Common use of Casualty Insurance Clause in Contracts

Casualty Insurance. a. Tenant shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such loss.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall at all times during the Term carry, as an Operating Expense of its machinerylire Building, equipmenta policy of insurance which insures the Building, furnitureincluding the Premises, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceendorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant's operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 6(a) hereof, if any, or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 11(c) hereof are substantially different from the Tenant Improvements described in Exhibit "B" and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Building, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as additional rent after being billed therefore. Tenant agrees that shall at all times during the Term, carry, at its own expense, property insurance covering its personal property, trade fixtures Installed by or paid for by Tenant or any additional improvements which Tenant may construct on the Premises which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.

Casualty Insurance. a. Tenant shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which Landlord may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” maintain fire and extended coverage insuranceinsurance on the Leased Premises and additions and improvements by Tenant which have become or are to become the property of Landlord upon termination of this Lease. Said insurance may be maintained with an insurance company authorized to do business in Colorado, including, but without limiting in amounts desired by Landlord and at the generality expense of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotionLandlord, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance payments for losses thereunder shall permit releases of liability as provided herein and/or waiver of subrogation clause as be made solely to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and shall provide insurance on its agents, servants and employees for loss or damage to, or destruction of, any of the machineryinventory, equipment, furniture, fixtures, leasehold improvements and all other property, whether that of Tenant or of others in, upon or about personal property located at the Leased Premises against loss resulting from firefire or other casualty at Tenant’s sole cost. Tenant shall have the right to provide such insurance under a self-insurance program, explosion or, at any time during the term of this Lease, to provide such insurance through an insurance company. Whenever (i) any loss, cost, damage or expense resulting from any peril described in this paragraph 13 is incurred by any party to this Lease in connection with the other perils included Leased Premises or any part or contents thereof, and (ii) such party is then covered in standard extended coverage whole by insurance notwithstanding that with respect to such loss, claimcost, expense damage or damage expense, then the party so insured hereby releases the other party, its officers, agents and employees from any liability it may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event on account of such loss. Landlord hereby , cost, damage or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof, provided that such release of liability and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion waiver of the Premises resulting from fireright of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage (or increase the cost thereof, explosion unless the other party reimburses the insured for any cost increase). If either Landlord or other perils included Tenant fails to maintain in standard extended coverage force any insurance notwithstanding that required by this Lease to be carried by it, then for purposes of this waiver of subrogation the party failing to carry such loss, claim, expense or damage may insurance shall be deemed to have been caused by fully insured and to have recovered the negligence (entire amount of its loss. If the release of either Landlord or Tenant as set forth herein shall contravene any law with respect to exculpatory agreements, the liability of the party in question shall be deemed not released but not gross negligence or willful acts) shall be secondary to that of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such lossother party's insurer.

Casualty Insurance. a. Tenant (a) Borrower shall (i) keep the Improvements and all of its machinery, equipment, furniture, fixtures, leasehold improvements personal property owned by Borrower and other property under located on the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises Land insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire fire, theft, vandalism, malicious mischief and such other risk or risks hazards and contingencies as Lender may require from time to time; (ii) during any period of a similar or dissimilar nature as are nowconstruction, or may cause the policy evidencing such fire and extended coverage insurance for the Improvements to be in the future be, customarily covered under so-called “all riskBuilder’s Risk 100% Completed Value Non-Reporting” fire and extended coverage insuranceform; (iii) ensure that each policy required under this paragraph provides that (A) losses will be adjusted with Lender, including(B) loss payments will be payable to Lender alone, but without limiting such payments to be applied, at the generality option of Lender (except as may be otherwise provided herein or in the Mortgage), to the restoration, repair or replacement of the foregoingImprovements or the payment of the principal and interest on the Note and all other indebtedness of Borrower to Lender, windstorms(C) the interest of Lender shall be insured regardless of any breach or violation by Borrower of any warranties, haildeclarations, explosions, vandalism, theft, malicious mischief, civil commotionterms or conditions contained in such policy, and (D) if such other coverage insurance is cancelled or materially changed for any reason whatsoever, the insurer shall promptly notify Lender and such cancellation or change shall not be effective as Tenant may deem appropriate or necessary. Tenant agrees that to Lender for thirty (30) days after receipt by Lender of such notice; and (iv) deliver to Lender a copy of each such policy or policies (or, in Lender’s discretion, a certificate of insurance shall permit releases coverage satisfactory to Lender in connection therewith) upon the execution hereof, and a copy of liability as provided herein and/or waiver each renewal policy (or, in Lender’s discretion, a certificate of subrogation clause as coverage satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Lender in connection therewith) not less than thirty (30) days prior to the expiration of the machineryoriginal policy or preceding renewal policy (as the case may be), equipment, furniture, fixtures, leasehold improvements and shall also deliver to Lender receipts or other property, whether evidence that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may premiums thereon have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losspaid.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, maintain or cause to be maintained All Risk property insurance on (a) the entire Project (excluding leasehold improvements and other the personal property under of tenants) and on the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant Building Standard Improvements (defined in Exhibit I) in an amount equal to one hundred percent (100%) of not less than the full insurable value thereof (on a replacement cost basis against loss basis) thereof above the foundation, and (b) if Tenant furnishes written notice to Landlord thirty (30) days in advance ("Insurance Request") and as to the Leased Premises only, the Leasehold Improvements to the extent the Restored Condition exceeds the Building Standard Improvements. With respect to the insurance described in subsection (b) above, Landlord shall only be obligated to insure those Leasehold Improvements in. excess of the Building Standard Improvements as such Leasehold Improvements are identified on then existing record plans and specifications furnished to Landlord on or damage prior to the date of the Insurance Request. If Tenant shall request that Landlord provide the coverage described in subsection (b) above, Landlord shall provide such coverage by fire purchasing, at Tenant's cost and expense, a separate policy of insurance which Tenant shall approve in writing as to all matters pertaining to such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurancepolicy, including, but without limiting limitation, matters regarding the generality scope of coverage and the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies amount of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, deductibles and Tenant agrees to look to shall reimburse Landlord within ten (10) days after Landlord's request for the insurance coverage only in the event cost of such lossinsurance, which cost shall be solely Tenant's obligation. Landlord hereby waives shall renew such insurance coverages requested by Tenant on the same terms and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of conditions unless otherwise specified in writing by Tenant. Upon the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents or employees, and Landlord agrees to look to a copy of a duly executed certificate of insurance reflecting Landlord's maintenance of the insurance coverage only required under this Section 6.4 and Section 6.5 below shall be delivered to Tenant. Said insurance shall be maintained at the expense of Landlord (which expense is to be included in Operating Expenses, except for the event insurance in clause (b) which shall be paid separately by Tenant as provided above) with a reputable and financially sound insurance company selected by Landlord that is authorized to do business in Texas. All payments for losses thereunder shall be made solely to Landlord, the holder of any mortgage or deed of trust, or any escrow agent as required by the REA. If the annual premiums paid by Landlord for such losscasualty insurance exceed the standard premium rates because of the nature of Tenant's operations, contents or improvements beyond Building Standard Improvements or because the same result in extra hazardous exposure, then Tenant shall upon receipt of copies of appropriate premium invoices promptly reimburse Landlord for such increases in such premiums.

Casualty Insurance. a. Tenant Throughout the Lease Term, Lessee, at its sole cost and expense, shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may cause to be located in, upon, or about the Premises kept insured for the mutual benefit of Tenant in an amount equal Lessor and Lessee, all improvements now or hereafter located on, under, or appurtenant to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Leased Premises against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are nownow or hereafter included in an extended coverage endorsement in common use in the locality where the Leased Premises are located for projects of similar size and quality, including, without limitation, hail, lightning, windstorm, vandalism, boiler, explosion, and malicious mischief coverage. Such improvements shall include, without limitation, all buildings at any time located on, under, or appurtenant to the Leased Premises. The amount of such insurance coverage shall be sufficient to prevent either Lessor or Lessee from becoming a co-insurer under the provisions of the policy(ies), but in no event shall the amount be less than 100% of the full replacement cost of all improvements (excluding, however, the cost of replacing excavations and foundations but without deduction for depreciation), hereinafter referred to as the "FULL INSURABLE VALUE". If any dispute as to whether the amount of insurance complies with the above cannot be resolved by agreement between Lessor and Lessee, Lessor may not more than every year during the Lease Term request either the carrier of the insurance then in force or a mutually acceptable insurance consultant to determine the future beFull Insurable Value and the resulting determination shall be conclusive between the parties for the purposes of this paragraph. On Lessor's notice of demand, customarily covered under so-called “all risk” Lessee shall include the holder of any mortgage or deed of trust on the Leased Premises as a loss payee as its interest may appear. All polices of fire and extended coverage insurance, including, but without limiting insurance required by this paragraph shall provide that the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotionproceeds be paid to Lessee, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies proceeds shall be deemed to be held in trust by Lessee to be applied towards the repair, restoration, and/or reconstruction of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such lossimprovements.

Casualty Insurance. a. Tenant Throughout the life of this Leasehold Mortgage, Mortgagor shall keep all of its machinerypresent and future improvements on the Property insured by companies approved by Mortgagee against fire, equipmentearthquake, furnitureflood, fixtures, leasehold improvements and other property under all hazards included within the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called term “all riskextended coverage” fire and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage hazards as Tenant Mortgagee may deem appropriate or necessaryfrom time to time require. Tenant agrees that such policy or policies of This insurance shall permit releases be maintained in an amount at least equal to the greater of liability as provided herein and/or waiver (a) the unpaid balance of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage todebts secured by this Leasehold Mortgage, or destruction of(b) an amount sufficient to prevent the operation of a co-insurance clause in the policy (e.g., any ensuring that partial losses are fully covered). All insurance policies shall be in a form acceptable to Mortgagee, and shall include a long form noncontributory mortgagee clause in favor of Mortgagee, and in form acceptable to Mortgagee. Mortgagor shall promptly pay all bills for insurance premiums. Mortgagor shall promptly furnish to Mortgagee copies of the machinerypolicies, equipmentrenewal notices and premium receipts, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to if requested. If Mortgagee at any time deems the insurance coverage only in unsatisfactory, it may obtain additional insurance, adding the expense to the debt secured by this Leasehold Mortgage. In the event the Property is damaged by casualty or a liability claim is made, Mortgagor shall immediately file a claim with the insurance company and notify Mortgagee of the claim. Mortgagee may take such actions as it deems necessary regarding the claim, and shall be reimbursed by Mortgagor upon demand for all costs (including without limitation attorney’s fees) regarding such actions. Any amounts paid by virtue of such loss. Landlord hereby waives and releases all claimsclaims shall be paid to Mortgagee alone, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion to be applied to restoration of the Premises resulting from fire, explosion Property or to such other perils included purposes as Mortgagee in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage its sole discretion deems appropriate. Mortgagee may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to assign the insurance coverage only in policies to any purchasers of the event of such lossproperty at a foreclosure sale.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant’s Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under a blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. Tenant Borrower shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements the Collateral properly housed and other property under shall keep the care, custody, or control of Tenant Collateral insured against such risks and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire and such other risk or risks of a similar or dissimilar nature amounts as are nowcustomarily insured against by Persons engaged in businesses similar to that of Borrower with such companies, in such amounts and under policies in such form as shall be reasonably satisfactory to LaSalle. Originals or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality certified copies of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance have been or shall permit releases be delivered to LaSalle within fifteen (15) days after the Closing Date, together with evidence of liability as provided herein and/or waiver payment of subrogation clause as all premiums therefor, and shall contain an endorsement, in form and substance acceptable to LandlordLaSalle, showing loss under such insurance policies payable to LaSalle. Tenant hereby waives Such endorsement, or an independent instrument furnished to LaSalle, shall provide that the insurance company shall give LaSalle at least thirty (30) days written notice before any such policy of insurance is altered or canceled and releases all claimsthat no act, liabilities and causes whether willful or negligent, or default of action against Landlord and its agents, servants and employees for Borrower or any other Person shall affect the right of LaSalle to recover under such policy of insurance in case of loss or damage todamage. Borrower hereby directs all insurers under such policies of insurance to pay all proceeds payable thereunder directly to LaSalle. Borrower irrevocably, makes, constitutes and appoints LaSalle (and all officers, employees or agents designated by LaSalle) as Borrower's true and lawful attorney (and agent-in-fact) for the purpose of making, settling and adjusting claims under such policies of insurance, endorsing the name of Borrower on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and making all determinations and decisions with respect to such policies of insurance, provided, however, that LaSalle shall exercise such rights only upon the occurrence and during the continuance of an Event of Default. The proceeds of any insured loss shall be paid to LaSalle and shall be applied by LaSalle (i) with respect to insurance proceeds from Collateral consisting of Equipment, Fixtures, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other real property, whether that of Tenant or of others in, upon or about to the Premises resulting from fire, explosion or sums owed in connection with the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employeesTerm Loan, and Tenant agrees (ii) with respect to look insurance proceeds from any other Collateral, to sums owed in connection with the Revolving Loans, provided that at any time during which an Event of Default has occurred and is continuing, LaSalle may apply the whole or any part of such proceeds to the insurance coverage only Obligations, in such order of application as determined by LaSalle, unless LaSalle permits the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss use thereof to repair or damage to, replace damaged or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such loss.destroyed Collateral;

Casualty Insurance. a. Tenant shall keep will at all times during the term of this Lease, at its machineryexpense, equipment, furniture, fixtures, leasehold improvements and other property under maintain a policy or policies of insurance with premiums paid in advance issued by an insurance company licensed to do business in the care, custody, or control State of Tenant and business interests which may be located in, upon, or about Minnesota insuring the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Building against loss or damage by fire and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included insurable hazards and contingencies for the full replacement value. All insurance policies and renewals thereof required herein will (i) contain a loss payee and standard mortgage clause in standard extended coverage favor of and in form acceptable to Landlord; and (ii) have an “agreed amount” endorsement or otherwise exclude co-insurance notwithstanding that such loss, claim, expense or damage may have been caused participation by the negligence insured. Tenant will use its best efforts to cause such policy or policies to provide that thirty (30) days written notice be given to Landlord prior to cancellation thereof, and such policies will otherwise be reasonably satisfactory to Landlord in all other respects. Tenant will deliver to the Landlord’s mortgagee copies of such policies satisfactory to the mortgagee evidencing the property insurance which is required herein. If Landlord’s mortgagee should require additional insurance coverage than that required herein, Tenant will procure such insurance at its own expense. Tenant will promptly furnish copies of all renewal notices received by it. At least thirty (30) days prior to the expiration date of a required policy, Tenant will deliver to Landlord a copy of a renewal policy in form satisfactory to Landlord. Landlord may from time to time, but not gross negligence or willful actsmore often than every three (3) years, require an insurance appraisal, reasonably satisfactory to Landlord, confirming the replacement cost of the insured property. If Tenant has a blanket insurance policy in force providing coverage for several properties of Tenant, its agents or employeesincluding the subject Premises, Landlord will accept a certificate of such insurance together with a copy of such blanket insurance policy; provided the certificate sets forth the amounts of insurance and coverage, and Landlord agrees to look such amounts are at least equal to the insurance coverage only in amounts required hereinabove, and otherwise complies with the event of such lossrequirements hereof.

Casualty Insurance. a. At all times during the term hereof, Tenant shall keep maintain in effect policies of casualty insurance covering (i) all of its machineryimprovements in, equipmenton or to the Premises (including any Building Standard furnishings, furnitureand any alterations, additions or improvements as may be made by Tenant), and (ii) trade fixtures, leasehold improvements merchandise and other personal property under the care, custody, or control of Tenant and business interests which may be located from time to time in, upon, on or about upon the Premises insured for the benefit of Tenant Premises. Such policies shall include coverage in an amount equal to not less than one hundred percent (100%) of the full insurable value thereof on a actual replacement cost basis thereof from time to time during the term of this Lease. Such policies shall provide protection against loss or damage by fire any peril included within the classification "Fire and such other risk or risks of a similar or dissimilar nature as are nowExtended Coverage", or may in the future be, customarily covered under so-called “all risk” fire against vandalism and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalismmalicious mischief, theft, malicious mischiefsprinkler leakage, civil commotionearthquake sprinkler leakage, and against flood damage (and including cost of demolition and debris removal). Replacement cost for purposes hereof shall be determined by an accredited appraiser selected by Landlord or otherwise by mutual agreement. The proceeds of such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases be used for the repair or replacement of liability the property so insured. Upon termination of this Lease following a casualty as provided herein and/or waiver of subrogation clause as set forth in Article 18, the proceeds under item (ii), above, shall be paid to LandlordTenant. Tenant hereby waives and releases all claimsAdditionally, liabilities and causes of action against upon such termination, the proceeds under item (i), above, shall be divided between Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Tenant based upon their proportionate contributions to the cost of the machineryinitial improvements to the Premises, equipment, furniture, fixtures, leasehold improvements and other property, whether provided that of Tenant or of others in, upon or about (a) in no event shall Landlord be paid less than the Premises resulting from fire, explosion or unamortized amount (based on a straight-line amortization over the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful actsinitial Term) of Landlord, its agents or employees's initial contribution to such improvements, and (b) in no event shall Tenant agrees to look to be paid more than the insurance coverage only in unamortized amount (based on a straight-line amortization over the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful actsinitial Term) of Tenant's initial contribution to such improvements. If Tenant fails to deliver to Landlord, its agents or employeeswithin sixty (60) days after the substantial completion of such initial improvements, and evidence reasonably satisfactory to Landlord agrees to look of Tenant's contribution to the insurance coverage only in the event cost thereof, Tenant shall have no right to receive any amount of such lossproceeds. 17.3.

Casualty Insurance. a. Tenant (1) Landlord shall keep at all of its machinerytimes during the Term, equipmentcarry, furnitureas a Project Expense, fixturesa "Special Forms and Extended Perils" property insurance policy insuring the Project, leasehold improvements and other property under including the careFab I Building, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire or other casualty (namely, the perils against which insurance is afforded by the standard fire insurance policy and such other risk extended coverage endorsement) for the full replacement cost thereof; provided, however, that Landlord shall not be obligated to insure against any loss or risks damage to personal property (including, but not limited to, any furniture, machinery, equipment, goods or supplies) of a similar Tenant or dissimilar nature as are nowwhich Tenant may have on the Premises or any trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may have constructed within the Premises. Such policy shall provide coverage against physical loss, or may in damage and theft and the future be, customarily covered under so-called “all risk” perils of fire and extended coverage insurancecoverage, including, but without limiting the generality of the foregoinglimitation, windstorms, hail, explosionstheft, vandalism, theft, malicious mischief, civil commotionexplosion, collapse and underground hazards, sprinkler leakage, water damage, storms, subsidence, sinkhole collapse, landslide, and debris removal. Such property insurance must be from insurance companies rated at least A:X in the latest Best's Insurance Guide. Upon request, Landlord shall furnish to Tenant a certificate evidencing the existence of such other insurance coverage and endorsements to such coverage. If changes to Tenant's use or operation on the Premises, or any alterations or improvements made by Tenant pursuant to the provisions of Section 10(c) hereof result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Project, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as Tenant may deem appropriate or necessaryadditional rent after being billed therefor. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as If changes to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss 's use or damage tooperation within Project, or destruction ofany alterations or improvements made by Landlord (and not on Tenant's behalf) result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Project, any then the cost of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included such increase in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused premiums shall be borne by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event said increase shall be excluded from Project Expenses for purposes of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such lossthis Lease.

Casualty Insurance. a. Tenant shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for For the benefit of Tenant the landlord and any mortgagee, tenant shall, at its sole expense, keep all improvements on the premises insured, with a responsible insurance company or companies “A-VII” rated or better by A.M. Best rating agency duly admitted to do business in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Kentucky, against loss or damage by fire and such other risk or risks hazards and risks, casualties, and contingencies whether of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurancenature, including, but without limiting limitation, extended coverage hazards, earthquake, and boiler explosions or contraction, as shall be customarily covered with respect to improvements similar in construction, general location, use, and occupancy to the generality improvements for the uses permitted by section V(A) of this lease, in an amount equal to not less than 100% of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessaryreplacement cost of the improvements located upon the premises. Tenant agrees that such policy or shall make available to landlord via online portal copies of any policies of insurance (including, without limitation, evidence of insurance certificates) required of tenant under section XI(A) and article XXII. All policies of insurance provided for in section XI(A) and article XXII shall permit releases include landlord as an additional insured via a blanket additional insured endorsement. The terms and conditions set forth in sections XXII (C) through (G) of liability this lease are incorporated by reference in this section XI(A). (B) Damage to improvements on premises If the premises is partially damaged or destroyed by fire, explosion, or any other casualty, tenant shall diligently commence and continue, at the sole expense of tenant, repairs to the premises required to be covered by tenant's insurance hereunder and regardless of whether tenant has maintained such insurance in effect, and tenant, at its sole expense, shall thereafter diligently continue its repair obligations to completion, until the premises has been restored to substantially the same condition as existed before such damage. The proceeds of any insurance provided herein for in section XI(A) shall be applied to the cost of such repair and/or waiver of subrogation clause reconstruction, and tenant shall complete such repair or reconstruction obligations as to Landlordpromptly as practicable. Tenant hereby waives and releases all claims, liabilities and causes shall have the right to carry business interruption or other similar insurance. There shall be no abatement of action against Landlord and its agents, servants and employees for loss or rent on account of such partial damage to, or destruction of, any or during such period of repair or reconstruction and this lease shall continue in full force and effect. If the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that above-referenced repairs as reasonably estimated by landlord cannot be completed within one hundred eighty (180) days after the occurrence of Tenant such casualty or of others in, upon if the premises is substantially damaged or about the Premises resulting from destroyed by fire, explosion or any other casualty, such that the other perils included in standard extended coverage insurance notwithstanding that such losspremises is rendered wholly untenantable during the last year of the term, claim, expense or damage tenant may have been caused by the negligence terminate this lease upon thirty (but not gross negligence or willful acts30) of Landlord, its agents or employeesdays prior written notice to landlord, and Tenant agrees to look neither party shall have any further obligations or liabilities to the other, except for those obligations or liabilities which survive the expiration or earlier termination of this lease. Provided however, in such event, all casualty insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look proceeds with respect to the insurance coverage only in premises shall go to landlord and/or landlord’s mortgagee fee and clear of any claim by tenant (exclusive of any proceeds used by tenant for removal of debris from the event of such losssite).

Casualty Insurance. a. Tenant (a) If the Premises or any common areas of the Property providing access thereto shall keep all be damaged by fire or other casualty, and except as otherwise provided in this Article 10, Landlord shall restore the same to the Base Building improvements, but in no event shall Landlord be obligated to expend any sums in excess of its machineryinsurance proceeds available to Landlord or which should have been available if Landlord was adequately insured pursuant to Article 11 (e) of this Lease. Such restoration shall be to substantially the condition prior to the casualty, except for modifications required by zoning and building codes and other Laws or by any Mortgagee or Ground Lessor, any other modifications to the common areas deemed reasonably desirable by Landlord and except that Landlord shall not be required to repair or replace any of Tenant's furniture, furnishings, fixtures or equipment, furnitureor any alterations or improvements, fixtures, leasehold improvements and other property under the care, custody, additions or control of Tenant and business interests which may be located in, upon, alterations made by or about the Premises insured for the benefit on behalf of Tenant in an amount equal the Premises, including improvements performed by Tenant or Landlord pursuant to one hundred percent the Workletter, if any. Landlord shall not be liable for any inconvenience or annoyance to Tenant or its visitors, or injury to Tenant's business resulting in any way from such damage or the repair thereof. However, Landlord shall allow Tenant a proportionate abatement of Rent during the time and to the extent the Premises are unfit for occupancy for the purposes permitted under this Lease and not occupied by Tenant as a result thereof (100%unless Tenant or its employees or agents caused the damage). Notwithstanding anything contained in this Article 10 to the contrary, Landlord may elect to terminate this Lease by notifying Tenant in writing of such termination within sixty (60) days after the date of damage (such termination notice to include a termination date providing at least ninety (90) days for Tenant to vacate the Premises), if the Property shall be materially damaged by Tenant or its employees or agents, or if the Property shall be damaged by fire or other casualty or cause such that: (i) repairs to the Premises and access thereto or to the Building cannot reasonably be completed within 120 days after the casualty without the payment of overtime or other premiums, (ii) more than 25% of the full insurable value thereof on a replacement cost basis against loss or damage Premises is affected by fire the damage, and such other risk or risks of a similar or dissimilar nature as are nowfewer than 24 months remain in the Term, or may in any material damage occurs to the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting Premises during the generality last 12 months of the foregoingTerm, windstorms(iii) any Mortgagee or Ground Lessor shall require that the insurance proceeds or any portion thereof be used to retire the Mortgage debt (or shall terminate the Ground Lease, hailas the case may be), explosionsor the damage is not fully covered by Landlord's insurance policies, vandalismor (iv) the cost of the repairs, theftalterations, malicious mischiefrestoration or improvement work would exceed 25% of the replacement value of the Building, civil commotion, and or the nature of such other coverage as Tenant may deem appropriate or work would make termination of this Lease necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as Landlord's obligation to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employeesrestore, and Tenant agrees to look to the insurance coverage only abatement of Rent provided herein, shall be Tenant's sole recourse in the event of such loss. Landlord hereby damage, and waives and releases all claims, liabilities and causes any other rights Tenant may have under any applicable Law to terminate the Lease by reason of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of to the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in Property. In the event of termination of this Lease pursuant to this Article 10, Rent shall be apportioned on a per diem basis and be paid to the date of termination. Tenant acknowledges that this Article represents the entire agreement between the parties respecting damage to the Premises or Property. In the event of damage to the Premises or to the Building which Landlord is obligated to or elects to repair pursuant to this Article, if Landlord shall not have commenced such lossrepairs within one hundred eighty (180) days of the date of the casualty or, once commenced, Landlord fails to restore the Premises (to a state whereby Tenant can commence its work) within twelve (12) months, Tenant may elect to terminate this Lease upon thirty (30) days prior written notice to Landlord.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant's Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant's operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy Which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. Tenant Landlord covenants and agrees to obtain and keep in full force and effect during the Lease Term Casualty Insurance as hereinafter defined. "Casualty Insurance" shall keep all of its machinerymean fire and extended coverage insurance with respect to the Property, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss of all Improvements, with coinsurance clauses of no less than 80%, and with coverage, at Landlord's option, by endorsement or damage by fire otherwise, for all risks, vandalism and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotionsprinkler leakage, boilers, and such other coverage rental loss, and with a deductible in an amount for each occurrence as Landlord, in its sole discretion, may determine from time to time. Casualty Insurance obtained by Landlord need not name Tenant as an insured party and may, at Landlord's option, name any mortgagee or holder of a deed of trust as an insured party as its interest may deem appropriate or necessaryappear. Tenant covenants and agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and pay its agents, servants and employees for loss or damage to, or destruction of, any Pro Rata Share of the machinerycost of Casualty Insurance obtained by Landlord as Additional Rent, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look payable pursuant to the insurance coverage only in the event of such lossprovisions hereinabove for Monthly Deposits. Landlord hereby waives and releases all claimsTENANT SHALL BE RESPONSIBLE FOR OBTAINING, liabilities and causes of action against Tenant and its agentsAT TENANT'S OPTION, servants and employees for loss or damage toCOST AND EXPENSE, or destruction of all or a portion of the Premises resulting from fireINSURANCE COVERAGE FOR THE PROPERTY OF TENANT LOCATED WITHIN THE DEMISED PREMISES AND FOR BUSINESS INTERRUPTION OF TENANT. LANDLORD AND TENANT HEREBY GRANT TO EACH OTHER ON THEIR OWN BEHALF AND ON BEHALF OF ANY INSURER PROVIDING FIRE AND EXTENDED COVERAGE TO EITHER OF THEM COVERING THE IMPROVEMENTS, explosion or other perils included in standard extended coverage insurance notwithstanding that such lossTHE DEMISED PREMISES, claimOR CONTENTS THEREOF, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of TenantA WAIVER OF ANY CLAIM OF EITHER AGAINST THE OTHER AND A WAIVER OF ANY RIGHT OF SUBROGATION WHICH ANY SUCH INSURER OF ONE PARTY MAY ACQUIRE AGAINST THE OTHER BY VIRTUE OF A CASUALTY COVERED BY SUCH INSURANCE OR BY VIRTUE OF PAYMENT OF LOSS UNDER ANY SUCH INSURANCE. NEITHER PARTY, its agents or employeesNOR ANYONE CLAIMING UNDER THEM BY WAY OF SUBROGATION OR OTHERWISE, and Landlord agrees to look to the insurance coverage only in the event of such lossSHALL HAVE ANY INTEREST IN THE PROCEEDS OF INSURANCE RECEIVED BY THE OTHER PARTY.

Casualty Insurance. a. Tenant shall Ground Lessee will keep the Premises, and all Improvements thereon, insured in the name of its machineryGround Lessor and Ground Lessee (as their interests may appear with each as a named insured, equipmentadditional insured or loss payee, furnitureas applicable, fixtures, leasehold improvements and other property under to provide each with the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%best position) of the full insurable value thereof on a replacement cost basis against loss or damage by fire fire, windstorm and such other risk or risks of a similar or dissimilar nature hazards, casualties and contingencies which are covered by what is commonly referred to as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage or “Causes of Loss Special Form” insurance, including, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage contingencies, “additional coverage” and types of casualty as Tenant Ground Lessor or its lender may deem appropriate or necessaryrequire. Tenant agrees that such policy or policies of Unless otherwise specified by Ground Lessor, all insurance required hereunder shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees be for loss or damage to, or destruction of, any 100% of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion full replacement cost of the Premises resulting from firewith a deductible amount not to exceed $50,000.00. Each policy of casualty insurance shall (a) provide that any loss shall be payable in accordance with the terms of such policy notwithstanding any act or negligence of Ground Lessee which might otherwise result in forfeiture of said insurance, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused (c) contain a waiver by the negligence insurer of all rights of setoff, counterclaim or deduction against Ground Lessor, (but not gross negligence or willful actsd) of Tenant, its agents or employeesinclude an agreed amount endorsement and a replacement cost endorsement, and Landlord agrees (e) include a broad form boiler and machinery endorsement if any fired pressure vessels or piping or machinery of 10 or more horsepower is located on the Land. The insurance required to look be carried by Ground Lessee under this Section shall be evidenced by a certificate of insurance (issued on XXXXX 28 or equivalent form) from Ground Lessee’s insurer, authorized agent or broker. Upon request, Ground Lessee shall name the holder of any mortgage on the Premises pursuant to a standard mortgagee, additional insured or loss payee clause as such holder shall elect with respect to the foregoing property insurance, provided such holder agrees with Ground Lessee in writing to disburse such insurance coverage only proceeds to Tenant for, and periodically during the course of, repair and restoration of the Improvements as set forth in this Lease. Any such insurance proceeds not required for the event repair and restoration of such lossthe Premises shall belong to Ground Lessor.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall at all of its machinerytimes during the Term carry, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in as an amount equal to one hundred percent (100%) Operating Expense of the full insurable value thereof on Project, a replacement cost basis policy of insurance which insures the Project, including the Premises, against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceendorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant’s operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 5(a) hereof or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 11(c) hereof are substantially different from the Tenant Improvements described in Exhibit ”C” and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Project, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as additional rent after being billed therefore. Tenant agrees that shall at all times during the Term, carry, at its own expense, property insurance covering its personal property, trade fixtures installed by or paid for by Tenant or any additional improvements which Tenant may construct on the Premises which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.

Casualty Insurance. a. Tenant Landlord shall keep be responsible for insuring and shall, at all of its machinerytimes during the Term, equipment, furniture, fixtures, leasehold improvements and other property under the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in carry as an amount equal to one hundred percent (100%) Operating Expense of the full insurable value thereof on Building a replacement cost basis policy of insurance which insures the Building, including the Premises, against loss or damage by fire and such or other risk or risks of a similar or dissimilar nature as are nowcasualty (namely, or may in the future be, customarily covered under so-called “all risk” perils against which insurance is afforded by the standard fire insurance policy and extended coverage insuranceand endorsement); provided, however, that Landlord shall not be responsible for, and shall not be obligated to insure against, any loss or damage to personal property (including, but without limiting the generality not limited to, any furniture, machinery, equipment, goods or supplies) of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant or which Tenant may deem appropriate have on the Premises or necessaryany trade fixtures installed by or paid for by Tenant on the Premises or any additional improvements which Tenant may construct on the Premises. If Tenant’s operation or the Tenant Finish Improvements installed by Landlord pursuant to the provisions of Paragraph 5 hereof or any alterations or improvements made by Tenant pursuant to the provisions of Paragraph 10(c) hereof are substantially different from the Tenant Improvements described in Exhibit “D” and result in an increase in the premiums charged during the Term on the casualty insurance carried by Landlord on the Building, then the cost of such increase in insurance premiums shall be borne by Tenant, who shall reimburse Landlord for the same as Additional Rent after being billed therefore. Tenant agrees that shall, at all times during the Term, carry at its own expense property insurance covering its personal property, trade fixtures installed by or paid for by Tenant, or any additional improvements which Tenant may construct on the Premises, which coverage shall be no less than eighty percent (80%) of replacement value. Tenant shall also carry business interruption insurance on such policy or policies of insurance terms as shall permit releases of liability as provided herein and/or waiver of subrogation clause as be reasonably satisfactory to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against shall furnish Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding with a certificate evidencing that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, coverages are in full force and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losseffect.

Casualty Insurance. a. Tenant Landlord shall keep maintain standard fire and extended coverage insurance on the Project (excluding leasehold improvements) and on all of its machineryBuilding standard leasehold improvements, equipment, furniture, fixtures, leasehold improvements and other property under in the care, custody, or control of Tenant and business interests which may be located in, upon, or about the Premises insured for the benefit of Tenant in an amount equal to not less than one hundred percent (100%) of the their full insurable value thereof on replacement cost. Said insurance shall be issued by and binding upon an insurance company authorized to do business in Texas with a replacement cost basis against loss or damage by fire Best's rating of not less than A-, XI, in amounts which are reasonable and such other risk or risks customary for landlords of a similar or dissimilar nature as are now, or may first-class office projects in the future beGreenway Plaza and Galleria areas, customarily covered under so-called “all risk” and at the expense of Landlord (but with the same to be included in the Operating Expenses, subject to any limitations set forth in Section 2.4) and payments for losses thereunder shall be made solely to Landlord. Tenant shall maintain at its expense standard fire and extended coverage insurance(including water damage and sprinkler leakage) insurance on all of its personal property, includingincluding removable trade fixtures, but without limiting located in the generality Leased Premises and on its non-Building standard leasehold improvements and all other additions and improvements (including fixtures) made by Tenant and not required to be insured by Landlord above, in the amount not less than one hundred percent (100%) of the foregoingtheir full replacement cost. Said insurance shall be issued by and binding upon an insurance company authorized to do business in Texas with a Best's rating of not less than A-, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotionXI, and such other coverage as Tenant may deem appropriate provide that contemporaneous notice of cancellation or necessary. Tenant agrees that such policy or policies of insurance nonrenewal shall permit releases of liability as provided herein and/or waiver of subrogation clause as be given to Landlord. Said insurance shall name Landlord as additional insured Tenant hereby waives and releases all claimsshall provide Landlord a certificate of such insurance prior to the Commencement Date. If the annual premiums to be paid by Landlord shall exceed the standard rates because of Tenant's operations or contents within the Leased Premises or because the improvements to the Leased Premises are above Building standard, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any Tenant shall promptly pay the excess amount of the machinerypremiums upon request by Landlord (and, equipmentif necessary, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage Landlord may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to allocate the insurance coverage only in costs of the event of such lossProject to give effect to this sentence). Landlord hereby waives acknowledges and releases all claimsagrees that Tenants current operations, liabilities contents and causes improvements within the Leased Premises do not require the payment by Landlord of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage an additional insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, and Landlord agrees to look to the insurance coverage only in the event of such losspremium.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, upon, or about insuring the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Building against loss or damage by fire or other insurable hazards and such other risk or risks of a similar or dissimilar nature contingencies as are now, or may covered in a standard “all risks” property insurance policy for the full replacement cost thereof (including the Tenant Improvements in the future beLeased Premises and excluding footings, customarily covered under so-called “all risk” fire foundations and extended underground installations), subject to such deductibles as Landlord or its mortgagee shall from time to time require; provided, that Landlord shall not be obligated to insure any Tenant’s Property that Tenant may keep or maintain in the Leased Premises. The replacement cost insurance policy for the Tenant Improvements in the Leased Premises shall be based on coverage insurance, including, but without limiting the generality amounts of which Tenant from time to time notifies Landlord (with such supporting information as may be reasonably requested by Landlord’s insurer to support such coverage amounts) as Tenant’s estimate of the foregoingreplacement cost thereof (or such higher amounts as Landlord may from time to time estimate for the replacement cost of the Tenant Improvements), windstormsit being understood that the actual insurance proceeds for an insured claim shall be based on the replacement cost of the damaged Tenant Improvements in accordance with the terms and conditions of such replacement cost insurance policy. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate operations results in extra-hazardous exposure or necessary. Tenant agrees that such policy or policies because the level of insurance shall permit releases of liability as for Tenant Improvements hereunder exceeds the level generally provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against by Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only tenants’ premises in the event Building, then Tenant shall, within thirty (30) days after receipt of appropriate premium invoices, reimburse Landlord for such lossincreases in premium as Additional Rent. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) Upon request of Tenant, its agents or employees, and Landlord agrees to look to shall provide reasonable evidence that the insurance coverage only required to be maintained hereunder is in the event of such lossfull force and effect.

Casualty Insurance. a. Tenant Landlord shall keep all of its machinery, equipment, furniture, fixtures, leasehold improvements and other property under the care, custodymaintain, or control cause to be maintained, a policy or policies of Tenant insurance with the premiums thereon fully paid in advance, issued by and business interests which may be located inbinding upon an insurance company of good financial standing, uponinsuring the Building and the Project Common Areas against loss or damage by fire or other insurable hazards and contingencies as are covered in the usual standard extended coverage endorsement or all-risks endorsement, or about the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis against loss or damage by fire of the Building and such other risk or risks for ninety percent (90%) of the replacement cost of the Project Common Areas (excluding, however, the foundation and footings of the Building and a similar or dissimilar nature as are nowreasonable deductible); provided, that Landlord shall not be obligated to insure any of Tenant’s Personal Property, or may any Tenant Improvements in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, including, but without limiting the generality excess of the foregoingBuilding Standard Improvements. If the annual premiums charged Landlord for such casualty insurance exceed the standard premium rates because the nature of Tenant’s operations results in extra-hazardous exposure, windstormsthen Tenant shall, hailupon receipt of appropriate premium invoices, explosions, vandalism, theft, malicious mischief, civil commotionreimburse Landlord for such increases in premium as Additional Rent. Landlord agrees that any such costs incurred by Landlord in connection with other tenants of the Building shall not be included as an Operating Cost, and such other coverage as Tenant may deem appropriate or necessaryshall not be charged to Tenant. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant hereby waives and releases all claims, liabilities and causes of action against Landlord and its agents, servants and employees for loss or damage to, or destruction of, any of Upon the machinery, equipment, furniture, fixtures, leasehold improvements and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only in the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion of the Premises resulting from fire, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) request of Tenant, its agents Landlord shall provide Tenant with a certificate of such insurance. Any such insurance may be maintained by Landlord under blanket policy or employeespolicies; provided, and Landlord agrees to look however, that the minimum amount of the total insurance afforded by such blanket policy Which shall be allocated to the insurance coverage only in Building and the event Project Common Areas and any sublimits of such losspolicy allocable to the Building and the Project Common Areas, shall be in amounts which shall not be less than the amounts of insurance required hereunder and the protection afforded Landlord under such policy shall be not less than that which would have been afforded under a separate policy relating only to the Building and the Project Common Areas and the certificate evidencing such insurance shall contain provisions confirming the foregoing.

Casualty Insurance. a. Tenant 14.a Lessor shall keep at all times during the term of this Lease, at its machineryexpense, equipment, furniture, fixtures, leasehold improvements and other property under maintain a policy or policies of insurance with premiums paid in advance issued by an insurance company licensed to do business in the care, custody, or control State of Tenant and business interests which may be located in, upon, or about Minnesota insuring the Premises insured for the benefit of Tenant in an amount equal to one hundred percent (100%) of the full insurable value thereof on a replacement cost basis Building against loss or damage by fire fire, explosion or other insurance hazards and such other risk contingencies for the full replacement value, provided that Lessor shall not be obligated to insure any furniture, equipment, machinery, goods or risks supplies not covered by this Lease which Lessee may bring upon the Demised Premises or any additional improvements which Lessee may construct or install on the Demised Premises. b. Lessee shall not carry any stock of a similar goods or dissimilar nature as are nowdo anything in or about the Demised Premises which will in any way impair or invalidate the obligation of the insurer under any policy of insurance required by this Lease. x. Xxxxxx hereby waives and releases all claims, liability and causes of action against Lessee and its agents, servants and employees for loss or damage to, or may destruction of, the Premises or any portion thereof, including the buildings and other improvements situated thereon, resulting from fire, explosion and other perils included in the future be, customarily covered under so-called “all risk” fire and standard extended coverage insurance, includingwhether caused by the negligence of any of said persons or otherwise. Likewise, but without limiting the generality of the foregoing, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessary. Tenant agrees that such policy or policies of insurance shall permit releases of liability as provided herein and/or waiver of subrogation clause as to Landlord. Tenant Lessee hereby waives and releases all claims, liabilities and causes of action against Landlord Lessor and its agents, servants and employees for loss or damage to, or destruction of, any of the machineryimprovements, fixtures, equipment, furnituresupplies, fixtures, leasehold improvements merchandise and other property, whether that of Tenant Lessee or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that such lossinsurance, claim, expense or damage may have been whether caused by the negligence (but of any of said persons or otherwise. The waiver shall remain in force whether or not gross negligence or willful acts) the Lessee's insurer shall consent thereto. d. In the event that the use of Landlordthe Demised Premises by Lessee increases the premium rate for insurance carried by Lessor on the improvements of which the Demised Premises are a part, its agents or employeesLessee shall pay Lessor, and Tenant agrees to look upon demand, the amount of such premium increase. If Lessee installs any electrical equipment that overloads the power lines to the insurance coverage only in building or its wiring, Lessee shall, at its own expense, make whatever changes are necessary to comply with the event of such loss. Landlord hereby waives and releases all claims, liabilities and causes of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a portion requirements of the Premises resulting from fireinsurance underwriter, explosion or other perils included in standard extended coverage insurance notwithstanding that such loss, claim, expense or damage may have been caused by the negligence (but not gross negligence or willful acts) of Tenant, its agents or employees, rating bureau and Landlord agrees to look to the insurance coverage only in the event of such lossgovernmental authorities having jurisdiction.

Casualty Insurance. a. Tenant The Trustor shall keep all of its machineryany Improvements constructed on the Land and Personalty thereon insured against loss by fire casualty, equipmentand such other hazards and contingencies, furnitureincluding but not limited to lightning, fixtureshail, leasehold improvements windstorm, explosion, malicious mischief and vandalism, as are covered by extended coverage policies in effect in the area where the Land is located and such other property under the care, custody, or control of Tenant and business interests which risks as may be located inreasonably specified by the Beneficiary from time to time, upon, or about the Premises insured all for the benefit of Tenant the Beneficiary; provided that, during any period of construction, restoration or reconstruction of the Improvements, the Trustor shall provide in lieu of such insurance, builders' risk or a similar type of insurance in the amount of the full replacement cost of the Improvements and the equipment. Such insurance shall be written on policy forms and by Lloyds of London or an insurance company lawfully operating in the jurisdiction in which the Real Property is located with a rating of "A-" or better according to A.M. Best Co. Insurance Guide and reasonably satisfactory to the Beneficiary, shall be in an amount equal to one hundred percent (100%) the lesser of the outstanding principal balance of the Obligations or the full insurable value thereof on a replacement cost basis against loss or damage by fire of any such Improvements and such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered under so-called “all risk” fire and extended coverage insurance, includingPersonalty, but without limiting in any event shall be in an amount sufficient to prevent co-insurance liability, shall name the generality of Beneficiary as a mortgagee and sole loss payee and shall be endorsed such that the foregoinglosses thereunder shall be payable to the Beneficiary and not to the Trustor and the Beneficiary or the Trustees, windstorms, hail, explosions, vandalism, theft, malicious mischief, civil commotion, and such other coverage as Tenant may deem appropriate or necessaryjointly. Tenant agrees that such The policy or policies of such insurance shall permit releases of liability as provided herein and/or include a replacement cost or restoration endorsement and a waiver of subrogation clause as endorsement reasonably satisfactory to Landlordthe Beneficiary. Tenant hereby waives and releases all claimsOriginal certificates or at Beneficiary's request, liabilities and causes of action against Landlord and its agentsoriginals or certified true copies, servants and employees for loss or damage to, or destruction of, any of the machinerypolicy or policies of such insurance and all renewals thereof shall be delivered to and retained by the Beneficiary, equipmentand the Trustor shall provide the Beneficiary with receipts evidencing the payment of all premiums due on such policies and the renewals thereof on or prior to the renewal or expiration date thereof. All policies required hereby shall provide and shall bear an endorsement that the insurer shall endeavor to notify Beneficiary not less than ten (10) days prior to any cancellation, furnituretermination, fixturesendorsement or material amendment (i.e. reduction in coverage). The Trustor shall give the Beneficiary prompt notice of any loss covered by such insurance, leasehold improvements and, the Beneficiary shall have the right to adjust and other property, whether that of Tenant or of others in, upon or about the Premises resulting from fire, explosion or the other perils included in standard extended coverage insurance notwithstanding that compromise such loss, claimto collect, expense receive and receipt the proceeds of insurance for such loss and to endorse the Trustor's name upon any check in payment thereof and, for such purposes the Trustor hereby constitutes and appoints the Beneficiary as its attorney in fact with the power of attorney granted hereby deemed to be coupled with an interest and irrevocable. All monies received as payment for a loss covered by an insurance policy shall be paid over to the Beneficiary, as its interests may appear. The Beneficiary shall, after deducting the reasonable expenses incurred in the collection of the proceeds of any insurance, make the remainder of such proceeds available to the Trustor for the payment of charges or damage may have been caused expenses actually incurred by the negligence (but not gross negligence or willful acts) of Landlord, its agents or employees, and Tenant agrees to look to the insurance coverage only Trustor in the event restoration, reconstruction, repair, renovation or replacement of such loss. Landlord hereby waives the affected Improvements and releases all claimsPersonalty, liabilities provided that: (i) the Beneficiary has approved the plans and causes specifications for the repair or restoration of action against Tenant and its agents, servants and employees for loss or damage to, or destruction of all or a the damaged portion of the Premises resulting from fireImprovements and Personalty, explosion the contract for such repair or other perils included in standard extended coverage insurance notwithstanding restoration and the contractor that such losswill perform the same, claim, expense (ii) the Trustor has deposited with the Beneficiary (or damage may have been caused if permitted by the negligence Beneficiary, has made provision satisfactory to the Beneficiary for the payment of) any amounts required for such repair or restoration which exceed the available insurance proceeds, (but not gross negligence iii) no Event of Default, or willful actsevent that with the passage of time would constitute an Event of Default, has occurred and is continuing under the Loan Documents, (iv) the repair or restoration of Tenant, its agents or employeesthe Improvements and Personalty reasonably can be completed before the maturity date of the Loan, and Landlord agrees (v) the tenants will continue to look to pay rent without abatement (or the proceeds of business interruption insurance coverage only will be adequate in the event Beneficiary's judgment to offset any such abatement of rent), otherwise, such lossproceeds shall be applied in payment of the Obligations.