial general liability insurance policies required to be maintained by Tenant hereundermay have a deductible of no more than [**] per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than [**] per occurrence. No Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage; Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such policy insurance least ten (10) days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall be cancelable or subject to reduction of coverage or other modification or cancellation except after notify Landlord at least thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” before cancellation of any such policy at least twenty (20) days prior to the expiration thereofinsurance policies. A certificate evidencing All such insurance policies shall be furnished in form reasonably satisfactory to Landlord and attached issued by companies with a Best’s rating of A+:VII or better. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and such failure continues for more than [**] days after written notice from Landlord, Landlord, in addition to any other remedy available pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective or otherwise, may, but shall not be obligated to, obtain such insurance policies, Landlord and Tenant hereby waive all rights shall pay to Landlord within [**] after written notice from Landlord, the premium costs thereof, plus an administrative fee of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time [**] of such loss or damage.cost. 14 Approved Texas Industrial Lease Form Based On Master Lease Version 22

Tenant’s Insurance. During Tenant, at its expense, shall keep in effect (i) commercial general liability insurance, including blanket contractual liability insurance, covering Tenant’s use of the term Property in the following amounts. Not less than a $2,000,000 combined single limit with a $3,000,000 general aggregate limit for bodily injury or property damage (provided, however, that such limits shall not limit Tenant’s liability hereunder), (ii) workmen’s compensation insurance covering Tenant’s, employees conducting the operation of its business upon the Premises, and (iii) “all risk” coverage on all of Tenant’s personal property, including, but not limited to, standard fire and extended coverage insurance with vandalism and malicious mischief endorsements on all Tenant’s improvements and alterations in or about the Premises, to the extent of their full replacement value. Landlord and Txxxxx agree that the foregoing stated amounts are subject to revision during the Term of this Lease if necessary in order to conform said amounts to those then being required in leases of similar space in Southeastern Pennsylvania area. Tenant shall provide Landlord (and any extension thereofother associated or affiliated entity as their interests may appear and at Landlord’s request, Tenant shall maintain in force, at its sole cost and expense, any Mortgagee) with a policy or policies certificate of insurance providing evidencing that each of the foregoing parties are listed as an additional insured in Tenant’s policy. Without limitation of the foregoing, Landlord and Landlord’s managing agent for the Building shall each be listed as an “commercial general liabilityadditional insured” coverage on Tenant’s policy of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordliability insurance, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)replacement(s) thereof. All Tenant’s insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable written on an “occurrence” basis and not on a “claims made” basis and shall be endorsed to Landlord and qualified provide that it shall not be cancelable or reduced without at least 30 days prior notice to Landlord. The insurer shall be authorized to issue such insurance, licensed to do business and, admitted in the State. Each policy shall name Landlord as an additional insured, state in which the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceProperty is located, and (c) a waiver by the insurer of any right of subrogation against reasonably acceptable to Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish deliver to Landlord with renewals on or “binders” of before the Commencement Date or any such policy earlier date on which Tenant accesses the Premises, and at least twenty (20) 30 days prior to the expiration thereof. A date of each policy renewal, a certificate of insurance evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagecoverage.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) Commercial General Liability Insurance. Tenant shall, at Tenant's expense, secure and keep in force a cross-"broad form" commercial general liability endorsementinsurance and property damage policy covering the Premises, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsuring Tenant, and (c) a waiver by the insurer of any right of subrogation against naming Landlord, its agents, employees Landlord's investment advisors and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and agents from time to time, inspect and/or copy including, without limitation, ____________ (collectively "Landlord's Investment Advisors"), and Landlord's lenders as additional insureds, against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. The minimum limit of coverage of such policy shall be in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000.00) for injury or death of more than one person in any one accident or occurrence, shall include an extended liability endorsement providing contractual liability coverage (which shall include coverage for Tenant's indemnification obligations in this Lease), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00). Landlord may from time to time require reasonable increases in any such limits if Landlord believes that additional coverage is necessary or desirable. The limit of any insurance policies required to be maintained by shall not limit the liability of Tenant hereunder. No such policy maintained by Tenant under this Paragraph 15(a) shall contain a deductible greater than twenty-five thousand dollars ($25,000.00). No policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after without thirty (30) days prior written notice to Landlord by the insurerLandlord. Tenant shall furnish Landlord with renewals or “binders” Such policies of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished issued as primary policies and attached not contributing with or in excess of coverage that Landlord may carry, by an insurance company authorized to this Lease as Exhibit “E”. To do business in the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against state/commonwealth in which the other and against Premises are located for the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time issuance of such loss type of insurance coverage and rated B+:XIII or damagebetter in Best's Key Rating Guide.

Tenant’s Insurance. During the term of Tenant will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 34, Section 9, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any extension thereof, coverage which Landlord shall carry. Tenant shall maintain in force, at its sole cost and expense, a will deposit the policy or policies of such required insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordcertificates thereof with Landlord prior to the Commencement Date, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy policies shall name Landlord as an additional insuredor its designee and, at the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission request of Landlord, its agentsmortgagees, employees or representatives. Landlord may, at any time as additional named insured and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No shall also contain a provision stating that such policy or policies shall not be cancelable or subject to reduction of coverage or other modification or cancellation canceled except after thirty (30) days day's written notice to Landlord by the insureror its designees. Tenant shall furnish Landlord with renewals or “binders” All such policies of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease effective as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to date Tenant occupies the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been Premises and shall be maintained in force at all times during the time Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such loss times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or damage.similar insurance in form and amounts as required by

Tenant’s Insurance. During The Tenant shall, during the entire term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its the Tenant's sole cost and expense, a policy but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or policies of property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance providing “commercial general liability” coverage to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $1,000,000 per occurrence occurrence. All policies shall name Landlord and the mortgages of the property as an additional named insured, as their interest may appear. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or such other amounts as merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (to cover future risks against which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)a prudent Tenant would protect itself. All policies of insurance required to be carried by Tenant hereunder provided for herein shall be issued by responsible insurance companies acceptable to Landlord with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the Statestate of Utah. Each policy The policies for the foregoing insurance shall name provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord as by an additional insured, the issuing companies shall have a rating of not less that “A” insurance carrier in the latest edition form of Best’s Insurance Guide and shall be at least either a Class XII company. Each certified copy of the policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy or other written verification of insurance coverage acceptable to Landlord and the coverage evidenced thereby lending institution for the Demised Premises Such insurance policies shall provide that Landlord be primary and noncontributing with respect given thirty (30)days written notice prior to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer cancellation or alteration of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”policy. To the extent permitted under their respective insurance policiesthat Tenant fails to provide the foregoing insurance, Landlord and either hazard or liability, Tenant hereby waive all rights of recovery against the other and against the officersshall be responsible to Landlord, employeesas his interest appears, agents and representatives, contractors, and invitees of the other, on account of loss by or for such damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may would have been in force at the time of insured by said policies but for Tenant's failure to obtain such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the StateState of Washington. Each policy shall name Landlord Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision provisions that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefore. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty twenty (3020) days written notice to Landlord by the and Landlord’s lender from Tenant or Tenant’s insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A:VII or better and acceptable to Landlord and qualified Landlord's lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord's interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of a certificate of each paid up policy (authenticated by the insurer) evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is given possession of the Premises, and thereafter, within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or , copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after thirty (30) days days' written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) ,after notice and opportunity to cure, procure said insurance on Tenant's behalf and charge the Tenant the premiums, which shall be payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord Xxxxxxxx, and at Xxxxxxxx's request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contribut-ing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation subroga-tion against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Xxxxxx does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Xxxxxxxx's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.this Lease. Landlord Landlord Tenant Tenant

Tenant’s Insurance. During To maintain (a) all risk property insurance in amounts sufficient to fully cover Tenant's improvements and all property in the term of this Lease Premises which is not owned by Landlord and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordliability insurance on the Premises, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from with Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord named as an additional insured, indemnifying Landlord and Tenant against all claims and demands for (i) injury to or death of any person or damage to or loss of property, on the issuing companies shall have a rating Premises, or connected with the use, condition or occupancy of not less that “A” any of the foregoing unless caused by the negligence of Landlord or its servants or agents, or (ii) any act, fault or omission, or other misconduct of Tenant or its agents, employees, contractors, licensees, sublessees or invitees, in amounts which shall, at the latest edition beginning of Best’s Insurance Guide and shall the Term, be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementequal to the limits set forth in Section 1.1, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to timetime during the Term, inspect and/or copy shall be for such higher limits, if any, as are customarily carried in the area in which the Premises are located on property similar to the Premises and used for similar purposes, and shall be written on the "Occurrence Basis," and to furnish Landlord with certificates thereof. Such insurance shall be effected under valid and enforceable policies with insurers authorized to do business in Massachusetts as stock or mutual companies that are rated in the current edition of Best's Key Rating Guide, Property and Casualty as A and as Class VII or higher. Such policies shall name Landlord and Xxxxxx as the insureds as their respective interests may appear. Not later than the first to occur of (a) the Commencement Date or (b) the commencement of any insurance policies required to be maintained activities by Tenant hereunder. No such policy shall be cancelable in or subject to reduction of coverage or other modification or cancellation except after about the Premises and thereafter not less than thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be dates of the expiring policies theretofore furnished and attached pursuant to this Lease as Exhibit “E”. To Section 6.1.8, Tenant shall deliver to Landlord certificates of insurance issued by the extent permitted under their respective insurance policiesinsurers evidencing all such policies in form satisfactory to Landlord, accompanied by evidence satisfactory to Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees payment of the otherfirst installment of the premiums. Each such policy shall provide that it may not be canceled and that its form, on account of loss by terms or damage conditions may not be changed without at least thirty (30) days' prior written notice to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is each insured against under any insurance policy which may have been in force at the time of such loss or damagenamed therein.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceshall, at its sole cost and expense, at all times during the Term of this Lease maintain in effect a policy or policies of insurance (i) covering its personal property located in the Premises and tenant improvements to the Premises paid for and installed by Tenant and Landlord other than as set forth in (a) above, providing “commercial general liability” coverage protection against any period included under insurance practices within the classification "all risk" and to the full insurable value of such personal property and tenant improvements and (ii) comprehensive public liability insurance with respect to the Premises and the conduct or operation of Tenant's business therein, with limits of not less than One Million and No/100 Dollars ($1,000,000 limit per 1,000,000.00) for death or bodily injury to any one or more persons in a single occurrence or such other amounts as reasonably required by Landlord, including coverage and One Million and No/100 Dollars ($1,000,000.00) for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of hereby waives any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against Landlord for any insured loss or liability occurring to Tenant's personal property and tenant improvements and the other aforesaid policy or policies shall contain appropriate provisions recognizing this release by Tenant and waiving all rights of subrogation by the insurance carrier. Except for Landlord's negligence or willful misconduct, Tenant hereby indemnifies and holds Landlord harmless from all claims, demands, actions, damages, loss, liabilities, judgments, costs and expenses, including, without limitation, attorneys' fees and costs which are suffered by, recovered from or asserted against Landlord and arise from or in connection with the officersuse or occupancy of the Premises and/or any accident, employeesinjury or damage occurring in the Premises. Tenant shall maintain a policy or policies of insurance with the premiums paid in advance issued by and binding upon a solvent insurance company, agents and representativesauthorized to transact business in Florida, contractorsinsuring all personal property of Tenant upon or within the Premises in an amount equal to the full replacement cost of such property. Tenant shall deliver certificates of such insurance to Landlord on or before the Commencement Date, and invitees of the other, on account of loss by or damage thereafter from time to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageupon request.

Tenant’s Insurance. During the term of this Lease and any extension thereof, The Tenant shall maintain keep in forcefull force and effect, at its sole cost the names of the Tenant, the Landlord and expenseevery mortgagee of the Building, a policy or policies of a public liability and property damage insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Province of Ontario and reasonably acceptable to the Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancethe Premises, the Lands, the Building, and the business operated by the Tenant in the Premises in which the limits of public liability shall not be less than FIVE MILLION DOLLARS (c$5,000,000.00) per person and FIVE MILLION DOLLARS ($5,000,000.00) per accident and in which the property damage liability shall not be less than FIVE MILLION DOLLARS ($5,000,000.00). In addition, the Tenant shall at all times maintain all risk insurance in an amount adequate to cover the costs of replacement of all alterations, decorations, additions and improvements made by the Tenant and all goods and chattels belonging to the Tenant in the Premises in the event of fire or extended coverage loss. The insurance policies stipulated above shall contain a waiver by the insurer of any right or waivers of subrogation against the Landlord, to the extent available from the Tenant's insurer. The Tenant hereby waives, releases and discharges the Landlord from all tights, claims and demands whatsoever which the Tenant might have or acquire against the Landlord arising out of damage to or destruction of the Building or any part thereof occasioned by any perils insured against by the Tenant or which the Tenant has agreed to insure against, whether such rights, claims and demands shall arise through the negligence or the fault of the Landlord, its agentsservants, employees and representativesagents or contractors, which arises or might arise by reason not. The Tenant agrees to look solely to its insurer or insurers in the event of any act such loss, or omission whether the insurance coverage is sufficient fully to reimburse the Tenant for such loss or not. The Tenant shall deliver certified copies of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any all insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord obtained by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees prior to occupancy of the otherPremises by the Tenant, on account and, the Tenant shall, in each Lease Year, deliver evidence of loss by or damage renewal of the same to the waiving party or its property or Landlord. The Landlord shall insure the property of others under its control, Building as would a prudent landlord having regard to the extent that such loss or damage is insured against under any insurance policy which may have been in force at age, size and location of the time of such loss or damageBuilding.

Tenant’s Insurance. During The Tenant shall save Landlord harmless and indemnified from and against all injury, loss, claim or damage to any person or property while on the term Premises or Landlord’s Property arising out of this Lease the use or occupancy of the Premises by Tenant (unless caused by the act, neglect or default of Landlord, its employees, agents, licensees or contractors), and from and against all injury, loss, claim or damage to any extension thereofperson or property anywhere on the Premises or Landlord’s Property occasioned by any act, neglect or default of Tenant or of its employees, agents licensees or contractors. The Tenant shall maintain with respect to the Premises and Landlord’s Property comprehensive general liability and property damage insurance including the broad form comprehensive general liability endorsement and a contractual liability coverage endorsement in forceamounts not less than $2,000,000.00 combined single limit and an annual aggregate of at least $2,000,000.00. Such insurance shall insure Landlord as well as Tenant against injury to persons or damage to property as herein provided. The Tenant shall maintain, at its sole cost and expense, a policy fire and extended coverage insurance for all of its contents, furniture, furnishings, equipment, improvements, funds, personal property, floor coverings and fixtures located within or policies about the Premises, providing protection in an amount equal to One Hundred (100%) percent of insurance providing “commercial general liability” coverage the insurable value of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)said items. All of Tenant’s insurance required to be carried by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified to do business in the State. Each policy Massachusetts, and shall name Landlord as an additional insured, the issuing be issued by insurance companies shall have with a general policyholder’s rating of not less that “A” than A-13 and a financial rating of not less than Class X as rated in the latest edition of most current ‘‘Best’s ’s” Insurance Guide and shall be at least a Class XII companyReports. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to may be maintained by Tenant hereunderunder a blanket policy or policies so-called, provided the coverage afforded Landlord is not reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days In the event this Lease is extended beyond the original term hereof, and every five years thereafter, Tenant shall, upon written notice to Landlord by thereof from Landlord, increase the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees amount of the otherliability insurance required hereunder to an amount, on account of loss by or damage to which is the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.greater of:

Tenant’s Insurance. During Tenant, at its own expense, shall maintain during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably workers’ compensation (to the extent required by Landlordlaw) and comprehensive general liability insurance, including coverage for personal injury and property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase with contractual liability endorsement, in the limits specified amount of Five Hundred Thousand Dollars ($500,000.00) for property damage and One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the New Mexico Tort Claims Act)aggregate for personal injuries or deaths of persons occurring in or about the Premises. All Landlord may revise these minimum levels of coverage from time to time as it reasonably determines. Tenant, at its own expense, also shall maintain during the term of this Lease, fire and extended coverage insurance required to be carried covering the replacement cost of (a) all alterations, additions, partitions and improvements installed or placed on the Premises by Tenant hereunder or by Landlord on behalf of Tenant except the initial improvements existing at the time of Tenant’s Commencement Date and (b) Tenant’s personal property contained within the Premises. Said policies shall (i) name Landlord and Landlord’s management company and mortgagee as additional insureds and insure Landlord’s and its management company’s and mortgagee’s contingent liability under or in connection with this Lease (except for any workers’ compensation policy, which instead shall include waiver of subrogation endorsement in favor of Landlord), (ii) be issued by responsible an insurance companies company which is acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as or has an additional insured, the issuing companies shall have a rating of not less that “AA-” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementor better AM Best rating, (biii) a provision provide that such policy and the coverage evidenced thereby said insurance shall not be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after canceled unless thirty (30) days days’ prior written notice has been given to Landlord and (iv) comply with the requirements of Paragraph 10(D) below. Said policy or policies or certificates thereof shall be delivered to Landlord by Tenant on or before the insurer. Tenant shall furnish Landlord with renewals or “binders” Commencement Date and upon each renewal of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagesaid insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceshall, at its sole cost and expense, at all times during the Term of this Lease maintain in effect a policy or policies of insurance (i) covering its personal property located in the Premises and tenant improvements to the Premises paid for and installed by Tenant and Landlord other than as set forth in (a) above, providing “commercial general liability” coverage protection against any peril included under insurance practices within the classification "all risk" and to the full insurable value of such personal property and tenant improvements and (ii) comprehensive public liability insurance with respect to the Premises and the conduct or operation of Tenant's business therein, with limits of not less than One Million and No/100 Dollars ($1,000,000 limit per 1,000,000.00) for death or bodily injury to any one or more persons in a single occurrence or such other amounts as reasonably required by Landlord, including coverage and One Million and No/100 Dollars ($1,000,000.00) for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of hereby waives any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against Landlord for any insured loss or liability occurring to Tenant's personal property and tenant improvements and the other aforesaid policy or policies shall contain appropriate provisions recognizing this release by Tenant and against waiving all rights of subrogation by the officersinsurance carrier. Except for Landlord's or Landlord's agents', employees', agents invitees', licensees' or contractors' negligence or willful misconduct, Tenant hereby indemnifies and representativesholds Landlord harmless from all claims, contractorsdemands, actions, damages, loss, liabilities, judgments, costs and expenses, including, without limitation, attorneys' fees and costs which are suffered by, recovered from or asserted against Landlord and arise from or in connection with the use or occupancy of the Premises and/or any accident, injury or damage occurring in the Premises. Tenant shall maintain a policy or policies of insurance with the premiums paid in advance issued by and binding upon a solvent insurance company, authorized to transact business in Florida, insuring all personal property of Tenant upon or within the Premises in an amount equal to the full replacement cost of such property. Tenant shall deliver certificates of such insurance to Landlord on or before the Commencement Date, and invitees of the other, on account of loss by or damage thereafter from time to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageupon request.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of throughout the Term the ------------------ following insurance providing “policies: (1) commercial general liability” coverage liability insurance in amounts of not less than $1,000,000 limit 2,000,000.00 per occurrence or or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably required by require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], 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 [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises, (2) insurance covering the full value of Tenant's property and improvements, and other property (including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase of others) in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementPremises, (b3) a provision that contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (4) worker's compensation insurance, and (c5) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesbusiness interruption insurance. Landlord may, at any time and from time to time, inspect and/or copy any Tenant's liability insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of provide primary coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerwhen any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord with renewals certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or “binders” a material change of any such policy at least twenty (20) days prior to the expiration thereofinsurance policies. A certificate evidencing All such insurance policies shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractorsin form, and invitees of the otherissued by companies, on account of loss by or damage reasonably satisfactory to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force(a) Tenant, at its sole cost and expense, shall maintain at all times during the Term Commercial General Liability insurance, including a policy contractual liability endorsement and personal injury liability coverage, in respect of the Premises and the conduct or policies operation of insurance providing “commercial general liability” coverage business therein, with Landlord, the Property Manager, Ground Lessor, Superior Mortgagee and any other holder of a Superior Instrument to the extent such entity’s name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 limit 5,000,000.00 per occurrence or such other amounts as reasonably required by Landlord, for bodily injury and property damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for property damageterrorism to the extent commercially available) covering all present and future Leasehold Improvements and Tenant’s Property to a limit of not less than the full replacement value thereof, (ii) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (iv) Workers Compensation insurance in accordance with the laws of the State of New York and (v) Business Automobile Liability insurance coverage with limits of not less than $2,000,000 combined single limit coverage against bodily injury liability and wrongful death property damage liability arising out of the use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any motor vehicle owned or leased by Tenant. Tenant shall deliver to Landlord and any other additional insured such certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, on or before the Commencement Date (or, if earlier, the date on which limit Tenant takes possession of any portion of the Premises). The “All Risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies in respect of Leasehold Improvements shall be payable to Landlord, Tenant and if required under the Ground Lease, the Ground Lessor, as their interests may appear. Tenant and Landlord shall execute and deliver to the other party, such proofs of loss and other instruments which may be increased reasonably required to recover any such insurance proceeds. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insured a certificate thereof issued by the insurer within ten (10) days after the expiration of any existing policy. All such policies shall be issued by licensed companies of recognized responsibility rated by Best’s Insurance Reports or any successor publication of comparable standing at A-/VIII or better or the then equivalent of such rating, and shall contain a provision whereby the same cannot be canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insured at least 30 days prior written notice from of such cancellation or modification. The limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies of insurance may be maintained under “blanket policies” insuring the Premises and other property or locations of Tenant; provided, that such blanket policies shall (x) set forth the amount of the insurance applicable to the Premises, (y) otherwise comply with the provisions of this Article 12, and (z) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events to the extent such coverage is commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby under this Lease shall be primary insurance for all claims under it and noncontributing shall provide that any insurance carried by Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Tenant may maintain such deductibles under its insurance policies as Tenant may determine, in Tenant’s judgment, to be reasonable under the circumstances, taking into account Tenant’s net worth, the risks to be insured and any other relevant factors, provided that in no event shall any policy of insurance maintained by Tenant pursuant to this Section 12.03 have a deductible greater than $5,000,000.00, Subject to CPI Adjustment on the 10th anniversary of the Commencement Date (except with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess flood insurance, which shall not have a deductible exceeding the greater of (A) $5,000,000.00, Subject to CPI Adjustment on each anniversary of the Commencement Date and (cB) a waiver by the insurer 5% of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees Tenant’s insurable value of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLeasehold Improvements and Tenant’s Property).

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcepurchase, at its sole cost and own expense, a policy or and keep in force at all times during the Lease Term the policies of insurance providing “set forth below (collectively, "Tenant's Policies"). All Tenant's Policies shall (a) be issued by an insurance company with a Best's rating of A- or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant's Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant's Policies (or, at Landlord's option, Certificates of Insurance and applicable endorsements, including, without limitation, an "Additional Insured-Managers or Landlords of Premises" endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord's notice addresses at least 30 days prior to the applicable expiration date of each Tenant's Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence and such failure continues for 10 days following written notice thereof from Landlord, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant's Policy(ies) of: (i) commercial general liability” coverage or excess liability insurance, including personal injury and property damage, in the amount of not less than $1,000,000 limit 2,000,000.00 per occurrence occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or such other amounts as reasonably required by Landlorddeaths of persons and property damage based upon or arising out of the ownership, including coverage for property damageuse, bodily injury occupancy or maintenance of a motor vehicle at the Leased Premises and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase all areas appurtenant thereto in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $1,000,000, combined single limit; (iii) commercial property insurance covering Tenant's Property (at its full replacement cost); (iv) workers' compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to one (1) year's rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in the latest edition of Best’s Insurance Guide its business operations (other than customary office and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementmanufacturing products), (bvi) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess pollution legal liability insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During Tenant shall maintain at all times during the term Term insurance coverage meeting the requirements set forth in Sections (A) and (C) of Exhibit V attached hereto. The limits of such insurance shall not limit the liability of Tenant, which is described elsewhere in this Lease. With respect to claims and liabilities arising out of the use of the Premises by Tenant or Alterations (including Tenant’s Work) performed by Tenant, and, in either instance, attributable to the negligence of Tenant, Tenant’s insurance required under this Lease shall be primary insurance to the extent of such attribution and shall not be considered contributory insurance with any insurance policies of Landlord. Based on the foregoing, Landlord’s insurance shall apply in excess of all insurance coverage required of Tenant in accordance with this Section 7.02 and Exhibit V, whether such insurance is primary, contingent or on any other basis, and regardless of whether such Tenant’s insurance coverage is valid or collectible. Tenant shall deliver to Landlord and all Additional Insureds (as defined in Exhibit V), prior to Tenant having access to the Building, certificates of insurance for all such required insurance, in form reasonably satisfactory to Landlord, issued by the insurance company or its authorized agent. An Accord Form Certificate of Insurance (Accord 25 for Liability and Accord 27 for Property) or shall be deemed reasonably acceptable to Landlord. Prior to the expiration of any insurance required of Tenant under this Lease, Tenant shall procure and pay for renewals thereof, and shall deliver to Landlord confirmation of renewal (which may be by forwarding to Landlord by email from Tenant’s insurance broker) no later than 3 p.m. on the date on which the policy is about to expire, and certificates evidencing the existence of valid insurance coverage which complies with the provisions of this Lease and any extension thereofwithin 5 Business Days after such renewal. Upon request from Landlord, in the event of a claim, Tenant shall maintain deliver to Landlord a copy of its insurance policies, provided that Tenant may fully redact any confidential or proprietary information, including premiums and information not pertinent to the claim in force, at its sole cost and expense, a policy or policies question. Landlord shall have the right to request from Tenant additional certificates of insurance providing “commercial general liability” coverage on behalf of not less than $1,000,000 limit per occurrence or such other amounts Additional Insureds (as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase defined in the limits specified in the New Mexico Tort Claims ActExhibit V). All insurance policies required to be carried by Tenant hereunder under this Lease shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed, authorized or permitted to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of New York State and rated by Best’s Insurance Guide and shall be at least a Class XII companyReports or any successor publication of comparable standing as A- or better or the then equivalent of such rating. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord Tenant shall be excess insurance, and (c) a waiver by reasonably cooperate in connection with the insurer collection of any right insurance moneys that may be due in the event of subrogation against loss and both parties shall execute and deliver to each other such proofs of loss and other instruments which may be required to recover any such insurance moneys. Tenant shall deliver to Landlord, its agentspromptly following receipt thereof, employees and representatives, which arises or might arise by reason copies of any act notice of cancellation if not replaced, or omission of Landlord, its agents, employees or representativesnon-renewal if policy is not replaced. Landlord may, at any time and may from time to timetime after the Commencement Date (but not more frequently than once every 2 years thereafter, inspect and/or copy any absent extraordinary circumstances) require that the amount of the insurance policies required to be maintained by Tenant hereunderunder this Section 7.02 be increased and/or that Tenant provide additional insurance coverage, provided, that any such increased amounts or additional coverage shall not exceed the amounts and coverage landlords of Comparable First Class Office Buildings reasonably require their tenants to maintain. No In the event Tenant fails to maintain the limits or coverages as required herein, and such policy failure continues for more than 30 days following notice of such failure to Tenant, Landlord may obtain such insurance as an agent of Tenant without further notice. Any premiums paid by Landlord in connection with such insurance obtained by Landlord, together with interest thereon at the Base Rate from the date paid by Landlord until the date reimbursed by Tenant, shall be cancelable or subject payable by Tenant to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerLandlord. Tenant shall furnish Landlord with renewals have the right to insure and maintain the insurance coverages set forth in this Section under blanket and/or umbrella insurance policies covering other premises or “binders” properties owned, leased or occupied by Tenant provided that such blanket policies provide the amount of any such policy at least twenty (20) days prior insurance allocable to the expiration thereofPremises shall at all times be not less than the amounts required under this Lease and shall otherwise comply with the provisions of this Section 7.02. A certificate evidencing Any dispute with respect to Landlord obtaining such insurance or requiring Tenant to obtain increased amounts of insurance or additional coverage shall be furnished and attached to this Lease as Exhibit “E”. To resolved by arbitration in accordance with the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights provisions of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageSection 8.09.

Tenant’s Insurance. During Tenant or Landlord shall procure and maintain, or cause to be procured and maintained, throughout the term of this Lease Agreement and any extension thereofextended periods specified herein, Tenant with insurers authorized to conduct business in the state in which the Facility is located: Commercial Property Insurance (and to the extent applicable, Builders Risk insurance), including boiler and machinery and/or equipment breakdown coverage to the building(s) and contents by risks commonly covered by an ISO Special Cause of Loss form or its equivalent. The amount of such insurance shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of be not less than $1,000,000 limit per occurrence or such one hundred percent (100%) of the full replacement cost of the Facility and its improvements, furniture, furnishings, fixtures, equipment and other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase items included in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried Facility and owned by Tenant hereunder shall be issued or Landlord (and not by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (aresidents) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy without deduction for depreciation (less cost of land, excavations, foundations and footings below the lowest basement floor, blueprints or drawings or such other expenses that would not be re-incurred in the event of a loss). Coverage shall include Tenant’s Business Interruption (including loss of rents and necessary continuing expense) in an amount sufficient to provide proceeds which will cover the “Actual Loss Sustained” during restoration of any insurance policies required portion of the building(s) or improvements for a period of not less than twelve (12) months plus an extended period of indemnity to be maintained selected by Tenant. Tenant hereundermay elect at its sole discretion to purchase Flood, Earthquake, Pollution, Terrorism or other insurance required by Landlord with coverage and limits determined at Tenant’s sole discretion. No such policy During any period of construction at the Facility, or any structural renovation or alteration to the improvements, Builder’s Risk or equivalent course of construction coverage shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord provided with renewals or “binders” of any such policy at least twenty (20) days prior a limit equivalent to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees completed value of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageproject.

Tenant’s Insurance. During Tenant agrees, at Tenant’s expense, to secure and keep in force during the term terms of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or policies about the Premises, including without limitation parking, walkways and landscaped areas. In the minimum amount of $2,000,000 combined single limit. Such insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required shall be primary and noncontributory with respect to any insurance carried by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy Such policy(ies) shall name Landlord as an additional insuredinsured(s), the issuing companies shall have a rating insure any liability of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementlandlord, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any policies carried by Landlord and that conduct or transactions of any coverage carried by Landlord shall be excess insuranceof said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and (c) a shall contain the insurer’s waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesinvitees. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained Such policy(ies) shall insure performance by Tenant hereunderof the indemnity provisions of Section 14. No such policy hereof. Such policy(ies) shall be cancelable issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best’s, and shall provide that such insurance shall not be canceled or subject to reduction of coverage or other modification or cancellation materially amended, except after thirty upon ten (3010) days prior written notice to Landlord by Landlord, Tenant shall at all times deposit and maintain a current copy or detailed certificate of said policy(ies) with Landlord, Tenant shall at Tenant’s cost maintain policy(ies) of insurance in “all risk” form with a sprinkler damage endorsement insuring the insurerreplacement value of all Tenant’s personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall furnish Landlord also maintain policy(ies) of workmen’s compensation insurance and any other employee benefits sufficient to comply with renewals or “binders” all laws. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to said Premises, of any such policy at least twenty (20) days prior to insurance organization or company, necessary for the expiration thereof. A certificate evidencing such insurance shall be furnished maintenance of reasonable fire and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagepublic liability Insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, obtain at its sole cost own expense and expensekeep in full force and effect during the Term, a policy or policies of insurance providing “commercial general liability” coverage liability insurance (including, without limitation, insurance, covering tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of not less than $1,000,000 limit per occurrence the Real Property or the Building and/or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits designees specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunderare named as additional insureds, as their interests may appear. No such Such policy shall be cancelable contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained subject to reduction customary exclusions reasonably acceptable to Landlord, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord, provided, however, such waiver of subrogation shall not be applicable to the liability section of such policy, and (iii) an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way (except for increases in coverage) the nature or extent of the coverage or other modification or cancellation except after provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $3,000,000 for injury (or death) and damage to property or such greater amount as Landlord by the insurermay, from time to time, reasonably require. Tenant shall furnish also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord with renewals or “binders” upon execution of any such policy this Lease and at least twenty thirty (2030) days prior to the expiration thereof. A termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a certificate evidencing any such policy upon written request of Landlord. Tenant shall have the right to obtain any of the insurance shall be furnished required hereunder pursuant to a blanket policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Landlord's asset manager, Landlord's managing agent, the present and attached any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to this Lease time, as Exhibit “E”. To additional insureds, references the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractorsPremises, and invitees of guarantees a minimum limit available for the other, on account of loss by or damage Premises equal to the waiving party or its property or amount of insurance required to be maintained hereunder. Notwithstanding anything in this Section 9 to the property of others under its controlcontrary, to the extent that such loss unavailable, Tenant shall not be required to name Landlord as an additional insured in policy or damage is insured against under any insurance policies of workers' compensation insurance. Each policy which may have been in force at the time of such loss or damage.required

Tenant’s Insurance. During Tenant agrees, at Tenant's expense, to secure and keep in force during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy of comprehensive general liability insurance for personal injury (including death) and property damage occurring in, on or policies about the Premises, including without limitation parking, walkways and landscaped areas, in the minimum amount of $2,000,000 combined single limit. Such insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required shall be primary and noncontributory with respect to any insurance carried by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy Such policy(ies) shall name Landlord as an additional insuredinsured(s), the issuing companies shall have a rating insure any liability of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementLandlord, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing contingent or otherwise, with respect to acts or omissions of Tenant, its agents, employees or invitees by any policies carried by Landlord and that conduct or transactions of any coverage carried by Landlord shall be excess insuranceof said persons in, about or concerning the Premises, including (without limitation) any failure of Tenant to observe or perform any of its obligations hereunder, and (c) a shall contain the insurer's waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesinvitees. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained Such policy(ies) shall insure performance by Tenant hereunderof the indemnity provisions of Section 14. No such policy hereof. Such policy(ies) shall be cancelable issued by an insurance company licensed to transact business in the State of California and rated no less than A12 by Best's, and shall provide that such insurance shall not be canceled or subject to reduction of coverage or other modification or cancellation materially amended, except after thirty upon ten (3010) days prior written notice to Landlord by the insurerLandlord. Tenant shall furnish Landlord at all times maintain a current copy or detailed certificate of said policy(ies) with renewals Landlord. Tenant shall at Tenant's cost maintain policy(ies) of insurance in "all risk" form with a sprinkler damage endorsement insuring the replacement value of all personal property, inventory, trade fixtures, and leasehold improvements within the Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or “binders” replacement of such items so insured. Tenant shall also maintain policy(ies) of workmen's compensation insurance and any other employee benefit insurance sufficient to comply with all laws. Tenant shall, at his cost and expense, comply with any and all requirements, pertaining to said Premises of any such policy at least twenty (20) days prior to insurance organization or company, necessary for the expiration thereof. A certificate evidencing such insurance shall be furnished maintenance of reasonable fire and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagepublic liability insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall at all times during the Term maintain in force, at its sole cost full force and expense, effect with respect to the Premises and the Building a policy or policies of of: (i) comprehensive general liability insurance providing “commercial general liability” minimum coverage amounts of not Two Million Dollars ($2,000,000.00) for bodily injury, including death for any one occurrence, One Million Dollars ($1,000,00.00) for property damage and Two Million ($2,000,000.00) combined single limit, (ii) "All-Risk" insurance providing for full replacement value on the Tenant's personal property, trade fixtures and equipment in the Building, (iii) worker's compensation and employer's liability insurance in form and amount satisfactory to Landlord, (iv) business interruption and rent insurance in such amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to the perils commonly insured against by prudent tenants and sufficient to continue to pay rent and all other payments to Landlord for a period of twelve (12) months, (v) insurance against acts of terrorism, provided that such coverage is commercially available at commercially reasonable premiums. The annual premium for terrorism insurance shall be commercially reasonable if it is less than $1,000,000 limit per occurrence or equal to one hundred percent (100%) of the then-annual cost of the "all-risk" insurance policy required in Subsection (ii) above; and (vi) such other amounts coverages as may be reasonably required by LandlordLandlord or any mortgagee of the Land or Building, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase each in the limits specified standard form generally in use in the New Mexico Tort Claims Act)state in which the Premises are located from a company or companies satisfactory to Landlord. All The amount of such insurance required to be carried by Tenant hereunder coverages shall be issued by responsible subject to increase upon the reasonable request of Landlord. Such insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage modification, cancellation or other modification or cancellation except after nonrenewal only upon thirty (30) days written notice to Landlord by and any mortgagee of the insurerLand or Building. Tenant shall furnish Landlord with renewals Tenant, at or “binders” of any such policy at least twenty prior to the Commencement Date, and thereafter not less than thirty (2030) days prior to the expiration thereofof any such policy, shall furnish Landlord with a certificate of insurance of such coverage with a paid statement for the 19 premium due, such certificate to be in a form acceptable to Landlord and any mortgagee of the Land or Building and naming Landlord, Landlord's managing agent and any such mortgagee as additional insureds as their interests may appear (or in the case of a mortgagee, by means of a standard mortgagee endorsement) and shall specifically make reference to the indemnification obligations of Tenant under this Lease. A certificate evidencing such All insurance policies obtained by Tenant shall be furnished written as primary policies and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesnot contradicting with or in excess of coverage which Landlord may carry, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageif any.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceshall, at its sole cost and expense, obtain and maintain throughout the term of this Lease, on a policy full replacement cost basis, "all risk" insurance covering all of Tenants inventory, furniture, furnishings, fixtures, equipment and all tenant improvements or policies of tenant finish (whether or not installed by Landlord) and betterments located on or within the Leased Premises. In addition, Tenant shall obtain and maintain, at its sole cost and expense, comprehensive general public liability insurance providing “commercial general liability” coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to the Leased Premises, including protection against death, personal injury and property damage. Such liability coverage shall be written on an "occurrence" basis, with limits of not less than $1,000,000 1,000,000.00 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)coverage. All policies of insurance required to be carried by Tenant hereunder shall be issued written by responsible an insurance companies acceptable to Landlord and qualified company licensed to do business in the State. Each policy State of Colorado, and shall name Landlord as an additional insurednamed insured and/or loss payee, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas Landlord may direct. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall provide that same shall not be cancelable changed or subject to reduction of coverage or other modification or cancellation except after modified without at least thirty (30) days days' prior written notice to Landlord by and any mortgagee of Landlord. Certificates evidencing the insurerextent and effectiveness of all Tenant's insurance shall be delivered to Landlord. Tenant shall furnish Landlord with renewals or “binders” The limits of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached not, under any circumstances, limit the liability of Tenant under this Lease. In the event that Tenant fails to maintain any of the insurance required of it pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesprovision, Landlord shall have the right (but not the obligation) at Landlord's election, to pay Tenant's premiums or to arrange substitute insurance with an insurance company of Landlord's choosing, in which event any premiums advanced by Landlord shall constitute additional rent payable under this Lease and shall be payable by Tenant hereby waive all to Landlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant maintains coverage to carry any such insurance as Landlord may elect in order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of recovery against the other and against the officers, employees, agents and representatives, contractorsLandlord hereunder shall be in addition to, and invitees not in lieu of, of any other rights or remedies available to Landlord under this Lease or provided by law or in equity. Without limiting the otherforegoing, on account in the event that coverage of loss any risk for which Tenant is responsible pursuant to this Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant's failure to provided or damage maintain such insurance or otherwise, Tenant shall promptly reimburse Landlord for an amount equal to the waiving party or its property or the property of others under its controlany deductible incurred, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageimmediately upon demand for same.

Tenant’s Insurance. During the term of Tenant will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the Premises, to afford protection with limits, per person and for each occurrence, of not less than Two Million Dollars ($2,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 7, Section 8, or otherwise, such insurance to provide for only a reasonable deductible, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, and (d) shall insure all plate and other interior glass in the Premises for and in the name of the Landlord. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any extension thereof, coverage which Landlord shall carry. Tenant shall maintain in force, at its sole cost and expense, a will deposit the policy or policies of such required insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordcertificates thereof with Landlord prior to the Phase I Commencement Date, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy policies shall name Landlord as an additional insuredor its designee and, at the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission request of Landlord, its agentsmortgagees, employees or representatives. Landlord may, at any time as additional named insured and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No shall also contain a provision stating that such policy or policies shall not be cancelable or subject to reduction of coverage or other modification or cancellation canceled except after thirty (30) days day's written notice to Landlord by the insureror its designees. Tenant shall furnish Landlord with renewals or “binders” All such policies of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease effective as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to date Tenant occupies the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been Premises and shall be maintained in force at all times during the time Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such loss times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen's compensation insurance or damagesimilar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 7, Section 8, or otherwise. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord's demand, as additional rent the premiums for such insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision provisions that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the Lease: Lake Union Building LLC/Mathsoft, Inc. May 18, 1999 insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefore. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord’s lender. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of Tenant will keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance with respect to the Premises, to afford protection with limits, per person and any extension thereoffor each occurrence, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than Two Million Dollars ($1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord2,000,000), including coverage for combined single limit, with respect to personal injury and death and property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord such insurance to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have provide for only a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementreasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant’s personal property in the Premises and all improvements and installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 34, Section 9, or otherwise, such insurance to provide for only a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancereasonable deductible, and (c) if, and to the extent, required by law, workmen’s compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in companies rated in Best’s Insurance Guide at least “A” as to general policyholder rating and at least Class X as to financial strength and in a waiver by the insurer of form which is consistent with common insurance industry practice and will be written as primary policy coverage and not contributing with, or in excess of, any right of subrogation against coverage which Landlord shall carry. Upon request from Landlord, its agents, employees and representativesTenant will deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which arises policies shall name Landlord or might arise by reason of any act or omission its designee and, at the request of Landlord, its agentsmortgagees, employees or representatives. Landlord may, at any time as additional insured and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No shall also contain a provision stating that such policy or policies shall not be cancelable or subject to reduction of coverage or other modification or cancellation canceled except after thirty (30) days day’s written notice to Landlord by the insureror its designees. Tenant shall furnish Landlord with renewals or “binders” All such policies of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease effective as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to date Tenant occupies the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been Premises and shall be maintained in force at all times during the time Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such loss times as contractor is working in the Premises, a non-deductible (i) comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor’s protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars ($200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for no deductible, and (ii) workmen’s compensation insurance or damagesimilar insurance in form and amounts as required by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant agrees that it will pay Landlord all of its insurance proceeds for improvements made in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 34, Section 9, or otherwise, excluding, however, those insurance proceeds allocated to those items which Tenant is permitted to remove from the Premises at the expiration or sooner termination of the Term. If Tenant fails to comply with its covenants made in this Section, if such insurance would terminate or if Landlord has reason to believe such insurance is about to be terminated, Landlord may at its option cause such insurance as it in its sole judgment deems necessary to be issued, and in such event Tenant agrees to pay promptly upon Landlord’s demand, as additional rent the premiums for such insurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, obtain at its sole cost own expense and expensekeep in full force and effect during the Term, a policy or policies of insurance providing “commercial general liability” liability insurance (including, without limitation, insurance covering tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds, as their interests may appear. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained subject to customary exclusions reasonably acceptable to Landlord, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord, provided, however, such waiver of subrogation shall not be applicable to the liability section of such policy, and (iii) an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way (except for increases in coverage) the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $1,000,000 limit per occurrence 3,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a certificate evidencing any such policy upon written request of Landlord. Tenant shall have the right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other amounts as reasonably required by properties provided the blanket policy contains an endorsement that names Landlord, including coverage Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord the Premises equal to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All amount of insurance required to be carried by maintained hereunder. Notwithstanding anything in this Section 9 to the contrary, to the extent unavailable, Tenant hereunder shall not be issued by responsible insurance companies acceptable required to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating insured in policy or policies of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyworkers' compensation insurance. Each policy required hereunder shall contain (a) a cross-liability endorsement, (b) a provision clause that such the policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (cor if there be none, an organization having a national reputation) as having a waiver general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to continuously maintain insurance as required by the insurer of any right of subrogation against Landlordthis subsection, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at its option and without relieving Tenant of any time obligation hereunder, order such insurance and from time to timepay for the same at the expense of Tenant. In such event, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord repay the amount expended by Landlord, with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesinterest thereon, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageimmediately upon Landlord's written demand therefor.

Tenant’s Insurance. During The Tenant shall, during the entire term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its the Tenant's sole cost and expense, a policy but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or policies of property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance providing “commercial general liability” coverage to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insxxxx, xx their interest may appear. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixture, equipment, tools, improvements, stock, goods, wares or such other amounts as merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (to cover future risks against which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)a prudent Tenant would protect itself. All policies of insurance required to be carried by Tenant hereunder provided for herein shall be issued by responsible insurance companies acceptable to Landlord with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best Guide" Insurance Reports, and qualified to do business in the Statestate of Utah. Each policy The policies for the foregoing insurance shall name provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord as by an additional insured, the issuing companies shall have a rating of not less that “A” insurance carrier in the latest edition form of Best’s Insurance Guide and shall be at least either a Class XII company. Each certified copy of the policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy or other written verification of insurance coverage acceptable to Landlord and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by lending institution for the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesDemised Premises. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to shall provide that Landlord be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after given thirty (30) days written notice prior to Landlord by the insurer. Tenant shall furnish Landlord with renewals any cancellation or “binders” alteration of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”policy. To the extent permitted under their respective insurance policiesthat Tenant fails to provide the foregoing insurance, Landlord and either hazard or liability, Tenant hereby waive all rights of recovery against the other and against the officersshall be responsible to Landlord, employeesas his interest appears, agents and representatives, contractors, and invitees of the other, on account of loss by or for such damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may would have been in force at the time of insured by said policies but for Tenant's failure to obtain such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A-VII or better and reasonably acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord include Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insuredinsured (but only as to the liability policy carried by Tenant), the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall shall, as to any loss resulting from Tenant’s negligent acts, be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord’s interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representativesrepresentatives (but only as to the property policy). A copy of each certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder together with an additional insured endorsement shall be delivered to Landlord maybefore the date Tenant is given possession of the Premises, at and annually thereafter, within thirty (30) days after any time and from time to time, inspect and/or copy any insurance policies required to be maintained demand by Tenant hereunderLandlord therefor. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after endeavoring to provide thirty (30) days days’ written notice to Landlord by (and not less than ten (10) days, in the insurercase of nonpayment of premiums). Tenant agrees that if Tenant does not take out and maintain such insurance following a written notice from Landlord and passage of the applicable cure period under Section 24, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums, which shall be payable upon demand. Tenant shall furnish Landlord with renewals or “binders” of any have the right to provide such policy at least twenty (20) days prior insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesPremises, Landlord Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During The Tenant shall, during the entire term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its the Tenant's sole cost and expense, a policy but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or policies of property damage occurring upon, in or about the entire property described oil Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance providing “commercial general liability” coverage to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be Key Bank Corporation. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixture, equipment, tools, improvements, stock, goods, wares or such other amounts as merchandise, that it may have in or on or about the Demised Premises. Other Forms Of insurance may be reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (to cover future risks against which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)a prudent Tenant would protect itself. All policies of insurance required to be carried by Tenant hereunder provided for herein shall be issued by responsible insurance companies acceptable to Landlord with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the Statestate of Utah. Each policy The policies for the foregoing insurance shall name provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance covet age shall be verified to the Landlord as by an additional insured, the issuing companies shall have a rating of not less that “A” insurance carrier in the latest edition form of Best’s Insurance Guide and shall be at least either a Class XII companycertified copy of the. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy or other written verification of insurance coverage acceptable to Landlord and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by lending institution for the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesDemised Premises. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to shall provide that Landlord be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after given thirty (30) days written notice prior to Landlord by the insurer. Tenant shall furnish Landlord with renewals any cancellation or “binders” alteration of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”policy. To the extent permitted under their respective insurance policiesthat Tenant fails to provide the foregoing insurance, Landlord and either hazard or liability, Tenant hereby waive all rights of recovery against the other and against the officersshall be responsible to Landlord, employeesas his interest appears, agents and representatives, contractors, and invitees of the other, on account of loss by or for such damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may would have been in force at the time of insured by said policies but for Tenant's failure to obtain such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A-VI1 or better and reasonably acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord include Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insuredinsured (but only as to the liability policy carried by Tenant), the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall shall, as to any loss resulting from Tenant’s negligent acts, be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord’s interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representativesrepresentatives (but only as to the property policy). A copy of each certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord maybefore the date Tenant is given possession of the Premises, at and annually thereafter, within thirty (30) days after any time and from time to time, inspect and/or copy any insurance policies required to be maintained demand by Tenant hereunderLandlord therefor. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after endeavoring to provide thirty (30) days days’ written notice to Landlord by (and not less than ten (10) days, in the insurercase of nonpayment of premiums). Tenant agrees that if Tenant does not take out and maintain such insurance following a written notice from Landlord and passage of the applicable cure period under Section 24, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums, which shall be payable upon demand. Tenant shall furnish Landlord with renewals or “binders” of any have the right to provide such policy at least twenty (20) days prior insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesPremises, Landlord Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease Tenant covenants and any extension thereof, Tenant shall maintain in force, agrees to provide at its sole cost expense before the earlier to occur of the Commencement Date or the commencement of any work by Tenant under Exhibit B, and expense, to keep in force at all times (i) a policy or policies of insurance providing “commercial general liabilityliability insurance policy (hereinafter referred to as a “Liability Policy”) written on an “occurrence basis” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordincluding contractual liability coverage, including coverage for property damage, bodily independent contractor’s coverage and personal injury coverage, naming Landlord, its managing agent and wrongful death the holders of any deeds of trust or mortgages, as additional insured, and Tenant against any liability, occasioned by any occurrence on or about the Premises; (which limit may be increased ii) a Causes of Loss – Special Form or “All Risk” Property policy insuring the improvements installed by written notice from Landlord to correspond to any increase Tenant before or after the Commencement Date and all of the furniture, trade fixtures and other personal property of Tenant located in the Premises, with a waiver of subrogation in favor of Landlord; (iii) Worker’s Compensation policy covering all costs, benefits and liabilities under state worker’s compensation and similar Laws with statutory limits specified for employees of Tenant, with a waiver of subrogation in favor of Landlord; (iv) Employer’s Liability Insurance with limits of $1,000,000.00 per accident or disease and $1,000,000.00 aggregate by disease; and (v) Motor Vehicle Liability with coverage for all owned and non-owned and hired vehicles with combined single limits of $1,000,000.00. Such policies shall be written by insurance companies licensed to do business in the New Mexico Tort Claims Act)State of South Carolina with an A.M. Best Company financial and performance rating of A-: VIII or better. All As of the date of this Lease, Landlord reasonably requires limits of liability under the Liability Policy of $1,000,000 per occurrence and in the aggregate and umbrella coverage totaling $10,000,000.00 in the aggregate, subject to increase from time to time upon request by Landlord consistent with commercially reasonable standards. Prior to the time such insurance is first required to be carried by Tenant hereunder and thereafter prior to the expiration date of any such policy, Tenant agrees to deliver to Landlord certificates evidencing such insurance coverage. Said certificate shall be issued by responsible on XXXXX Form and shall contain an endorsement that such insurance companies acceptable may not be canceled except upon thirty (30) days’ prior written notice to Landlord and qualified to do business in the Stateany designated mortgagee. Each policy shall name All policies must contain a waiver of subrogation of claims against Landlord as an additional insuredand/or Landlord’s insurer, the issuing companies shall have a rating severability of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) interest clause, a cross-liability endorsement, (b) a provision that such policy clause and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer not provide for contribution of any right of subrogation against other insurance available to Landlord, its agents, employees and representatives, which arises managing agent or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” holders of any such policy at least twenty (20) days prior deeds of trust or mortgages. Notwithstanding anything to the expiration thereof. A certificate evidencing such contrary contained in this Lease, the carrying of insurance by Tenant in compliance with this Section 7.4 shall be furnished not modify, reduce, limit or impair Tenant’s obligations and attached to this Lease as Exhibit “E”. To the extent permitted liabilities under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageSection 7.3 hereof.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcemaintain, at its sole own cost and expense, a policy in responsible companies approved by Landlord, combined single limit public liability insurance, insuring Landlord and Landlord's agents and Tenant, as their interests may appear, against all claims, demands or policies actions for bodily injury, personal injury or death of insurance providing “commercial general liability” coverage any one person in an amount of not less than $1,000,000 limit per occurrence 1,000,000.00; and for bodily injury, personal injury or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to of more than one person in any increase one accident in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $1,000,000.00; and for damage to property in an amount of not less than $1,000,000.00. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the latest edition form of Best’s Insurance Guide a general coverage or floater policy covering these and other premises, provided that Landlord and Landlord's agents are specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if there is a boiler or compressor in the Premises. Tenant shall maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be in form and in responsible companies licensed in the state of Florida satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least a Class XII companythirty (30) days' prior written notice to Landlord. Each policy Any insurance procured by Tenant as herein required shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a an express waiver by the insurer of any right of subrogation by the insurance company against Landlord. The policies or a certificate from the insurer on Form XXXXX 27, its agentstogether with satisfactory evidence of the payment of the premiums thereon, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord with a certificate from the insurer on Form XXXXX 27 and evidence of coverage or other modification or cancellation except after proof of payment upon renewal of such policy, not less than thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to expiration of the expiration thereofterm of such coverage. A certificate evidencing such In the event Tenant fails to timely obtain or maintain the insurance required hereunder, Landlord may obtain same and any costs incurred by Landlord in connection therewith shall be furnished and attached to this Lease as Exhibit “E”payable by Tenant upon demand. To Landlord shall carry public liability insurance covering the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees common areas of the otherBuilding, on account of loss by or damage including but not limited to the waiving party or its property or the property of others under its controlsidewalks, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagemalls and parking lot.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and expense, a policy shall maintain at all times during the Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all improvements, alterations or policies of insurance providing “additions to the Premises, and all other property owned or used by Tenant and located in the Premises; (b) commercial general liability” coverage of liability insurance, contractual liability insurance and property damage insurance with respect to the Building and the Premises, with limits to be set by Landlord from time to time but in any event not less than $1,000,000 2,000,000.00 combined single limit per occurrence for personal injury, sickness or death or for damage to or destruction of property for any one occurrence; (c) plate glass insurance in an amount equal to the replacement cost of all plate glass located in or on the Premises; (d) worker’s compensation insurance in an amount not less than maximum statutory limits of recovery and employer’s liability insurance in an amount not less than the statutory requirement; and (e) insurance against such other risks and in such other amounts as reasonably Landlord or its insurer may from time to time require, so long as such types or amounts of insurance are customarily required by Landlord, including coverage for property damage, bodily injury owners of buildings comparable to the Building in downtown Chicago. The form of all such policies and wrongful death (which limit may deductibles thereunder shall be increased by written notice from subject to the prior approval of Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)and its insurance providers. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies insurers acceptable to Landlord and qualified licensed to do business in the StateState of Illinois and shall contain a waiver of any rights of subrogation thereunder. Each policy In addition, except for worker’s compensation insurance, the policies shall name Landlord and any other parties designated by Landlord as an additional insuredinsureds, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be require at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy thirty days’ prior written notice to Landlord of termination or modification and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesnot contributory. Landlord mayTenant shall, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after least thirty (30) days written notice prior to Landlord by taking possession of the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty Premises, and within thirty (2030) days prior to the expiration of each such policy, deliver to Landlord certificates evidencing the foregoing insurance or renewal thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease , as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which case may have been in force at the time of such loss or damagebe.

Tenant’s Insurance. During Effective as of the term of this Lease earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and any extension thereofcontinuing throughout the Term, Tenant shall maintain maintain: (A) commercial general liability insurance in forceamounts of $1,000,000 per occurrence, at its sole cost with a $2,000,000 aggregate amount of coverage, insuring Tenant, Landlord, Landlord’s property management company and expenseInvesco against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20206 1185; (B) if Tenant’s operations involve the use of company owned automobiles by employees, Automobile Liability covering any owned, leased, rented or borrowed vehicles of Tenant with limits of no less than $1,000,000 of coverage; (C) All Risk Property insurance covering the full value of all Alterations and improvements and betterments in the Premises made by Tenant, naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a policy Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or policies inadequacy of insurance providing “by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability” coverage liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than One Million Dollars ($1,000,000 limit per occurrence or 1,000,000); and (G) such other amounts insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to or any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises mortgagee or might arise by reason of any act or omission lessor of Landlord, its agents, employees or representatives. Landlord may, at any time and may reasonably require (but not more than once every two years) from time to time, inspect and/or copy . Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance policies required to be maintained by Tenant hereunder. No such Landlord, when any policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice issued to Landlord by the insurerprovides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with renewals or “binders” an additional insured endorsement in form CG 20206 1185, and such other evidence satisfactory to Landlord of any such policy the maintenance of all insurance coverages required hereunder at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least ten (10) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be furnished in form, and attached issued by domestic companies with a Best’s rating of A:VII or better. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective or otherwise, may, but shall not be obligated to, obtain such insurance policies, Landlord and Tenant hereby waive all rights shall pay to Landlord on demand the premium costs thereof. It is expressly understood and agreed that the foregoing minimum limits of recovery against insurance coverage shall not limit the other and against the officers, employees, agents and representatives, contractors, and invitees liability of the other, on account of loss by Tenant for its acts or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been omissions as provided in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereofTerm, Tenant shall maintain insurance for the benefit of Tenant and Landlord (as their interests may appear) for the insurance coverages set forth on the attached Exhibit E (subject to the provisions of Section 9.2(C) below), with terms and coverages reasonably satisfactory to Landlord and with such increases in forcelimits as Landlord may from time to time reasonably request, consistent with requirements for comparable tenancies for the Permitted Uses at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)Comparable First-Class Buildings. All insurance required to be carried maintained by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have at all times having a current rating of not less that than A- and financial category rating of at least Class X in “A” in the latest edition of A.M. Best’s Insurance Guide Guide” current edition. Prior to the Commencement Date and on each anniversary of that date (or on the policy renewal date), Tenant shall be give Landlord certificate(s) evidencing such coverage in a customary XXXXX 25 form or a then applicable equivalent form (for institutionally-owned properties) reasonably specified by Landlord. Tenant shall provide notice to Landlord of cancellation or change in such policies to Landlord at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice in advance of such cancellation or change. Liability insurance maintained by Tenant shall be deemed to be primary insurance, and any liability insurance maintained by Landlord by shall be deemed secondary to it. Tenant may use blanket or excess umbrella coverage to satisfy any of the insurerrequirements of this Section 9.1 and on such basis comply with the required limits set out herein, provided that any umbrella coverage is provided on a “following form” basis. Tenant shall furnish Landlord with renewals or “binders” cure any breach of any such policy at least twenty this Lease on account of Tenant’s failure to carry the insurance required by this Section 9.1 within ten (2010) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, after notice from Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by shall have no further notice or damage to the waiving party or its property or the property of others cure right under its control, to the extent that Article 13 for any such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagebreach.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceat all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Tenant’s Improvements and Betterments to a limit of not less than the fair market value thereof, at its sole cost and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage liability insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 5,000,000 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the New Mexico Tort Claims Act)liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of New York State and rated by Best’s Insurance Guide Reports or any successor publication of comparable standing as B/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be cancelled or allowed to lapse unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation or lapse. The proceeds of policies providing property insurance of Tenant’s Property and Improvements and Betterments shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect payable to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceTenant, and (c) a waiver by the insurer coverage under such policies of any right of subrogation against liability insurance to Landlord, its agents, employees Tenant and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time each Superior Lessor and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerSuperior Mortgagee as their interests may appear. Tenant shall furnish cooperate with Landlord in connection with renewals or “binders” the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such policy at least twenty (20) days prior proofs of loss and other instruments which may be required to the expiration thereof. A certificate evidencing recover any such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagemoneys.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A-VII or better and acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each general liability policy shall name Landlord include Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceinsurance for Landlord’s interest only, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord maybefore the date Tenant is given possession of the Premises, at and annually thereafter, within thirty (30) days after any time and from time to time, inspect and/or copy any insurance policies required to be maintained demand by Tenant hereunderLandlord therefore. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after thirty (30) days days’ written notice to Landlord. In any event deductible amounts under all general liability insurance policies required to be carried by Tenant under this Lease shall not exceed Ten Thousand Dollars ($10,000.00) per occurrence. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord by may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the insurerTenant the premiums, which shall be payable upon demand. Tenant shall furnish Landlord with renewals or “binders” of any have the right to provide such policy at least twenty (20) days prior insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesPremises, Landlord Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During (a) Tenant shall obtain and maintain in full force and effect at all times during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expensethe Lease, a Commercial General Liability policy or policies of insurance protecting Tenant and Landlord (as an additional insured) against claims for bodily injury, personal injury and property damage based upon, involving, or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing “commercial general liability” single limit coverage of in an amount not less than Two Million Dollars ($1,000,000 limit 2,000,000) per occurrence with an "Additional Insured-Managers or such other amounts Lessors of Premises" Endorsement and contain the "Amendment of the Pollution Exclusion" for damage caused by heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as reasonably between insured persons or organizations but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of the insurance required by Landlord, including coverage for property damage, bodily injury and wrongful death (which this Lease or as carried by Tenant shall not limit may be increased by written notice from Landlord to correspond to the liability of Tenant nor relieve Tenant of any increase in the limits specified in the New Mexico Tort Claims Act)obligation hereunder. All insurance required to be carried by Tenant hereunder shall be issued primary to and not contributory with any similar insurance carried by responsible Landlord, whose insurance companies acceptable to shall be considered excess insurance only. Landlord and qualified to do business in the State. Each policy shall name Landlord be named as an additional insured, the issuing companies insured on Tenant's insurance policy. Tenant shall have provide a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect certificate to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver duly issued by the insurer of any right of subrogation against Landlord, its agents, employees verifying that such insurance is in full force and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after effect not later than thirty (30) days after receipt of Landlord's written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagerequest.

Tenant’s Insurance. During SECTION 9.02 of the term of this Original Lease and any extension is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shall maintain in forcepurchase, at its sole cost and own expense, a policy or and keep in force at all times during the Lease Term the policies of insurance providing “set forth below (collectively, "TENANT'S POLICIES"). All Tenant's Policies shall (a) be issued by an insurance company with a Best's rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable) and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require. The Tenant's Policies described in (i) and (ii) below shall (1) provide coverage on an occurrence basis; (2) name Landlord (and its lender, if applicable) as additional insured; (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease; (4) contain a separation of insured parties provision; (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant's Policies (or, at Landlord's option, Certificates of Insurance and applicable endorsements, including, without limitation, an "Additional Insured-Managers or Landlords of Premises" endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord's corporate and regional notice addresses at least 30 days prior to the applicable expiration date of each Tenant's Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant's Policy(ies) of: (i) commercial general liability” coverage or excess liability insurance, including personal injury and property damage, in the amount of not less than $1,000,000 limit 2,000,000.00 per occurrence occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or such other amounts as reasonably required by Landlorddeaths of persons and property damage based upon or arising out of the ownership, including coverage for property damageuse, bodily injury occupancy or maintenance of a motor vehicle at the Premises and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase all areas appurtenant thereto in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” than $1,000,000, combined single limit; (iii) commercial property insurance covering Tenant's Property (at its full replacement cost); (iv) workers' compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years' rent due hereunder; and if Tenant handles, stores or utilizes Hazardous Substances in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementits business operations, (bvi) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess pollution legal liability insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies that are rated by Best Insurance Reports as A:VII or better and acceptable to Landlord and qualified Landlord’s lender and licensed or authorized to do business in the StateState of California. Each policy shall name Landlord Landlord, Affiliates to the extent that insuring Affiliates does not unreasonably increase the premium for the policy, Landlord’s property manager for the Project, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsementseparation of insureds condition, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceLandlord, and (ciii) with respect to property insurance, a waiver by the insurer of any right of subrogation against LandlordLandlord or against Affiliates, its agentsto the extent no additional premium is charged for such waiver as to Affiliates, employees and representatives, which that arises or might arise by reason of any payment under such policy or by reason of any act or omission of LandlordLandlord or any of its Affiliates. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is given possession of the Premises, its agentsand thereafter, employees or representativeswithin thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable cancelable, materially changed or subject to reduction of reduced in coverage or other modification or cancellation except after thirty (30) days days’ written notice to Landlord by the insurerand Landlord’s lender. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums, which shall be payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and expense, a policy or policies shall maintain: a) All Risk coverage insurance on all fixtures, improvements, furnishings, merchandise, equipment and personal property in the Premises; and b) for the benefit of insurance providing “Tenant and Landlord, commercial general liability” liability and property damage insurance against claims for bodily injury, death or property damage occurring in or about, and/or arising from Tenant's use of, the Premises, with combined single limit coverage of not less than at least $1,000,000 limit per occurrence 2,000,000 (such insurance shall include, without limitation, products liability, coverage for liability arising from consumption of any food or such other amounts as reasonably required by Landlord, beverages sold from the Premises (including coverage for property damageliability from consumption or sale of alcoholic beverages). Such insurance coverage shall not limit Tenant's liability. Tenant shall furnish to Landlord prior to the Commencement Date, bodily injury and wrongful death (which limit may at least 30 Days prior to the expiration date of any policy, certificates indicating that the insurance required of Tenant is in full force and effect, that Landlord has been named as an additional insured on the liability policy, and that no such policy will be increased by canceled unless 30 Days' prior written notice from has been given to Landlord. Each liability policy shall include a broad form liability endorsement and provide that Landlord to correspond to as an additional insured may recover for any increase loss it suffers by reason of acts/omissions of Tenant and its Agents. Except as Landlord may approve in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by writing before issuance of such policy, all policies which Tenant shall obtain hereunder shall be issued by responsible insurance companies acceptable to Landlord with "AAA" rating by either Moodx'x Xxxing Service or Standard & Poor's Rating Service and qualified to do business in the State. Each general policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyA in Best Insurance Guide's then most current issue. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained Policies obtained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage shall be subject to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord's reasonable approval.

Tenant’s Insurance. During The Tenant shall, during the entire term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its the Tenant's sole cost and expense, a policy but for the mutual benefit of the Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or policies of property damage occurring upon, in or about the entire property described on Exhibit "B" attached hereto and on, in or about the adjoining streets and passageways, such insurance providing “commercial general liability” coverage to afford protection to the limit of not less than $1,000,000 in respect to injury or death to a single person, and to the limit of not less than $2,000,000 in respect to any one accident, and to the limit of not less than $250,000 in respect to property damage or a combined single limit policy not less than $2,000,000 per occurrence occurrence. All policies shall name Landlord and the mortgagee of the property as an additional named insured, as their interest may appear. The initial mortgagee shall be State Farm Life Insurance Company. Tenant shall also provide insurance coverage to the extent of the full replacement value covering all of Tenant's property, fixtures, equipment, tools, improvements, stock, goods, wares or such other amounts as merchandise, that it may have in or on or about the Demised Premises. Other forms of insurance may be reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (to cover future risks against which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)a prudent Tenant would protect itself. All policies of insurance required to be carried by Tenant hereunder provided for herein shall be issued by responsible insurance companies acceptable to Landlord with a general policy holder's rating of not less than A and a financial rating of AAA, as rated in the most current available "Best's Guide" Insurance Reports, and qualified to do business in the Statestate of Utah. Each policy The policies for the foregoing insurance shall name provide that the proceeds thereof shall be payable to the Tenant and to the Landlord, as their respective interests may appear. Said required Tenant insurance coverage shall be verified to the Landlord as by an additional insured, the issuing companies shall have a rating of not less that “A” insurance carrier in the latest edition form of Best’s Insurance Guide and shall be at least either a Class XII company. Each certified copy of the policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy or other written verification of insurance coverage acceptable to Landlord and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by lending institution for the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesDemised Premises. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to shall provide that Landlord be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after given thirty (30) days written notice prior to Landlord by the insurer. Tenant shall furnish Landlord with renewals any cancellation or “binders” alteration of any such policy at least twenty policy, except ten (2010) business days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”written notice for non-payment of premium. To the extent permitted under their respective insurance policiesthat Tenant fails to provide the foregoing insurance, Landlord and either hazard or liability, Tenant hereby waive all rights of recovery against the other and against the officersshall be responsible to Landlord, employeesas his interest appears, agents and representatives, contractors, and invitees of the other, on account of loss by or for such damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may would have been in force at the time of insured by said policies but for Tenant's failure to obtain such loss or damageinsurance.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forcepurchase, at its sole cost and own expense, a policy or and keep in force at all times during the Lease Term the policies of insurance providing “set forth below (collectively, "Tenant's Policies"). All Tenant's Policies shall: (a) be issued by an insurance company with a Best's rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in the state in which the Leased Premises are located, (b) provide that said insurance shall not be canceled or materially modified unless 30 days' prior written notice shall have been given to Landlord, (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable), and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require . The Tenant's Policies described in (i) and (ii) below shall: (1) provide coverage on an occurrence basis, (2) name Landlord (and its lender, if applicable) as an additional insured, (3) provide coverage, to the extent insurable, for the indemnity obligations of Tenant under this Lease, (4) contain a separation of insured parties provision, (5) be primary, not contributing with, and not in excess of, coverage that Landlord may carry, and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant's Policies (or, at Landlord's option, Certificates of Insurance and applicable endorsements, including, without limitation, an "Additional Insured-Managers or Landlords of Premises" endorsement) shall be delivered to Landlord prior to the Commencement Date and renewals thereof shall be delivered to Landlord's notice addresses at least 30 days prior to the applicable expiration date of each Tenant's Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may: (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent and (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Development. Tenant shall purchase and maintain throughout the Term, a Tenant's Policy(ies) of: (i) commercial general liability” coverage or excess liability insurance, including personal injury and property damage, in the amount of not less than $1,000,000 limit 2,000,000.00 per occurrence occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or such other amounts as reasonably required by Landlorddeaths of persons and property damage based upon or arising out of the ownership, including coverage for property damageuse, bodily injury occupancy or maintenance of a motor vehicle at the Development and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase all areas appurtenant thereto in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating amount of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementthan $1,000,000, combined single limit, (biii) a provision that such policy and commercial property insurance covering Tenant's Property (at its full replacement cost), (iv) workers' compensation insurance per the coverage evidenced thereby shall be primary and noncontributing applicable state statutes covering all employees of Tenant, (v) business interruption insurance with respect limits not less than an amount equal to any policies carried by Landlord and that any coverage carried by Landlord shall be excess one (1) year's Rent due hereunder, (vi) if Tenant handles, stores or utilizes Hazardous Substances in its business operations, pollution legal liability insurance, and (cvii) a waiver any other insurance coverages deemed appropriate by the insurer of any right of subrogation against Landlord or required by Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage's lender.

Tenant’s Insurance. During the term of this Lease and any extension thereof, (a) Tenant shall maintain in forceat all times during the Term (i) "all risk" property, at its sole insurance covering all present and future Tenant's Property, Fixtures and Tenant's Improvements and Betterments to a limit of not less than the full replacement cost thereof, and expense, a policy or policies of insurance providing “(ii) commercial general liability” coverage liability insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 10,000,000 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord and each Superior Lesser and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $10,000,000 and (iv) when Alterations are in process, the insurance specified in SECTION 5.02(f) hereof. The limits of such insurance shall not limit the New Mexico Tort Claims Act)liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any other additional insureds such renewal policy or a certificate thereof atleast 30 days before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility approved to do business in New York State and rated by Best's Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the Statethen equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord any additional insureds are given at least 30 days' prior written notice of such cancellation, lapse or modification. Each policy The proceeds of policies providing "all risk" property insurance of Fixtures and Improvements and Betterments shall name Landlord be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, the issuing companies their interests may appear. Tenant shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and right to receive the coverage evidenced thereby shall be primary and noncontributing proceeds paid with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer Tenant's Property of any right policy maintained by Tenant to provide insurance of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason Tenant's property. Tenant shall cooperate with Landlord in connection with the collection of any act or omission insurance monies that may be due in the event of Landlord, its agents, employees or representativesloss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may, at any time and may from time to timetime require that the amount of the insurance to be maintained by Tenant under this SECTION 8.02 be increased, inspect and/or copy any so that the amount thereof adequately protects Landlord's interest but such increase shall not be in excess of to that amount of insurance policies which in Landlord's reasonable judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy with respect to the insurance required to be maintained by Tenant hereunder. No such hereunder may be carried under a blanket policy shall be cancelable or subject to reduction covering the Premises and other locations of coverage or other modification or cancellation except after thirty Tenant, if any, provided that (30x) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior coverages and limits applicable to the expiration thereof. A certificate evidencing Premises are separately stated in amounts not less than the amounts required hereunder and (y) the coverage afforded under such blanket policy allocable to the Premises shall not be less than the coverage which would have been afforded had such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted not been covered under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagea blanket policy.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceat all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, at its sole cost with an agreed amount endorsement, and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability coverage, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $1,000,000 5,000,000 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as loss payees as their interests may appear, with limits of not less than the full replacement cost thereof, with an agreed amount endorsement, and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the New Mexico Tort Claims Act)liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable to Landlord and qualified of recognized responsibility licensed to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of New York State and rated by Best’s Insurance Guide Reports or any successor publication of comparable standing as A/VIII or better or the then equivalent of such rating, and, if reasonably available, all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 30 days prior written notice of such cancellation, lapse or modification. Tenant shall provide Landlord with notice of any cancellation, lapse or modification of the insurance policies described in this Section within 10 days after Txxxxx’s receipt of notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be at least a Class XII companypayable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Each policy Tenant shall contain (a) a cross-liability endorsement, (b) a provision that such policy and cooperate with Landlord in connection with the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer collection of any right insurance moneys that may be due in the event of subrogation against Landlord, its agents, employees loss and representatives, Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which arises or might arise by reason of may be required to recover any act or omission of Landlord, its agents, employees or representativessuch insurance moneys. Landlord may, at any time and may from time to time, inspect and/or copy any time reasonably require that the amount of the insurance policies required to be maintained by Tenant hereunder. No such policy shall under this Section 7.02 be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by increased, so that the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageamount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. During To maintain (a) all risk property insurance in amounts sufficient to fully cover Tenant's improvements and all property in the term of this Lease Premises which is not owned by Landlord and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “(b) commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordliability insurance on the Premises, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from with Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord named as an additional insured, indemnifying Landlord and Tenant against all claims and demands for (i) injury to or death of any person or damage to or loss of property, on the issuing companies shall have a rating Premises, or connected with the use, condition or occupancy of not less that “A” any of the foregoing unless caused by the negligence of Landlord or its servants or agents, or (ii) any act, fault or omission, or other misconduct of Tenant or its agents, employees, contractors, licensees, sublessees or invitees, in amounts which shall, at the latest edition beginning of Best’s Insurance Guide and shall the Term, be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsementequal to the limits set forth in Section 1.1, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to timetime during the Term, inspect and/or copy shall be for such higher limits, if any, as are customarily carried in the area in which the Premises are located on property similar to the Premises and used for similar purposes, and shall be written on the "Occurrence Basis," and to furnish Landlord with certificates thereof. Such insurance shall be effected under valid and enforceable policies with insurers authorized to do business in Massachusetts as stock or mutual companies that are rated in the current edition of Best's Key Rating Guide, Property and Casualty as A and as Class VII or higher. Such policies shall name Landlord and Tenant as the insureds as their respective interests may appear. Not xxxxx than the first to occur of (a) the Commencement Date or (b) the commencement of any insurance policies required to be maintained activities by Tenant hereunder. No such policy shall be cancelable in or subject to reduction of coverage or other modification or cancellation except after about the Premises and thereafter not less than thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be dates of the expiring policies theretofore furnished and attached pursuant to this Lease as Exhibit “E”. To Section 6.1.8, Tenant shall deliver to Landlord certificates of insurance issued by the extent permitted under their respective insurance policiesinsurers evidencing all such policies in form satisfactory to Landlord, accompanied by evidence satisfactory to Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees payment of the otherfirst installment of the premiums. Each such policy shall provide that it may not be canceled and that its form, on account of loss by terms or damage conditions may not be changed without at least thirty (30) days' prior written notice to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is each insured against under any insurance policy which may have been in force at the time of such loss or damagenamed therein.

Tenant’s Insurance. During 16 20 (a) Tenant shall carry fire and special extended coverage insurance on Tenant's own fixtures and personal property in the term Premises in the amount of this Lease and any extension thereoftheir full replacement cost. In addition, Tenant shall maintain in force, at its sole cost workers' compensation insurance and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or all such other amounts insurance as reasonably may be required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)applicable law. All insurance policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible insurance responsible, financially sound companies acceptable to Landlord and qualified to do business and in good standing in the State. Each policy Commonwealth of Massachusetts and shall name contain an endorsement showing that Landlord and each holder of a Mortgage (disclosed in writing to Tenant) is included as an additional insuredinsured (except as to workers' compensation insurance), as its interests may appear and an endorsement whereby the issuing companies shall have a rating of insurer agrees not to cancel or alter the policy without not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after than thirty (30) days prior written notice to Landlord by the insurerLandlord, to such mortgagee and all other named insureds. Tenant shall furnish Landlord with renewals shall, on or “binders” of any such policy at least twenty (20) days prior to the Term Commencement Date, deposit with Landlord certificates of such insurance, and thereafter, on or prior to fifteen (15) days before the expiration thereofdate of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. A Any such insurance may be maintained by Tenant under a blanket policy or policies, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Premises and any sublimits of such policy allocable to the Premises, shall be in amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than that which would have been afforded under a separate policy or policies relating only to the Premises, and the certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To contain provisions confirming the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageforegoing.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost expense procure and expense, a policy or policies of maintain throughout the Term the following insurance providing “commercial policies: (1) comprehensive general liability” coverage liability insurance in amounts of not less than a combined single limit of $1,000,000 limit per occurrence 3,000,000 (the "INITIAL LIABILITY INSURANCE AMOUNT") or such other amounts as Landlord may from time to time reasonably required by require, insuring Tenant, Landlord, Landlord's agents and their respective affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises by Tenant, (2) contractual liability insurance coverage sufficient to cover Tenant's indemnity obligations hereunder, (3) insurance covering the full value of Tenant's property and improvements, and other property (including coverage for property damageof others), bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies Premises, (4) xxxxxxx'x compensation insurance, containing a waiver of subrogation endorsement reasonably acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insuranceLandlord, and (c5) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representativesbusiness interruption insurance. Landlord may, at any time and from time to time, inspect and/or copy any Tenant's insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of provide primary coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerwhen any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish certificates of such insurance and such other evidence satisfactory to Landlord with renewals of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or “binders” a material change of any such policy at least twenty (20) days prior to the expiration thereofinsurance. A certificate evidencing All such insurance policies shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractorsin form, and invitees of issued by companies, reasonably satisfactory to Landlord, The term "AFFILIATE " shall mean any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagequestion.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and expense, a policy shall maintain at all ------------------ times during the Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all improvements, alterations or policies of insurance providing “additions to the Premises made at Tenant's expense, and all other property owned or used by Tenant and located in the Premises; (b) commercial general liability” coverage of liability insurance, contractual liability insurance and property damage insurance with respect to the Building and the Premises, with limits to be set by Landlord from time to time but in any event not less than $1,000,000 3,000,000.00 combined single limit per occurrence for personal injury, sickness or death or for damage to or destruction of property for any one occurrence; and (c) insurance against such other risks and in such other amounts as Landlord may from time to time reasonably required by Landlord, including coverage require (provided that such insurance and/or such amounts are commercially reasonable for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord commercial properties similar to correspond to any increase in the limits specified in the New Mexico Tort Claims ActBuilding). The form of all such policies and deductibles thereunder shall be subject to Landlord's prior reasonable approval. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies insurers reasonably acceptable to Landlord and qualified licensed to do business in the StateState in which the Premises are located and shall contain a waiver of any rights of subrogation thereunder. Each policy In addition, the policies shall name Landlord and any other parties designated by Landlord as an additional insuredinsureds, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be require at least a Class XII company. Each policy shall contain thirty (a30) a cross-liability endorsement, (b) a provision that days' prior written notice to Landlord and such policy other parties designated by Landlord of termination or modification and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurernot contributory. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty fifteen (2015) days prior to the Commencement Date, and within fifteen (15) days prior to the expiration of each such policy, deliver to Landlord certificates evidencing the foregoing insurance or renewal thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease , as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which case may have been in force at the time of such loss or damagebe.