Common use of Fire and Extended Coverage Insurance Clause in Contracts

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject agrees to reimbursement from Tenant as provided keep in Section 4 hereof, for force policies of fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering insurance which shall insure the Building against such perils or loss as Landlord may deem appropriate including vandalism and any permanently affixed alterations or improvements thereto other than Tenant’s personal propertymalicious mischief, trade fixtures and equipment (all of which shall be insured by Tenant), in an amount equal to at least eighty one hundred percent (80100%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and the improvements installed by the Landlord. Pursuant to Paragraph 4 Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused is obligated to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount it's proportionate share of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demandcosts. Tenant shall agrees to maintain and pay for keep in force, at its expense and throughout the term hereof, insurance against fire and such other risks as are from time-to-time included in standard extended coverage endorsements including vandalism and malicious mischief, insuring Tenant's stock-in-trade, trade fixtures, furniture, furnishings, floor and wall coverings, special equipment and all other items of personal property of Tenant located on or within the Premises and all such other improvements as are made by the Tenant to the Premises. Landlord and Tenant hereby mutually release and discharge the other from loss or damage to the described Premises or the contents, including any improvements and betterments located in or on the described Premises, to the extent such loss or damage is insured by the described fire and extended coverage insurance. Both Landlord and Tenant agree to furnish the other a certificate of insurance evidencing the required fire and extended coverage insurance on its contents in and giving the Premisescertificate holder thirty (30) days notice of intent to cancel, including trade non-renew or amend such insurance. If Tenant elects to satisfy this condition by self insuring, it may do so provided it provides Landlord and Landlord's insurance agent with (1) documentation establishing values of Tenant installed fixtures, furnishings, equipment, machinery, merchandise inventory and process equipment or other personal property belonging material used in Tenant's operation; (2) provide Landlord with financial statements and other information evidencing Tenant's financial ability to or in maintain the custody Premises and contents as self insured and (3) that Landlord's attorney shall prepare an agreement regarding subrogation of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded claims in the event Landlord procured insurance from of a third-party insurercasualty loss of Tenant's fixtures, furnishings and/or inventory.

Fire and Extended Coverage Insurance. Each party shall, if possible, during the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall maintain obtain such insurance covering both Landlord’s Facility and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal propertyFacility, trade fixtures and equipment Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (all of which shall be insured by Tenant), for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at least eighty the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (80100%) of the replacement cost thereof Except for of the Tenant’s use Facility. Landlord shall, upon receipt of materials used such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in the ordinary course excess of Tenant’s business which use will proportionate share. Tenant’s portion of such premiums shall be in strict compliance the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with all applicable laws respect to its respective Facility only, and regulationsLandlord fails to obtain or to maintain insurance for both Facilities, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for obtain such insurance and if Landlord shall demand that immediately be indebted to Tenant remedy the condition which caused any such increase in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance premium rateshall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall remedy such condition within twenty not be cancelable by the insurance carriers without thirty (2030) days after receipt of such demand. Tenant shall maintain prior written notice to Landlord and pay for all fire and extended coverage insurance on its contents the Leasehold Mortgagee in the Premisescase of Tenant’s policy, including trade fixtures, equipment, machinery, merchandise or other personal property belonging and to or Tenant and the Leasehold Mortgagee in the custody case of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpolicy.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, pay for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous extrahazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall first furnish procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to Landlord copies any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal dateany type. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand, provided that if the nature of such condition is such that it cannot be cured in five (5) days, Tenant shall have a reasonable time beyond such five (5) day period (not to exceed an additional thirty (30) days) to effect such remedy. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance (XXXXX 28 only) evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord throughout the term of this Lease shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, pay for fire and casualty special form “"all risk” " insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty ninety five percent (8095%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Landlord shall have no liability to Tenant for any direct or indirect loss of earnings or other expense due to any casualty or cause, including, but not limited to, vandalism and theft, and Tenant may insure against the same if Tenant elects to do so. Throughout the term Landlord agrees to carry a flood insurance policy for the Building and to cover damages to the Building and/or such of Tenant's contents in the Building as Tenant has listed on a schedule delivered to Landlord at the commencement of the Term, which shall be conclusive as to such covered contents unless Tenant updates such schedule every two years. Tenant and Landlord shall first furnish to Landlord each other copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and ------------------------------------ pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “"all risk” " insurance, with extended coverage (including boiler and machinery coverage), covering the structural components of the Building (i.e. these items identified as Landlord's Work on Exhibit C --------- attached hereto) and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), the Common Areas equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous extrahazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy or commence to remedy such condition within twenty five (205) days after receipt of such demanddemand and diligently proceed to cure same if such condition cannot reasonably be remedied within five (5) days. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-third- party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous extrahazardous on account of fire and Tenant shall not use the Premises, Premises or the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Inviteesits agent(s), contractor(s), employee(s), invitee(s), licensee(s), servant(s), subcontractor(s) or subtenant(s) the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, equivalent of ISO Special Form Property Insurance covering the personal property (including trade fixtures, equipmentleasehold improvements, machinery, merchandise or merchandise, equipment and other personal property belonging to or in the custody of Tenant) located in the Premises, providing protection to the extent of one hundred percent (100%) of the replacement cost of such property, less a commercially reasonable deductible, not to exceed $25,000.00, and such other property insurance against such other perils and in such amounts as Landlord may from time to time reasonably require upon not less than ninety (90) days’ prior written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of properties similar to the Building in the area of the city where the Building is located. Tenant further agrees that such insurance shall include extra expense coverage and Business Interruption coverage in an amount sufficient to cover the Annual Rental and other sums payable under this Lease for a period of twelve (12) months commencing with the date of loss. Each such policy of insurance shall be with company(ies) admitted to do business in the state in which the Premises is located and with a Best Rating of not less than A-IX and naming as additional insured the Landlord. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein All policies required of Tenant hereunder shall contain a provision whereby the insurer is not allowed to cancel or change materially the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent coverage without first giving thirty (30) days’ written notice to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including all trade fixtures, equipment, machinery, merchandise or other personal property located in the Premises and belonging to to, or in the custody of, Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of Tenantany type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance (XXXXX 28 only) evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and (but not any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be furniture, fixtures, equipment, personal property or other removable property or any Alterations or any other improvements in strict compliance with all applicable laws the Premises, and regulationsexcluding costs for excavation, foundation, footings and other items typically excluded from similar policies carried by owners of Comparable Buildings) in amounts not less than the Building’s full replacement cost. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire (it being expressly acknowledged and agreed that office use shall not, without more, be deemed extra hazardous on account of fire pursuant to the terms of this Section 10(a)) and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereofthereof (it being expressly acknowledged and agreed that Tenant’s use of the Premises for office use shall not, without more, be deemed to cause an increase in the premium rate for any insurance in effect on the Building or a part thereof pursuant to the terms of this Section 10(a)). If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including Tenant Improvements and on all trade fixtures, equipment, machinery, merchandise or other personal property located in the Premises and belonging to to, or in the custody of, Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of Tenantany type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the each applicable Premises Portion Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. The Landlord shall maintain agrees to carry policies insuring the improvements in the Shopping Center against such perils or loss, as the Landlord may deem appropriate (including, but without limitation, fire, vandalism, rent, boiler and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire sprinkler damage and casualty special form “all risk” insurance, with malicious mischief and such other perils covered by extended coverage (including boiler and machinery coverageendorsements), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all The Landlord's fire and extended coverage insurance on its contents policy shall be in an amount equal to the Premisesreplacement cost of such improvements and shall include Tenant’s Improvements (except any floor and wall coverings, including trade fixtures, furnishings, ceiling- hung chandeliers and other adornments, special equipment, machinery, merchandise or other and personal property belonging of the Tenant), whether the same have been paid for entirely or partially by the Tenant. The Tenant agrees to or pay to Landlord as a component of the Common Area Charge for that portion of the cost of said insurance, which shall be determined by multiplying the Landlord's total premium expense [excluding the amount thereof attributable to insuring the Common Areas for which provision has been made in Subsection 4(C.)(i)] by the custody of Tenant’s Prorata Share. Tenant shall first have no rights in said policy or policies maintained by the Landlord and shall not, by reason of such reimbursement, be entitled to be a named insured thereunder. The Tenant agrees (a) that the Tenant will furnish the Landlord within sixty (60) days after the Tenant opens for business within the Demised Premises a written certified statement of the actual cost incurred in making all the Tenant's Improvements in order to assist the Landlord in providing for adequate coverage thereof, and (b) that copies of the premium notices sent to the Landlord by its insurers for the policies carried by the Landlord under this Subsection 8(B.) shall be conclusive of the amount of the premiums to be apportioned as set forth above. Should the Tenant's certified statement of cost not be delivered to the Landlord within (15) days after the same shall be due, the Tenant shall become liable to the Landlord for and shall pay to the Landlord the sum of Ten and no/100 ($10.00) Dollars for each day thereafter until such certified statement is so delivered, the foregoing to be considered liquidated damages and to be in addition to any other remedies provided for herein. In addition to the foregoing, the Tenant agrees to carry, at its expense, insurance policies against fire and such other risks as are, from time to time, included in standard extended coverage endorsements, insuring (i) the Tenant's stock-in-trade, trade fixtures, furniture, furnishings, ceiling-hung chandeliers and other adornments, special equipment, floor and wall coverings and all other items of personal property of the Tenant located on or certificates of insurance evidencing within the required Demised Premises and (ii) alterations and improvements made by the Tenant pursuant to Section 9 hereof to the extent the same are not covered by the Landlord's fire and extended coverage prior insurance, such coverage to be in an amount equal to the replacement cost thereof. Prior to the Commencement Date of this Lease, the Tenant shall furnish the Landlord with a certificate evidencing such coverage. The Landlord agrees to cause a waiver of subrogation to be included in its policies of fire and thereafter prior to each policy renewal date. Notwithstanding anything herein extended coverage insurance, if obtainable from its insurers, and the Landlord hereby waives any right of recovery against the Tenant for losses to the contrary, Landlord reserves the right for itself, any affiliated entities extent covered by its policies of fire and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any extended coverage insurance; provided that such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerwaiver shall not void such policies nor prohibit recovery thereunder.

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, pay for fire and casualty special form “"all risk” " insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous extrahazardous on account of fire and Tenant shall not use the Premises, Premises or the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s 's Invitees, ,the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. So long as Tenant uses the Premises in compliance with the terms and conditions of this Lease, such operations will not cause an increase in Landlord's insurance premiums. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-third- party insurer.

Fire and Extended Coverage Insurance. Landlord shall maintain and paymaintain, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent one hundred (80100%) of the replacement cost thereof Except for Tenant’s use thereof. Additionally, Landlord shall keep in force during the term of materials used this Lease insurance in the ordinary course of Tenant’s business which use will be such amounts and coverages as Landlord deems appropriate from time to time, subject to reimbursement by Tenant as provided in strict compliance with all applicable laws and regulationsSection 4 hereof, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, done permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. Landlord shall In addition to the insurance which Tenant is required to maintain and paypursuant to this Lease, subject Tenant agrees to reimbursement pay directly to the appropriate insurer promptly upon receipt of invoices from Tenant as provided in Section 4 hereofsuch insurer the total premium to be paid for fire, for fire and casualty special form “all risk” insurance, with extended coverage and rental insurance (including boiler so-called "extended coverage and/or all risk endorsement") upon Landlord's buildings and machinery coverage), covering improvements in the Building and any permanently affixed alterations or improvements thereto other Complex. Landlord agrees to reimburse Tenant for that portion of the total premium paid by Tenant which bears the same ratio to the total premiums as the square feet area in the premises utilized by Optometric Eye Care Center, P.A. bears to the total square feet of leasable space in the Building Complex. The amount of fire insurance to be maintained by Tenant shall not be less than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty ninety percent (8090%) and not more than one hundred percent (100%) of the replacement cost thereof Except for Tenant’s use value of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws Landlord's buildings and regulations, Tenant shall not do or cause to be done or permit on the Premises or improvements in the Building anything deemed extra hazardous Complex as such value may exist from time to time. Tenant will xxxx the Landlord annually for its proportionate share accompanied by copies of the appropriate bills and Landlord will remit within ten (10) days to Landlord. Landlord agrees to permit Tenant to be named as an additional insured on account any such insurance policy. Tenant agrees that it will not keep, use sell or offer for sale in or upon the Premises any article which may be prohibited by the standard form of fire and insurance policy. Tenant shall not use the Premises, the Building or the Common Areas in agrees to pay any manner which will cause an increase in the premium rate premiums for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance that may be charged during the term of this Lease on its contents the amount of such insurance which may be carried by Landlord on said Premises or the building of which they are a part, resulting from the type of merchandise sold by Tenant in the Premises, including trade fixtures, equipment, machinery, merchandise whether or other personal property belonging not Landlord has consented to or in the custody same. In determining whether increased premiums are the result of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as 's use of the date hereofPremiums, to self-insure against any risk required hereunder to a schedule, issued by the organization making the insurance rate on the Premises, showing the various components of such rate, shall be insured or otherwise assumed by Landlord so long as any such program conclusive evidence of self-the several items and charges which make up the fire insurance affords rate on the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerPremiums.