Common use of Policy Requirements Clause in Contracts

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating Financial Strength Rating of “A-” and a financial rating Financial Size Rating of “VIIVIII” or higher in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBBA-” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice Notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property and liability insurance policies when issued by the insurers providing such coverage. Notwithstanding the foregoing, Tenant may procure any of the policies required under this Article XIII from MGMM Insurance Company or any other captive insurance company that is an Affiliate of Tenant’s Parent regardless of the fact that such insurer is not “rated” as otherwise required under this Section 13.4; provided, that (i) Landlord has been provided (and continues to be provided annually and as otherwise reasonably requested by Landlord) with the applicable captive insurance company’s most recent financial statements and actuarial report, a list of such captive insurance company’s reinsurers and their subscribed amounts and such other information regarding the applicable captive insurance company as is reasonably requested by Landlord, (ii) Landlord has approved the use of such captive insurer, such approval not to be unreasonably withheld; provided, however, that Landlord’s consent shall not be required to the extent that such captive insurance company reinsures all of its exposures (including, for the avoidance of doubt, any such exposures that relate to properties other than the Facilities), other than with respect to terrorism risks (which shall be subject to the final two sentences of this Section 13.4), with insurers meeting the requirements of this Section 13.4. Notwithstanding the foregoing, Landlord shall be deemed to have approved the use of a captive insurance company for terrorism risk coverage that is not reinsured by other insurance companies to the extent consistent with Tenant’s terrorism risk insurance program in effect as of the Commencement Date. Any material increase in the level of un-reinsured terrorism risk shall require the consent of Landlord, which consent shall not be unreasonably withheld.

Policy Requirements. All of the policies of Each insurer must be licensed to do business in each state where a Site is located and, except for NFIP approved flood insurance referred to in this Article XIII shall carriers, must be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued rated A-:VIII or better by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide. Each Policy Document shall name Lender and its successors and/or assigns, and affiliates, as their interests may appear, as additional insureds and as mortgagee and loss payee, as applicable, and shall state Borrower’s correct address and list Borrower as the named insured. Each Policy shall (i) provide that the Policy will not be terminated, cancelled or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains substantially modified without at least 30 days’ prior written notice to Lender (10 days for non-payment) and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage be written for a period of at least three 12 consecutive months; (3ii) years beyond include a waiver of subrogation by the expiration insurer as to claims against Lender, its employees, agents, and affiliates and provide that such Policy cannot be cancelled or suspended on account of the Termconduct of Borrower, its affiliates, or any of their respective officers, directors, employees, or agents; (biii) be written on an extended reporting period “occurrence” basis and provide that all coverage under such Policy is primary, that any “no other insurance” clause in such Policy excludes policies of at least three insurance maintained by Lender or its affiliates, and that such Policy will not be brought into contribution with any insurance maintained by Lender or its affiliates; (3iv) years beyond contain a standard without contribution mortgagee clause endorsement in favor of Lender, its successors, assigns, and affiliates, as their interests may appear; and (v) include an agreement by the expiration insurer that any loss will be payable in accordance with the terms of the TermPolicy notwithstanding any act or neglect of Borrower, anyone acting for Borrower, or any tenant or other occupant of a Site. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, At least 30 days prior to the expiration of the existing policy)each Policy, and in the event Borrower shall furnish Lender written evidence that such Policy has been renewed or replaced by delivering to Lender a copy of the failure of Tenant either replacement Policy or other documentation reasonably satisfactory to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees Lender evidencing that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageis in full force and effect.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-9 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord, Each policy shall name Landlord and Landlord's lender as additional insureds, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant's occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor"binders" thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 11.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of the policies Each policy of insurance referred to required herein shall (a) be in this Article XIII shall be written in a form reasonably and with a company satisfactory to Landlord that is authorized to do business in Massachusetts and any Facility Mortgagee and issued by insurance companies with having a minimum policyholder rating so-called A.M. Best Rating of “A-” “ or better; (b) name Landlord additional insured; (c) provide that it shall not be altered or canceled, terminated or modified by the insurer without giving Landlord thirty (30) days prior written notice; and (d) provide that any act or negligence of Tenant or Landlord shall not prejudice the rights of Landlord as a financial rating party insured under said policy, notwithstanding the fact that Landlord has agreed that the proceeds of “VII” such insurance shall be used in the most recent version restoration or rebuilding of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentthe Premises. If Tenant obtains and maintains the The commercial general liability insurance described policy shall be endorsed specifically to recognize and insure the indemnification provision appearing in Section 13.1(e) above on a “claims made” basis7.4 of this Lease. Simultaneously with the execution of this Lease, Tenant shall submit evidence of insurance required by Section 7.1(d) and when the same shall become applicable, evidence of such other insurance as required by this Article 7, to Landlord, and Tenant shall deliver to Landlord not less than ten (10) days prior to the expiration of any then-current policy, evidence of renewal or replacement of such policy in replacement thereof. Upon request, Tenant shall deliver copies of such insurance policies to Landlord. Tenant acknowledges that the minimum insurance limits and types established herein may become inadequate during the Term and the Tenant agrees that it shall provide continuous liability coverage for claims arising such increased limits or types of insurance to levels that Landlord may reasonably and in a non-discriminatory manner require during the Term. In the event Tenant carries limits of insurance higher than those required under the terms of this Lease, such “claims made” basis policy higher limits shall be applicable to Landlord in addition to Tenant. If Tenant shall fail to perform any of its obligations under this Article, then in addition to any other right or remedy of Landlord, Landlord may perform the same and the cost thereof shall be payable as Additional Rent. In the defense of any claim, demand, expense or liability which is canceled to be covered under insurance policies by Tenant as described in this Lease (even if such claim, demand, expense or not renewed for any reason whatsoever (liability is groundless, false or converted to an “occurrence” basis policyfraudulent), Tenant agrees on its own behalf and shall either obtain (a) “tail” insurance coverage converting cause its insurers to agree, not to waive any defense involving in any way the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration jurisdiction of the Term, or (b) an extended reporting period of at least three (3) years beyond tribunal over the expiration person of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times requiredimmunity of Landlord, Landlord shall be entitledits members, but shall have no obligationofficers, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable termsagents or employees, the agreement governmental nature of each insurer, by endorsement on Landlord or the policy or policies issued by it, or by independent instrument furnished to provisions of any statutes respecting suits against Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in without obtaining express advance permission from the case Chief Legal Counsel of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All Borrower shall obtain all required insurance, or cause all required insurance to be obtained, from insurers authorized to do business in the state where the Property and Improvements are located with an “A-:X” or better financial strength rating by AM Best (except as provided otherwise with respect to Liberty in Section 5.1(g) above, Administrative Agent may in its discretion permit Borrower to maintain required insurance policies with insurance companies which do not meet the foregoing requirements (an “otherwise rated insurer”), provided Borrower obtains a so-called “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to any otherwise rated insurer from an insurance company which meets the claims paying ability ratings required above. Administrative Agent may (but have no obligation to), at its sole discretion, accept insurers that do not meet the minimum requirements stated herein. Required insurance shall contain such provisions as Administrative Agent reasonably deems necessary or desirable to protect its interest, including endorsements stating that neither Borrower, Administrative Agent nor any other party shall be deemed a coinsurer. Borrower shall pay the insurance premiums, or cause all insurance premiums to be paid, for all required insurance when due and payable. Borrower shall not finance or permit the refinancing of insurance premiums under any arrangement that could (if any premium loan payment is not made) result in the premature cancellation of any required insurance. Borrower shall deliver to Administrative Agent, promptly after request therefor, certificates of insurance evidencing all required insurance. Before any policy expires (time being of the policies essence), the Borrower shall deliver evidence of insurance referred to renewal in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies compliance with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentLoan Documents. If Tenant obtains and at any time Administrative Agent has not timely received satisfactory written evidence that Borrower maintains or has caused to be maintained all required insurance, then without limiting Administrative Agent’s rights or remedies hereunder or under any of the general liability insurance described in Section 13.1(e) above on a “claims made” basisother Loan Documents, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event if such “claims made” basis policy evidence is canceled or not renewed for any reason whatsoever (or converted delivered to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least Administrative Agent within three (3) years beyond the expiration Business Days after notice of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof such failure to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to timely deliver such certificates thereof to Landlordrequired evidence of insurance, at the times required, Landlord shall be entitled, Administrative Agent may (but shall have absolutely no obligation, to effect obligation to) obtain such insurance and pay the premiums premium therefor, and the Borrower shall, on demand, reimburse Administrative Agent, for all expenses incurred in which event connection therewith. Such amounts shall bear interest at the Alternate Rate from the date such cost thereof, or expense was incurred through the date of payment to Administrative Agent; any such amounts together with interest thereon calculated at the Overdue Rate, Alternate Rate shall be repayable deemed to Landlord constitute a portion of the indebtedness owing to Lenders hereunder and be secured by the liens, claims and security interests provided to Administrative Agent under the Loan Documents and shall be immediately due and payable upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageAdministrative Agent.

Policy Requirements. All of the policies of insurance referred (the “Policies”) required pursuant to Section 7.1.1 will (i) be issued by companies approved by Lender and licensed to do business in this Article XIII shall the State, with a rating of A/X or better in the current Best’s Insurance Reports, (ii) name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance), (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the Person to which all payments made by such insurance company will be paid, (iv) contain a waiver of subrogation against Lender, (v) be assigned and the originals thereof delivered to Lender, (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that neither Borrower, Lender nor any other party will be a co-insurer under the Policies, (B) that Lender will receive at least 30 days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums, (vii) in the event any insurance policy (except for general public and other liability and worker’s compensation insurance) will contain breach of warranty provisions, such policy will provide that with respect to the interest of Lender, such insurance policy will not be invalidated by and will insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents, and (viii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower will pay the premiums for such Policies (the “Insurance Premiums”) prior to or upon the closing of the Loan and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender under this Agreement) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentLender. If Tenant obtains Borrower does not furnish such evidence and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of receipts at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, 30 days prior to the expiration of the existing policy)any expiring Policy, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitledthen Lender may, but shall have no obligationwill not be obligated to, to effect procure such insurance and pay the premiums Insurance Premiums therefor, in which event and Borrower will reimburse Lender for the cost thereofof such Insurance Premiums promptly on demand, together with interest thereon accruing at the Overdue Interest Rate, shall be repayable . Borrower will deliver to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement Lender a certified copy of each insurerPolicy within 30 days after its effective date. Within 30 days after request by Lender, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it Borrower will give to Landlord thirty (30) days’ (or ten (10) days’ obtain such increases in the case amounts of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant hereunder as may be provided under one or more policies with various deductibles or self-insurance retentions reasonably requested by Tenant or its AffiliatesLender, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxtaking into consideration changes in the value of money over time, Tenant shall provide Landlord copies of changes in liability laws, changes in prudent customs and practices, and the property insurance policies when issued by the insurers providing such coveragelike.

Policy Requirements. All of the policies of insurance referred to provided for in this Article XIII Section 8.2 shall (a) be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with that have a minimum policyholder general policyholder’s rating of not less than “A-A” and a financial rating of “VII” not less than Class VIII as rated in the most recent version of current available “Best’s Key Rating GuideInsurance Reports”, and that have been admitted or qualified to do business in the state where the Center is located by the insurance commission or other highest board, body or official responsible for overseeing the insurance business in such state, (b) name Landlord, Landlord’s Manager, all Mortgagees and such other individuals or entities as Landlord may from time-to-time designate, as “additional insureds”, and (c) not contain a minimum rating of “BBB” from Standard & Poordeductible, nor be subject to a self-insured retention, in an amount greater than Five Thousand Dollars ($5,000.00). Tenant’s or equivalent. If Tenant obtains and maintains the general liability insurance described policy as required in Section 13.1(e) above on a “claims made” basis, 8.2.1 shall contain cross-liability endorsements. Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy)Landlord, Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three ten (310) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord days prior to their effective date the Delivery Date and thereafter thirty (and with respect to any renewal policy, 30) days prior to the expiration of any such policies, binders of all insurance to evidence insurance procured by Tenant as required hereunder (together with certified copies of all insurance policies). All binders and policies of insurance delivered to Landlord shall contain an agreement by the existing policy)company issuing said policy to give Landlord twenty (20) days’ advance written notice of any cancellation, lapse, nonrenewal, reduction or other adverse change respecting such insurance. All commercial general liability insurance, property damage or other casualty policies shall be written as primary policies, not contributory with or secondary to coverage that Landlord may carry. If, at any time during the Term, Tenant fails to obtain and in maintain any insurance which Tenant is required to obtain and maintain under this Lease or to timely provide Landlord with originals or binders of insurance, Landlord shall have the event of right (but not the failure of Tenant either obligation) to effect procure such insurance in the names herein called for or to and Tenant shall pay the premiums therefor, or to deliver such certificates thereof to Landlord, at promptly on demand, the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance costs and pay the premiums therefor, in which event the cost thereof, expenses thereof together with interest thereon at the Overdue Rate, shall be repayable to Agreed Rate from the date Landlord upon demand first made any expenditures therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or All insurance policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained carried by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlordhereunder shall insure Tenant’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies performance of the property indemnity provisions of this Lease, but the amount of insurance policies when issued by the insurers providing such coverageshall not limit Tenant’s liability or relieve Tenant of any obligation hereunder.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e13.1(d) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Notwithstanding the foregoing, it is agreed that a captive insurer may issue insurance policies to meet the requirements under Section 13.1, provided that (i) such captive insurer is fully reinsured by insurers or reinsurers with a rating of “A- VIII” or better in the most recent version of Best’s Key Rating and Tenant furnishes evidence of such reinsurance upon Landlord’s request and (ii) Tenant provides a copy of the audited financial statements of the captive insurer upon Landlord’s request. Tenant will have an actuarial study of the captive insurer performed each calendar year, which actuarial study shall be subject to Landlord’s reasonable approval. If the actuarial study recommends that the captive’s policyholder surplus be increased, then Tenant shall either provide the funding necessary to increase the captive’s policyholder surplus to the recommended level or provide alternative insurance to cover any recommended increase of the captive’s policyholder surplus. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice Notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary; provided however, Landlord acknowledges and agrees that the coverage if such endorsement cannot be obtained, then Tenant shall be required to be maintained by deliver Notice of any cancellation to Landlord promptly following Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies having obtained knowledge of the property insurance policies when issued by the insurers providing such coverage.cancellation (but in no event later than ten

Policy Requirements. All of the policies of insurance referred to in this Article XIII Section 13.1 shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-A” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide. Additionally, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration all of the Terminsurance referred to in subsections 13.1.1, or 13.1.2, 13.1.3, 13.1.4 and 13.1.5 shall be on an occurrence (brather than a claims-made) an extended reporting period of at least three (3) years beyond the expiration of the Termbasis. Tenant shall pay all of deliver the premiums thereforpolicies required under Section 13.1, and deliver or certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, shall deliver to Landlord’s reasonable satisfaction, evidence of renewal at least thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be materially altered, allowed to expire or cancelledcanceled. Notwithstanding Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the State of similar size and financial condition; provided, however, that in no event shall the deductibles for any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one medical professional liability policies or more general liability policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageexceed $25,000.00.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheldwithheld and which approval shall be deemed to have been granted unless a written response is delivered by Landlord to Tenant within the applicable Deemed Approval Period provided for in Section 35.2. Upon written request by XxxxxxxxLandlord, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the insurance policies of insurance referred to in this Article XIII shall be written taken out with companies acceptable to Landlord licensed and registered to operate in the State of Georgia and in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued Landlord. The insurance may be by blanket insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in policy or policies. Prior to the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisCommencement Date, Tenant shall provide continuous liability coverage for claims arising during deliver certificates evidencing the Terminsurance policies and any endorsement, rider, or renewal thereof, to Landlord. Certificates evidencing renewals shall be delivered to Landlord no later than fifteen (15) days after each renewal, as often as renewal occurs, and in no event less than fifteen (15) days prior to the date on which the policy would otherwise expire. All insurance policies shall require the insurer to notify Landlord and Landlord’s mortgagees in writing thirty (30) days prior to any material change, cancellation, or termination thereof. In the event that Tenant fails to take out or maintain any policy required by this Section 9 to be maintained by Tenant, such “claims made” basis policy is canceled failure shall be a defense to any claim asserted by Tenant against Landlord by reason of any loss sustained by Tenant that would have been covered by such policy, notwithstanding that such loss may have been proximately caused solely or partially by the negligence or willful misconduct of Landlord or any of Landlord’s Related Parties. If Tenant does not renewed for any reason whatsoever (or converted procure insurance as required, Landlord may, upon advance written notice to an “occurrence” basis policy)Tenant, Tenant shall either obtain (a) “tail” cause this insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. be issued and Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect premium for such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or within ten (10) days’ days of Landlord’s demand, plus interest at the past due rate provided for in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision Section 2.2 of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage Lease until repaid by Tenant. All policies of insurance required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions shall specifically make reference to the indemnifications by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide in favor of Landlord copies of the property insurance policies when issued by the insurers providing such coverageunder this Lease.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord Lessor and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide; provided, however, that Lessee may maintain commercial general liability insurance and medical professional liability insurance written by insurance companies with a policyholder rating of “A” and a financial rating of “VIII” in the most recent version of Best’s Key Rating Guide, or so long as Lessee at all times also maintains excess commercial general liability insurance and excess medical professional liability insurance with amounts not less than Three Million Dollars ($3,000,000.00) with respect to commercial general liability insurance and Three Million Dollars ($3,000,000.00) with respect to medical professional liability insurance, in each case written by insurance companies with a minimum policyholder rating of “BBBA-” from Standard & Poorand a financial rating of “X” in the most recent version of Best’s or equivalentKey Rating Guide. If Tenant obtains and maintains the general liability insurance described Additionally, except as otherwise provided in Section 13.1(e) above on a “claims made” basisthis Lease, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration all of the Term, or insurance referred to in this Article shall be on an occurrence (brather than a claims-made) an extended reporting period of at least three (3) years beyond the expiration of the Termbasis. Tenant Lessee shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord Lessor upon or prior to their effective date (and with respect to any renewal policy, at least ten (10) days prior to the expiration of the existing policy), and in the event of the failure of Tenant Lessee either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to LandlordLessor, at the times required, Landlord Lessor shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord Lessor upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to LandlordLessor, that it will give to Landlord Lessor thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelledcanceled. Notwithstanding any provision of this Article XIII to Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageState.

Policy Requirements. All of the policies of Each insurer must be licensed to do business in each state where a Site is located and, except for NFIP approved flood insurance referred to in this Article XIII shall carriers, must be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued rated A-:VIII or better by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide. Each Policy Document shall name Lender and its successors and/or assigns, and affiliates, as their interests may appear, as additional insureds and as mortgagee and loss payee, as applicable, and shall state Borrower’s correct address and list Borrower as the named insured. Each Policy shall (i) provide that the Policy will not be terminated, cancelled or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains substantially modified without at least 30 days’ prior written notice to Lender (10 days for non-payment) and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage be written for a period of at least three 12 consecutive months; (3ii) years beyond include a waiver of subrogation by the expiration insurer as to claims against Lender, its employees, agents, and affiliates and provide that such Policy cannot be cancelled or suspended on account of the Termconduct of Borrower, its affiliates, or any of their respective officers, directors, employees, or agents; (biii) be written on an extended reporting period “occurrence” basis and provide that all coverage under such Policy is primary, that any “no other insurance” clause in such Policy excludes policies of at least three insurance maintained by Lender or its affiliates, and that such Policy will not be brought into contribution with any insurance maintained by Lender or its affiliates; (3iv) years beyond contain a standard without contribution mortgagee clause endorsement in favor of Lender, its successors, assigns, and affiliates, as their interests may appear; and (v) include an agreement by the expiration insurer that any loss will be payable in accordance with the terms of the TermPolicy notwithstanding any act or neglect of Borrower, anyone acting for Borrower, or any tenant or other occupant of a Site. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, At least 30 days prior to the expiration of the existing policy)each Policy, and in the event Borrower shall furnish Lender written evidence that such Policy has been renewed or replaced by delivering to Lender a copy of the failure of Tenant either replacement Policy or other documentation reasonably satisfactory to effect such Lender evidencing that the required insurance is in the names full force and effect. Policy deductibles must be stated and may not exceed $25,000, unless otherwise provided herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums thereforas Lender, in which event the cost thereofits sole discretion, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ may agree in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragewriting.

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall be written with companies licensed to do business in form reasonably satisfactory to Landlord Nevada and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating "General Policyholder's Rating" of “A-” A- or better and a "financial rating rating" of “VII” VII or better in the most recent version edition of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever 's Insurance Guide (or converted similar rating service if such guide is no longer published). A certificate issued by the insurance carrier for each policy of insurance required to an “occurrence” basis be maintained by Tenant hereunder, and, upon request of Landlord, a copy of each such policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof be delivered to Landlord prior and all other additional insureds no later than ten (10) days after execution of this Lease and thereafter, as to their effective date policy renewals, within thirty (and with respect to any renewal policy, 30) days prior to the expiration of the existing terms of each such policy), and in the event . Each of the failure said certificates of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement each such policy of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant hereunder shall be from an insurer and in form and substance reasonably satisfactory to Landlord and shall expressly evidence insurance coverage as required by this Lease and shall contain an endorsement or provision requiring not less than thirty (30) days written notice to Landlord and all other additional insured prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in question (provided that such thirty (30) day period may be reduced to ten (10) days if the cause for cancellation of the insurance policy is Tenant's failure to pay the insurance premium). In addition to the foregoing certificates, Tenant shall at all times during the Term hereof furnish Landlord with a current certificate of worker's compensation coverage evidencing coverage at Nevada statutory limits. Each policy of insurance provided for in Section 14.2, shall contain an express waiver of any and all rights of subrogation thereunder whatsoever against Landlord, its officers, agents and employees. All policies to be maintained in this Article 14, shall be written as primary policies and not contributing with or in excess of the coverage, if any, which Landlord may carry. Any other provision contained in this Article 14 or elsewhere in this Lease notwithstanding, the amounts of all insurance required hereunder to be maintained by Tenant shall be not less than an amount sufficient to prevent Landlord from becoming a coinsurer. The limits of the public liability insurance required to be maintained by Tenant under this Lease shall in no way limit or diminish Tenant's liability under Article 16 hereof and such limits shall be subject to increase at any time and from time to time during the Term if Landlord, in the exercise of reasonable discretion, deems such an increase necessary for its adequate protection; provided, however, that (i) Landlord may not exercise its right under this sentence more frequently than one time in any calendar year; and (ii) Tenant shall not be required to increase its required insurance coverage if the increased coverage would be unreasonable in light of insurance requirements for similarly situated tenants in similar projects in Las Vegas, Nevada. Coverage required by this Article 14 may be provided under one by a blanket policy or more policies provided that the protection afforded pursuant to said policies with various deductibles respect to the Premises and the Hotel shall not be less than that which is required pursuant to the terms hereof for a separate policy or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragepolicies.

Policy Requirements. All of The company or companies writing any insurance which is required to take out and maintain or cause to be taken out or maintained pursuant to this Section 16 hereof, shall be with a company or companies licensed or admitted to do business in the state in which the Premises are located. Notwithstanding anything to the contrary contained herein, Tenant’s obligation to carry insurance may be satisfied by coverage under a so-called blanket policy or policies of insurance referred provided (i) that the Premises are covered, and (ii) the policy otherwise complies with the provisions of this Lease) and Tenant may self-insure, in its sole discretion. Landlord shall name Tenant and any lender of Tenant’s secured by Tenant’s interest in the Premises (or any improvements contained therein) of which Landlord has received notice as an additional insured on Landlord’s commercial general liability policy or policies required to in this Article XIII shall be written in form reasonably satisfactory to carried hereunder. Landlord and any Facility Mortgagee and issued lender of Landlord secured by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” Landlord’s interest in the most recent version Premises of Bestwhich Tenant has received notice shall be an additional insured on Tenant’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the commercial general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued required to be carried pursuant to this Lease, as respects insurable liabilities assumed by itTenant under this Lease. If obtainable, or each such policy shall also contain a provision by independent instrument furnished to Landlord, which the insurer agrees that it will give to Landlord such policy shall not be canceled except after thirty (30) days’ (or ten (10) days’ in the case written notice. A certificate of non-payment of premium) written notice before the policy or policies in question each such policy, shall be altereddeposited with Landlord by Tenant promptly upon commencement of Tenant’s obligation or Tenant’s contractors to procure the same. Additionally, allowed to expire or cancelled. Notwithstanding any provision Tenant and Landlord shall at all times during the Term and at least once annually provide each other with certificates evidencing the insurance required by this Section 16 of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions Lease. Where a policy obtained by Tenant or its AffiliatesLandlord pursuant to this Lease has a normal expiration date during the Term, subject written evidence of renewal shall be furnished to Landlord’s approval not Landlord or Tenant, as the case may be, five (5) days prior to be unreasonably withheldsuch expiration (unless replaced by another policy or policies). Upon written request With respect to the Premises, any liability insurance carried by Xxxxxxxx, Tenant shall provide be deemed primary to any liability insurance carried by Landlord, as respects insurable liabilities assumed by Tenant under this Lease. Any liability insurance carried by Landlord copies shall be deemed primary to any liability insurance carried by Tenant. Each of the Tenant and Landlord shall be named loss payees on any property damage insurance policies when issued carried by the insurers providing such coverageother party.

Policy Requirements. All insurance required of the policies of insurance referred to in Tenant under this Article XIII Lease shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with authorized to do business in the jurisdiction where the Building is located. Such companies shall ​ have a minimum policyholder rating of at least “A-A” and be assigned a financial rating size category of at least “Class XIV” as rated in most recent edition of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating ” for insurance companies. The insurance required of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in under Section 13.1(e19(a)(i) above on a “claims made” basis, hereof shall insure performance by Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or indemnity provisions of Section 18 hereof and shall contain an assumed contractual liability endorsement that refers expressly to this Lease. All insurance required of Tenant under this Lease shall: (bi) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, be written as primary policy coverage and deliver certificates thereof to Landlord prior to their effective date (and non-contributing with respect to any renewal policycoverage on which Landlord or any additional insured are an insured (it being understood and agreed that any insurance on which Landlord or any additional insured is an insured shall be excess insurance); (ii) name Landlord, prior to the expiration Landlord’s Rental Agent and any mortgagee of the existing policyBuilding, and any other applicable party whose name and address shall have been furnished to Tenant as additional insureds, as their respective interests may appear (except with respect to workers’ compensation insurance), and (iii) waive rights of subrogation in favor of Landlord and the event of the failure of Tenant either additional insureds, except with respect to effect such property insurance which is addressed in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord subparagraph (f) hereunder. Each policy shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by contain an endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord requiring thirty (30) days’ (written notice from the insurance company to Landlord before cancellation or ten (10) days’ any change in the case coverage, scope or amount of non-any policy. Each policy, or a certificate showing it is in effect, together with evidence of payment of premium) written notice before the policy or policies in question premiums, shall be altereddeposited with Landlord at the commencement of the Lease Term, allowed and renewal certificates or copies of renewal policies shall be delivered to expire or cancelled. Notwithstanding any provision of this Article XIII Landlord at least thirty (30) days prior to the contrary, Landlord acknowledges and agrees that the coverage expiration date of any policy. The deductible or self-insured retention amount required to be under any insurance policy maintained by Tenant may shall be provided under one or more policies with various deductibles or self-insurance retentions the sole responsibility of Tenant and not exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00), unless otherwise approved by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragein writing.

Policy Requirements. All of Borrower shall obtain all required insurance, or cause all required insurance to be obtained, from insurers authorized to do business in the state where the Property and Improvements are located with an “A-:VIII” or better financial strength rating by AM Best (except as provided otherwise with respect to Liberty in Section 5.1(h) above, Administrative Agent may in its discretion permit Borrower to maintain required insurance policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by with insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in which do not meet the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever foregoing requirements (or converted to an “occurrence” basis policyotherwise rated insurer”), Tenant shall either obtain provided Borrower obtains a so-called “cut-through” endorsement (athat is, an endorsement which permits recovery against the provider of such endorsement) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyotherwise rated insurer from an insurance company which meets the claims paying ability ratings required above. Administrative Agent may (but have no obligation to), prior at its sole discretion, accept insurers that do not meet the minimum requirements stated herein. Required insurance shall contain such provisions as Administrative Agent reasonably deems necessary or desirable to protect its interest, including language stating that neither Borrower, Administrative Agent nor any other party shall be deemed a coinsurer. Borrower shall pay the expiration insurance premiums, or cause all insurance premiums to be paid, for all required insurance when due and payable. Borrower shall not finance or permit the refinancing of insurance premiums under any arrangement that could (if any premium loan payment is not made) result in the premature cancellation of any required insurance. Borrower shall deliver to Administrative Agent, promptly after request therefor, certificates of insurance evidencing all required insurance. Before any policy expires (time being of the existing policyessence), and the Borrower shall deliver evidence of renewal in compliance with the event Loan Documents. If at any time Administrative Agent has not timely received satisfactory written evidence that Borrower maintains or has caused to be maintained all required insurance, then without limiting Administrative Agent’s rights or remedies hereunder or under any of the other Loan Documents, if such evidence is not delivered to Administrative Agent within five (5) Business Days after notice of such failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to timely deliver such certificates thereof to Landlordrequired evidence of insurance, at the times required, Landlord shall be entitled, Administrative Agent may (but shall have absolutely no obligation, to effect obligation to) obtain such insurance and pay the premiums premium therefor, and the Borrower shall, on demand, reimburse Administrative Agent, for all expenses incurred in which event connection therewith. Such amounts shall bear interest at the Alternate Rate from the date such cost thereof, or expense was incurred through the date of payment to Administrative Agent; any such amounts together with interest thereon calculated at the Overdue Rate, Alternate Rate shall be repayable deemed to Landlord constitute a portion of the indebtedness owing to Lenders hereunder and be secured by the liens, claims and security interests provided to Administrative Agent under the Loan Documents and shall be immediately due and payable upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageAdministrative Agent.

Policy Requirements. All of the policies of insurance referred (the “Policies”) required pursuant to Section 7.1.1 will (i) be issued by companies approved by Lender and licensed to do business in this Article XIII shall the State, with a rating of A/X or better in the current Best’s Insurance Reports, (ii) name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance), (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the Person to which all payments made by such insurance company will be paid, (iv) contain a waiver of subrogation against Lender, (v) be assigned and the originals thereof delivered to Lender, (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that neither Borrower, Lender nor any other party will be a co-insurer under the Policies, (B) that Lender will receive at least 30 days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums, (vii) in the event any insurance policy (except for general public and other liability and worker’s compensation insurance) will contain breach of warranty provisions, such policy will provide that with respect to the interest of Lender, such insurance policy will not be invalidated by and will insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents, and (viii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower will pay the premiums for such Policies (the “Insurance Premiums”) prior to or upon the closing of the Loan and furnish to Lender ​ LOAN AGREEMENT, PAGE 31 ​ ​ evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender under this Agreement) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentLender. If Tenant obtains Borrower does not furnish such evidence and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of receipts at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, 30 days prior to the expiration of the existing policy)any expiring Policy, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitledthen Lender may, but shall have no obligationwill not be obligated to, to effect procure such insurance and pay the premiums Insurance Premiums therefor, in which event and Borrower will reimburse Lender for the cost thereofof such Insurance Premiums promptly on demand, together with interest thereon accruing at the Overdue Interest Rate, shall be repayable . Borrower will deliver to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement Lender a certified copy of each insurerPolicy within 30 days after its effective date. Within 30 days after request by Lender, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it Borrower will give to Landlord thirty (30) days’ (or ten (10) days’ obtain such increases in the case amounts of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant hereunder as may be provided under one or more policies with various deductibles or self-insurance retentions reasonably requested by Tenant or its AffiliatesLender, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxtaking into consideration changes in the value of money over time, Tenant shall provide Landlord copies of changes in liability laws, changes in prudent customs and practices, and the property insurance policies when issued by the insurers providing such coveragelike.

Policy Requirements. All of the policies of insurance referred required to in be maintained by Tenant under this Article XIII Lease shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” authorized to do insurance business in the most recent version of state in which the Project is located and that are rated not less than A:X in Best’s Key Rating Insurance Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability All such insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain policies shall: (a) be written as primary policies, not excess or contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds and (b) be endorsed so as to include a waiver of subrogation in accordance with and to the full extent of Tenant’s waiver of claims with respect to Landlord and the other Landlord Parties as set forth in of this Lease. A certificate of insurance (or, at Landlord’s option, copies of the applicable policies) evidencing the insurance required under this Exhibit “tailF” insurance coverage converting shall be delivered to Landlord not less than thirty (30) days prior to the policies Commencement Date. No such policy shall be subject to “occurrence” basis policies providing coverage cancellation or modification without thirty (30) days prior written notice to Landlord and to any Holder of any Security Instrument designated by Landlord, and each such policy shall be endorsed to provide that the insurer thereunder shall provide Landlord with written notice of any failure by Tenant to pay any premium thereunder when due and such failure continues for a period of at least three ten (310) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Termbusiness days after such date. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to furnish Landlord prior to their effective date (and with a replacement certificate with respect to any renewal policy, insurance not less than ten (10) business days prior to the expiration of the existing current policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtainhave the right to provide the insurance required by this Exhibit “F” pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the extent available on commercially reasonable terms, Premises and the agreement of each insurer, Landlord as required by endorsement on the policy or policies issued by it, or by independent instrument furnished this Lease without regard to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided claims made under one or more such policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject respect to Landlord’s approval not to be unreasonably withheldother persons. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.Vantage Confidential and Proprietary EXHIBIT “G”

Policy Requirements. All of the policies of insurance referred required to in this Article XIII be carried by Tenant hereunder shall be written issued by responsible insurance companies, qualified to do business in form the State of Nevada and reasonably satisfactory acceptable to Landlord. Insurance companies rated A-9 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants. Each liability policy shall name Landlord as additional insured and each property insurance policy shall name Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(eLandlord's lender(s) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and as loss payee with respect to the Premises and all Tenant Alterations and copies of all policies, together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least five (5) days prior to Tenant's occupancy of any renewal policyportion of the Premises. No such policy shall be cancelable except after thirty (30) days written notice to Landlord. Tenant shall, at least thirty (30) days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor"binders" thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Article 9 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of Any company writing any insurance which Tenant is required to maintain or cause to be maintained pursuant to Sections 8.3 and 8.4 (all such insurance, as well as any other insurance carried by Tenant with regard to the policies of insurance Premises, shalt be referred to in this Article XIII as "Tenant's Insurance") shall at all times be a company with at least a Best's rating of B/VI and each such company shall be written licensed and qualified to do business in the State or Commonwealth in which the Premises are located. The form reasonably satisfactory of such Tenant's Insurance shall be subject to Landlord's approval (which approval shall not be unreasonably withheld). Tenant's Insurance may be carried under a blanket policy covering the Premises and any other of Tenant's locations. All policies evidencing Tenant's Insurance (other than any worker's compensation insurance) shall (i) specify Tenant and "owner(s) and its (or their) principals, beneficiaries, partners, officers, directors, employees, agents and mortgagee(s)" (and any other designees of Landlord as the interest of such designees shall appear) as additional insureds and (ii) contain endorsements that the insurer(s) will give to Landlord and its designees at least thirty (30) days' advance written notice of any Facility Mortgagee and issued change, cancellation, termination or lapse of said insurance. Any Tenant's Insurance covering the Leasehold Improvements against damage by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, fire or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant other casualty shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for that any reason whatsoever (or converted loss to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration any of the Term, or Leasehold Improvements exceeding One Hundred Thousand Dollars (b$100,000.00) an extended reporting period of at least three (3) years beyond the expiration of the Termshall be adjusted jointly with Landlord and Tenant and that Landlord shall be named as a loss payee. Tenant shall pay all of deliver to Landlord at least fifteen (15) days prior to the premiums therefortime Tenant's Insurance is first required to be carried by Tenant, and deliver certificates thereof to Landlord prior to their effective date upon renewals at least fifteen (and with respect to any renewal policy, 15) days prior to the expiration of the existing policy)term of any such insurance coverage, a certificate of insurance of all policies evidencing Tenant's Insurance. The limits of Tenant's Insurance shall in no event limit Tenant's liability under this Lease, at law or in equity. If Tenant fails to perform its obligations under this Article VIII, then Landlord may, but shalt not be required to, perform any such obligations on behalf of Tenant, after five (5) days' written notice to Tenant, and in add the event cost of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums thereforsame as Additional Rent, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available payable on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragedemand.

Policy Requirements. All of the policies of insurance referred required to in be maintained by Tenant under this Article XIII Lease shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” authorized to do insurance business in the most recent version of state in which the Project is located and that are rated not less than A:X in Best’s Key Rating Insurance Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability All such insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain policies shall: (a) be written as primary policies, not excess or contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds and (b) be endorsed so as to include a waiver of subrogation in accordance with and to the full extent of Tenant’s waiver of claims with respect to Landlord and the other Landlord Parties as set forth in of this Lease. A certificate of insurance (or, at Landlord’s option, copies of the applicable policies) evidencing the insurance required under this Exhibit “tailF” insurance coverage converting shall be delivered to Landlord not less than thirty (30) days prior to the policies Commencement Date. No such policy shall be subject to “occurrence” basis policies providing coverage cancellation or modification without thirty (30) days prior written notice to Landlord and to any Holder of any Security Instrument designated by Landlord, and each such policy shall be endorsed to provide that the insurer thereunder shall provide Landlord with written notice of any failure by Tenant to pay any premium thereunder when due and such failure continues for a period of at least three ten (310) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Termbusiness days after such date. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to furnish Landlord prior to their effective date (and with a replacement certificate with respect to any renewal policy, insurance not less than ten (10) business days prior to the expiration of the existing current policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtainhave the right to provide the insurance required by this Exhibit “F” pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the extent available on commercially reasonable terms, Premises and the agreement of each insurer, Landlord as required by endorsement on the policy or policies issued by it, or by independent instrument furnished this Lease without regard to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided claims made under one or more such policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject respect to Landlord’s approval not to be unreasonably withheldother persons. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.Vantage Confidential and Proprietary EXHIBIT “G” CALIFORNIA STATE LAW PROVISIONS

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall be written with companies licensed to do business in form reasonably satisfactory to Landlord Nevada and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating General Policyholder's Rating of “A-” A- or better and a financial rating of “VII” VIII or better in the most recent version edition of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever 's Insurance Guide (or converted similar rating service if such guide is no longer published). A certificate issued by the insurance carrier for each policy of insurance required to an “occurrence” basis policy), be maintained by Tenant hereunder together with a copy of each such policy and evidence of payment of all premiums shall either obtain (a) “tail” insurance coverage converting the policies be delivered to “occurrence” basis policies providing coverage for a period of Landlord and at least three fourteen (314) years beyond the expiration days prior to occupancy of the TermLeased Property and thereafter, or as to policy renewals, within thirty (b30) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing terms of each such policy), and in the event . Each of the failure said certificates of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement each such policy of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant may hereunder shall be provided under one from an insurer and in form and substance satisfactory to Landlord and shall expressly evidence insurance coverage as required by this Lease and shall contain an endorsement or more policies with various deductibles provision requiring not less than thirty (30) days written notice to Landlord and all other named assureds prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in question. Tenant shall ensure that any and all deductibles, self-insurance retentions by Tenant or its Affiliatesinsured retentions, policy exclusions and/or limiting conditions are fully disclosed to Landlord in writing on such certificates at the time of such delivery and each deductible, self-insured retention, exclusion and/or limiting condition shall be subject to Landlord’s approval not 's prior approval. In addition to be unreasonably withheld. Upon written request by Xxxxxxxxthe foregoing certificates, Tenant shall provide at all times during the term hereof furnish Landlord copies with a current certificate of the property insurance policies when issued by the insurers providing such worker's compensation coverage.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-1 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord. Each policy shall name Landlord and Landlord's lender as additional insured, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant's occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor, "binders" thereof or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 9.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of the policies of insurance referred to provided for in this Article XIII shall Section 7.C will (a) be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with that have a minimum policyholder general policyholder’s rating of not less than “A-” and a financial rating of “VII” not less than Class VIII as rated in the most recent version current available “Best's Insurance Reports”, and that have been admitted or qualified to do business in the State of Best’s Key Rating GuideNew Jersey, or be issued pursuant to participation in a minimum rating of “BBB” from Standard & Poor’s or equivalentjoint insurance fund, as provided in N.J.S.A. 40A:10-36 et. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisseq., Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) name Landlord, Landlord’s Manager, all Mortgagees and such other individuals or entities as Landlord may from time-to-time designate, as “additional insureds” on a primary basis, and (c) not contain a deductible, nor be subject to a self-insured retention, in an extended reporting period of amount greater than Five Thousand Dollars ($5,000.00), except as otherwise expressly set forth in this Lease. Tenant will provide to Landlord, at least three ten (310) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord days prior to their effective date the Delivery Date and thereafter thirty (and with respect to any renewal policy, 30) days prior to the expiration of any such policies, certificates of insurance to evidence insurance procured by Tenant as required hereunder. All commercial general liability insurance, property damage or other casualty policies will be written as primary policies, not contributory with or secondary to coverage that Landlord may carry. If, at any time during the existing policy)Term, Tenant fails to obtain and in maintain any insurance which Tenant is required to obtain and maintain under this Lease or to timely provide Landlord with certificates of insurance, Landlord will have the event of right (but not the failure of Tenant either obligation) to effect procure such insurance in the names herein called for or to and Tenant will pay the premiums therefor, or to deliver such certificates thereof to Landlord, at promptly on demand, the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance costs and pay the premiums therefor, in which event the cost thereof, expenses thereof together with interest thereon at the Overdue Rate, shall be repayable to Agreed Rate from the date Landlord upon demand first made any expenditures therefor. Tenant shall obtain, will deliver (or cause its insurance carrier to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give deliver) to Landlord thirty a certified copy of any insurance policy maintained by Tenant hereunder in connection with any applicable Claim within twenty (3020) days’ (or ten (10) days’ in the case of non-payment of premium) days after Landlord’s written notice before the policy or request therefor. All insurance policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained carried by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject pursuant to Landlordthis Lease will insure Tenant’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies performance of the property indemnity provisions of this Lease, but the amount of insurance policies when issued by the insurers providing such coveragewill not limit Tenant's liability or relieve Tenant of any obligation hereunder.

Policy Requirements. All of the policies of The insurance referred required to in be obtained by Tenant under this Article XIII Article: (a) shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by an insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” company qualified to do business in the most recent version State of New York, which is rated A-X or better by Best’s Key Rating Guide, and (b) shall be primary and not be concurrent in form or a contributing with any other coverage which Tenant or Landlord may carry. Neither the issuance of any insurance policy required under this Lease, nor the minimum rating limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under this Lease. The dollar amounts set forth in this Article shall be subject to review by Landlord from time to time during the term and may be increased by Landlord in accordance with the requirements imposed by landlords from time to time at First-Class Office Buildings; however, coverage shall not be more than that then required to be maintained by comparable tenants of “BBB” from Standard & Poor’s comparable properties in New York County. With respect to each insurance policy required to be obtained by Tenant under this Article, on or equivalent. If Tenant obtains and maintains before the general liability insurance described in Section 13.1(e) above on a “claims made” basisTerm Commencement Date, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date satisfactory evidence that such insurance is in effect and satisfies the requirements of this Article. By no later than ten (and with respect to any renewal policy, 10) days prior to the expiration of the existing any required policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide to Landlord copies reasonably satisfactory evidence of renewal or replacement of such insurance policy. Each insurance policy required to be carried hereunder by or on behalf of Tenant shall provide (and any certificate evidencing the existence of each such insurance policy shall certify) that such insurance policy shall not be canceled or modified unless Landlord shall have received twenty (20) days’ prior written notice of such cancellation or modification. Landlord shall have the right to require Tenant to obtain a certification from Tenant’s insurer of the property insurance policies when issued coverage afforded by the insurers providing such coverageany required policy.

Policy Requirements. All insurance required to be carried by Landlord or Tenant hereunder shall be issued by responsible insurance companies rated A:IX or better by Best's Insurance Reports, which may legally issue such a policy in the State of Minnesota. Certificates evidencing the policies existence and amounts of insurance referred policies required to in be carried by Tenant hereunder, or upon the prior request of Landlord, copies of such policies, shall be delivered to Landlord by Tenant at least ten (10) days prior to any Delivery Date. Landlord shall provide Tenant with certificates evidencing the insurance that Landlord is obligated to maintain under this Lease or upon the prior request of Tenant, copies of such policies. Each policy of insurance required to be maintained under this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant 19 shall provide continuous liability that it shall not be cancellable or subject to reduction of coverage for claims arising during or otherwise subject to modification except after thirty (30) days prior written notice to the Term. In the event such “claims made” basis policy is canceled parties named as insureds or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy)additional insureds, Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyLandlord's property insurance maintained under Section 19.1, to Tenant. Tenant shall, at least seven (7) days prior to the expiration of any policy, furnish Landlord with certificates of renewal or certificates of replacement policies which fully comply with the existing policy), and in the event requirements of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums thereforthis Lease, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to payable by Tenant upon demand. Landlord upon demand therefor. Tenant shall obtainshall, at least seven (7) days prior to the extent available on commercially reasonable termsexpiration of Landlord's property insurance maintained under Section 19.1, the agreement furnish Tenant with a certificate of each insurerrenewal or certificate of replacement policy. Any policy may be carried under so-called "blanket coverage" form of insurance policies, by endorsement on the provided any such blanket policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees specifically provides that the amount of insurance coverage required to hereunder shall in no way be maintained prejudiced by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued other losses covered by the insurers providing such coveragepolicy.

Policy Requirements. All of the Lessee’s policies of insurance referred to in this Article XIII shall be written as primary policy coverage and not contributing with, or in form excess of, any coverage which Lessor may carry, and all such policies shall name as additional insured parties (except for workers’ compensation insurance and business interruption insurance) Lessor, Lessor’s Lender(s) the Condominium Association and any other parties named by Lessor as having an interest in the Premises, as their respective interests may appear, and shall be reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the TermLessor. In the event such “claims made” basis policy is canceled or not renewed addition, said policies of insurance (except for any reason whatsoever workers’ compensation insurance) shall (or converted to an “occurrence” basis policy), Tenant shall either obtain (ai) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, provide that it will give to Landlord thirty (30) days’ (prior written notice of suspension, cancellation, termination, modification, non-renewal or ten (10) days’ lapse or material change of coverage shall be given to Lessor and that such insurance shall not be invalidated by any act or neglect of Lessor or Lessee or any owner of the Property, nor by any change in the case title or ownership of non-payment the Property, nor by occupation of premiumthe Premises for purposes more hazardous than are permitted by such policy, and (ii) written notice before not contain a provision relieving the policy insurer thereunder of liability for any loss by reason of the existence of other policies of insurance covering the Premises against the peril involved, whether collectible or not. The policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant Lessee pursuant to Section 14.1(a)(i) shall also include a contractual liability endorsement evidencing coverage of Lessee’s indemnification obligations set forth in Section 14.4. Lessee may be provided under one or more policies with various deductibles or not self-insure for any insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not coverage required to be unreasonably withheld. Upon written request obtained or carried by XxxxxxxxLessee under this Lease, Tenant shall provide Landlord copies of the property and any deductible amounts under any insurance policies when issued required hereunder shall not exceed $10,000. Lessee shall have the right to provide the insurance coverages of Section 14.1(a) in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Lessor as required by this Lease. Neither the insurers providing such issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Lessee’s insurance coverage, shall be deemed to limit or restrict in any way Lessee’s liability arising under or out of this Lease.

Policy Requirements. All Concurrent with the execution of this Lease, Lessee shall provide proof of insurance coverage required in Sections 6.01 and 6.02, herein, by providing a certificate(s) of Lessee's insurance coverage, a copy of the policies declarations page of each insurance referred policy, and a copy of all endorsement(s) applicable to the insurance required herein. The certificate(s) of insurance, or endorsement(s) attached thereto, shall provide that: (a) insurance coverage shall not be canceled, changed in this Article XIII coverage, or reduced in limits without at least thirty (30) days prior written notice to Lessor; (b) Lessor, and its agents, officers, servants, and employees are named as additional insureds; (c) the policy shall be written in form reasonably satisfactory to Landlord considered primary and non- contributory as regards any other insurance coverage Lessor may possess, including any self-insured retention or deductible Lessor may have, and any Facility Mortgagee other insurance coverage Lessor may possess shall be considered excess insurance only; (d) the limits of liability required therein are on an occurrence basis; and issued by insurance companies (e ) the policy shall be endorsed with a minimum policyholder rating severability of “A-” interest or cross-liability endorsement, providing that the coverage shall act for each insured and each additional insured, against whom a financial rating claim is or may be made in a manner as though a separate policy had been written for each insured or additional insured; however, nothing contained herein shall act to increase the limits of “VII” liability of the insurance company. Any deductibles must be declared in writing to and approved by Xxxxxx. At the most recent version option of Best’s Key Rating GuideLessor, either (a) Lessee shall reduce or eliminate such deductibles as respects Lessor; or (b) Lessee shall procure a minimum rating bond equal to the amount of “BBB” from Standard & Poor’s such deductibles or equivalentself-insured retentions guaranteeing payment of losses and related investigations, claims administration and defense expenses (including attorneys' fees, court costs and expert fees). If Tenant obtains the insurance coverage required herein is canceled, changed in coverage or reduced in limits, Lessee shall, within fifteen (15) days, but in no event later than the effective date of cancellation, change or reduction, provide to Lessor a certificate showing that insurance coverage has been reinstated or provided through another insurance company. Upon failure to provide such certificate, without further notice and maintains at its option, Lessor may, in addition to all its other remedies, procure insurance coverage at Lessee's expense whereupon Lessee promptly shall reimburse Lessor for such expense. The Lessor reserves the general liability right to modify its insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Termrequirements to reflect operational and market conditions. In the event such “claims made” basis policy is canceled or not renewed that Lessee shall at any time fail to provide Lessor with the insurance required herein, Lessor may immediately terminate this Lease. The limits of the Lessee’s insurance policies shall not, in any manner, be deemed as a limitation to the Lessee’s obligation to indemnify, protect, defend and hold harmless Lessor as specified in this Lease, except for the effect of any reason whatsoever (or converted to an “occurrence” basis policy), Tenant waiver of subrogation as provided below. The Lessee shall either obtain (a) “tail” procure and maintain insurance coverage converting the policies to “occurrence” basis policies providing coverage for from an insurance company or companies possessing a period financial strength rating of at least three (3) years beyond the expiration A- and a financial size category of the Term, VII or (b) higher from A.M. Best or an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageequivalent rating service.

Policy Requirements. All of insurance polices required to be procured by Tenant under this Lease (1) shall be issued by responsible insurance companies rated at least "A" by A.M. Best Company licensed to do business in the policies of insurance referred to jurisdiction in this Article XIII which the Building is located and shall have such form and content as shall be approved by Landlord (which approval shall not be unreasonably withheld); (ii) shall be written as primary policy coverage and not contributing with or in form reasonably excess of any coverage which Landlord may carry; and (iii) shall contain an express waiver of any right of subrogation by the insurance company against Landlord (See Addendum, Paragraph 11), its agents and employees. With respect to each and every one of the insurance polices required to be procured by Tenant under this paragraph, on or before the Lease Commencement Date, and at least thirty (30) days before the expiration of the expiring policies previously furnished, Tenant shall deliver to Landlord certified copies of each such policy or renewal thereof, as the case may be, together with evidence of payment of all applicable premiums. Any insurance required to be carried hereunder may be carried under a blanket policy covering the Demised Premises and other locations of Tenant, and if Tenant includes the Demised Premises in such blanket coverage, Tenant shall deliver to Landlord a duplicate original or certified copy of each such insurance policy or such other evidence that may be satisfactory to Landlord and the holder of any Facility Mortgagee first deed of trust on the Building. Each and issued every insurance policy required to be carried hereunder by insurance companies with a minimum policyholder rating or on behalf of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect that such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, policy shall not be cancelled unless Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty received fifteen (3015) days’ (or ten (10) days’ in the case of non-payment of premium) ' prior written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragecancellation.

Policy Requirements. All of the policies of insurance referred to in required under this Article XIII Lease shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with authorized to do business in the jurisdiction where the Building is located. Such companies shall have a minimum policyholder rating of at least “A-B+” and be assigned a financial rating size category of at least “VIIClass X” as rated in the most recent version edition of “Best’s Key Rating Guide, or a minimum ” for insurance companies. If at any time during the Lease Term the rating of “BBB” from Standard & Poorany of Tenant’s or equivalent. If Tenant obtains and maintains insurance carriers is reduced below the general liability insurance described in Section 13.1(e) above on a “claims made” basisrating required pursuant to the terms hereof, Tenant shall provide continuous liability coverage for claims arising during promptly replace the Terminsurance coverage(s) maintained with such carrier with coverage(s) from a carrier whose rating complies with the foregoing requirements. In If the event such “claims made” basis policy Best’s Key Rating Guide is canceled discontinued or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for revised without substitution of a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times requiredcomparable rating system, Landlord shall be entitled, but reasonably determine its satisfaction with the insurance company issuing Tenant’s policies. Each policy shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by contain an endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord requiring thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) days written notice from the insurance company to Landlord before the cancellation or any change decreasing coverage, scope or amount of such policy or policies and an endorsement naming Landlord and Landlord’s Agent as additional insureds. Certificates of insurance evidencing all coverages specified in question this Lease shall be altered, allowed furnished by Tenant and Tenants contractors to expire or cancelled. Notwithstanding any provision Landlord upon return of this Article XIII Lease, fully executed. Current active certificates of insurance shall be similarly submitted as required to document continuous coverage as specified herein. These certificates shall contain a provision that the insurance coverages afforded under the policies shall not be materially modified or cancelled until at least thirty (30) days prior written notice of intent to so modify or cancel had been delivered to Landlord. Certificates of insurance evidencing Commercial General Liability or Excess and Umbrella Liability, shall name Landlord and Landlord’s Agent as “Additional Insureds”. Certificates of insurance evidencing Property damage shall designate Landlord as “Loss Payee” as Landlord’s interest may appear. Tenants and contractors must each maintain separate liability coverage to the contraryfull minimum limits required. This total limit is arrived at by adding their primary, Landlord acknowledges umbrella, and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageexcess liability limits together.

Policy Requirements. All of the insurance policies of insurance referred to in this Article XIII shall must (a) be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by an insurance companies with company licensed to do business in the state where the Property is located having a minimum policyholder rating of “A-” and a financial rating of “VII” VIII or better by A.M. Best Co., in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of name “JPMorgan Chase Bank, N.A. and any and all subsidiaries and their successors and/or assigns as their interests may appear” as additional insured on all liability insurance and as mortgagee and loss payee on all All-Risk Property, flood insurance, earthquake insurance and rent loss or business interruption insurance (whether or not required hereunder), (c) be endorsed to show that Borrower’s insurance will be primary and all insurance carried by Lender is strictly excess and secondary and will not contribute with Borrower’s insurance, (d) provide that Lender is to receive at least three thirty (330) years beyond the expiration days written notice prior to non-renewal or cancellation, (e) be evidenced by a certificate of insurance to be provided to Lender along with a copy of the Term. Tenant shall pay all policy for All-Risk Property coverage or such other evidence of insurance acceptable to Lender in its reasonable discretion, (f) include either policy or binder numbers on the premiums thereforXXXXX form, and deliver certificates thereof (g) be in form and amounts acceptable to Landlord prior to their effective date (and Lender in its reasonable discretion; provided, however, that with respect to any renewal flood insurance required hereunder, acceptable proof of coverage will consist of a copy of the insurance policy, prior to the expiration declarations page of the existing policy), and in the event insurance policy or an application plus proof of the failure premium payment (with a copy of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by itdeclarations page provided to Lender within 30 days thereafter) and may not include XXXXX or other forms of certificates of insurance. Lender, or by independent instrument furnished at its option and upon notice to LandlordBorrower, may retain, at Xxxxxxxx’s expense, an insurance consultant to review the insurance for the Property to confirm that it will give to Landlord thirty (30) days’ (or ten (10) days’ in complies with the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges terms and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageconditions herein.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of the policies of insurance referred California and reasonably acceptable to in this Article XIII Landlord. Insurance companies rated A VII or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall be written on an "occurrence" basis and shall have a deductible or deductibles that do not exceed amounts reasonably determined by Landlord in form reasonably satisfactory its reasonable discretion. Each policy other than the policy of worker's compensation insurance shall name Landlord as additional insureds, and copies of all policies and endorsements thereto together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant (i) prior to Tenant's occupancy of any portion of the Premises, and (ii) at all time thereafter when and if there is any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” change whatsoever in the most recent version of Best’s Key Rating Guideeach policy. No such policy shall be cancelable except after thirty (30) days written notice to Landlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of any such policy, furnish Landlord with renewals or "binders" thereof. Should Tenant at any time neglect or refuse to provide the existing policy)insurance required by this Lease, and in the event of the failure of Tenant either to effect or should such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times requiredbe canceled, Landlord shall be entitledhave the right, but shall have no obligationnot the duty, to effect such insurance procure the same and Tenant shall pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord thereof as Additional Rent promptly upon demand thereforLandlord's demand. Tenant shall obtain, report to the extent available on commercially reasonable termsLandlord promptly and thereafter confirm in writing, the agreement occurrence of each insurerany injury, loss or damage incurred by endorsement on the policy or policies issued by itTenant, or Tenant's receipt of notice or knowledge of any claim by independent instrument furnished a third party or any occurrence that might give rise to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question such claims. It shall be altered, allowed the responsibility of Tenant not to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required violate nor knowingly permit to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies violated any condition of the property insurance policies when issued required by the insurers providing such coveragethis Lease.

Policy Requirements. (a) All insurance required to be carried by Subtenant hereunder shall be issued by responsible insurance companies, qualified to do business in the Commonwealth of the policies of insurance referred Pennsylvania and reasonably acceptable to in this Article XIII Sublandlord and Prime Landlord. Insurance companies rated A VII or better by Best’s Insurance Reports shall be deemed acceptable. (b) Each policy shall be written on an "occurrence" basis and shall have a deductible or deductibles, if any, which do not exceed the lesser of (i) $250,000.00 or (ii) the deductible amount(s) generally maintained by similarly situated tenants in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” class A, high-rise office buildings in the most recent version Central Business District of BestCenter City Philadelphia. Each policy, except workers’ compensation, shall name Sublandlord, Prime Landlord, Manager, and Prime Landlord’s Key Rating Guidelender and their respective members, or a minimum rating managers, partners, officers, directors, agents and employees as additional insureds, as their interests may appear. Certificates and additional insured endorsements evidencing the existence and amounts of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains such insurance shall be delivered to Sublandlord and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of Prime Landlord by Subtenant at least three thirty (330) years beyond the expiration days prior to Subtenant’s occupancy of any portion of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums thereforSubleased Premises, and deliver certificates thereof to Landlord prior to their effective date (and with respect to in any renewal policyevent, prior to the expiration any activity of the existing policy), and Subtenant in the event Building. In addition, Subtenant, upon reasonable written request from Prime Landlord or Sublandlord, will make reasonable efforts to furnish copies of original policies to Prime Landlord or Sublandlord, as the failure of Tenant either to effect use may be. No such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord policy shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord cancelable except after thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelledSublandlord and Prime Landlord. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant Subtenant shall provide Landlord copies Sublandlord with originals of the endorsements to Subtenant’s commercial general liability insurance and all risk property insurance policies when issued by which include the insurers providing such coveragefollowing exact wording: It is agreed that New York Central Lines LLC, Philadelphia Plaza-Phase II, Xxxxxx Properties Group, LLC, Xxxxxx Development Partners L.P., Bank of America, N.T. and S.A., Trustee, and their respective members, managers, partners, officers, directors, affiliates, agents and employees are additional insureds. The coverage under this policy is primary insurance with respect to liability arising out of the ownership, maintenance or use of the premises leased to Subtenant.

Policy Requirements. All insurance required or permitted to be maintained pursuant to this Section 1.9 shall (i) be maintained at the sole cost and expense of the policies of insurance referred to in this Article XIII shall Mortgagor; (ii) be written in form reasonably such forms and by such companies as are satisfactory to Landlord Mortgagee (each such company, in any event, shall be authorized to do business in the state where the Premises are situated and any Facility Mortgagee and issued by insurance companies with a minimum policyholder shall have an Xxxxxx X. Best Company, Inc. rating of “A-” and a financial rating of “VII” in "A-:X" or higher); (iii) contain the most recent version of Best’s Key Rating Guidestandard New York State Mortgagee Clause or an equivalent satisfactory to Mortgagee or, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyinsurance as to which the foregoing shall not be applicable, prior provide for Mortgagee to be named as an additional insured; (iv) name Mortgagee as the expiration loss payee; (v) include waivers by all insurers of all rights of subrogation against any named or additional insured, the indebtedness secured hereby and the Mortgaged Property; (vi) except as otherwise agreed to in writing by Mortgagee, provide for no deductible in excess of 10,000 per loss; and (vii) provide that no cancellation (including, without limitation, for nonpayment of premiums), reduction in amount or material change in coverage shall be effective until at least thirty (30) days after receipt by Mortgagee of written notice thereof; (viii) provide that no act or omission or negligence of Mortgagor or any other named insured or violation of warranties, declarations or conditions by Mortgagor or any other named insured shall affect or limit the obligation of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or insurer to pay the premiums thereforamount of any loss sustained; and (ix) contain such other provisions as Mortgagee may require. Mortgagor shall deliver the original policies of insurance to Mortgagee, but Mortgagee shall under no circumstance be deemed to have knowledge of the contents of such policies by reason of its custody thereof. Mortgagor shall deliver to Mortgagee new or renewal policies to replace expiring policies at least thirty (30) days before their respective expiration dates. Each such new or renewal policy shall bear a notation by the insurer or its authorized agent evidencing payment of the required premium. If any policy shall be cancelled by the insurer, become void by reason of any act(s) or omission(s) of Mortgagor or any other person or entity or by reason of the impairment of the capital of the insurer thereunder, or if for any reason in Mortgagee's sole discretion said policy shall become unsatisfactory to Mortgagee, Mortgagor shall immediately procure new or additional insurance satisfactory to Mortgagee. Mortgagors approval of any insurance procured by Mortgagor shall not be construed, or relied upon by Xxxxxxxxx, as a representation of the solvency of any insurer or the sufficiency of any amount of insurance. If Mortgagor shall fail in a timely manner either to keep in force any insurance required under this Mortgage or to deliver such certificates thereof to LandlordMortgagee any policy required hereunder, at Mortgagee shall have the times required, Landlord shall be entitledright, but shall have no obligationnot be obligated, to effect remedy any such insurance and pay failure by the premiums thereforexpenditure of moneys or otherwise, in which event the cost thereof, together with interest thereon at the Overdue Rate, provisions of Section 1.10 below shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageapplicable.

Policy Requirements. Any company writing any insurance which Tenant is required to maintain or cause to be maintained under Sections 8.03 and 8.04, above, as well as any other insurance pertaining to the Leased Premises or the operation of Tenant’s business therein (all such insurance being referred to as ‘Tenant’s Insurance”) shall at all times be licensed and qualified to do business in the jurisdiction in which the Leased Premises are located and shall have received an A or better (and be in a financial size category of class VII or higher) rating by the latest edition of A.M. Best’s Insurance Rating Service. All of Tenant’s Insurance may be carried under a blanket policy covering the policies Leased Premises and any other location of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Tenant, if (i) the coverage afforded Landlord and any Facility Mortgagee designees of Landlord shall not be reduced or otherwise adversely affected, and issued by (ii) such blanket policy allocates to the properties and liabilities to be insured under this Article VIII an amount not less than the amount of insurance companies with required to be covered pursuant to this Article VIII, so that the proceeds of such insurance shall not be less than the proceeds that would be available if Tenant were insured under a minimum policyholder rating unitary policy. All policies of “A-” and a financial rating of “VII” in Tenant’s Insurance shall contain endorsements requiring the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(einsurer(s) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies give to “occurrence” basis policies providing coverage for a period of all additional insureds at least three thirty (330) years beyond the expiration days’ advance notice of the Termany material reduction, cancellation, termination or (b) an extended reporting period non-renewal of at least three (3) years beyond the expiration of the Termsaid insurance. Tenant shall pay be solely responsible for payment of premiums for all of Tenant’s Insurance. Tenant shall deliver to Landlord at least fifteen (15) days prior to the premiums therefortime Tenant’s Insurance is first required to be carried by Tenant, and deliver certificates thereof to Landlord prior to their effective date upon renewals at least fifteen (and with respect to any renewal policy, 15) days prior to the expiration of the existing term of any such insurance policy), a certificate of insurance of all policies procured by Tenant in compliance with its obligations under this Lease. The limits of Tenant’s Insurance shall not limit Tenant’s liability under this Lease, at law, or in equity. If Tenant fails to deposit a certificate of insurance with Landlord for a period of three (3) days after notice from Landlord, Landlord may acquire such insurance, and in Tenant shall pay Landlord the event amount of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to premium applicable thereto within five (5) days following notice from Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII XI shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e11.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice Notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by XxxxxxxxLandlord, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies required to be obtained by Tenant pursuant to the provisions of insurance referred to in this Article XIII Section 13.1 shall be written issued by companies licensed to do business in California and shall be in form and content reasonably satisfactory acceptable to Landlord. Without limiting the generality of the foregoing, any deductible amounts under said policies shall be subject to Landlord's approval; provided, however, Landlord hereby approves a deductible of Ten Thousand Dollars ($10,000) or less. Claims made insurance is not acceptable for purposes of complying with this paragraph 13.1. In addition, all insurance policies requested to be obtained by Tenant hereunder shall contain, an endorsement naming Landlord as an additional insured (except for any workers compensation policy). Tenant shall, prior to delivery of the Premises by Landlord to Tenant, provide Landlord with copies of and certificates for all insurance policies. All insurance policies shall contain an endorsement providing that they may not be altered or canceled until after thirty (30) days' written notice to Landlord and to any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guideother additional insureds thereunder. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of any of such policies, furnish Landlord with a renewal or binder therefor. Tenant may carry insurance under a so-called "blanket" policy, provided that such policy provides that the existing policy)amount of insurance required hereunder shall not be prejudiced by other losses covered thereby. All insurance policies carried by Tenant shall be primary with respect to, and non-contributory with and in excess of, any other insurance available to Landlord. Such policies shall provide that the event interests of Landlord and any other additional insureds designated by Landlord shall not be invalidated due to any breach or violation of any warranties, representations or declarations contained in such policies or the failure of applications therefor. If Tenant either fails to effect such carry any insurance in the names herein called for policy required hereunder or to pay the premiums therefor, or to deliver such furnish copies thereof and certificates thereof to Landlord, at the times requiredtherefore pursuant hereto, Landlord shall be entitledmay, but shall have no obligationnot be required to and without limiting Landlord in the exercise of any other right or remedy, to effect obtain such insurance insurance, and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to reimburse Landlord for the extent available on commercially reasonable terms, costs thereof with the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragenext monthly rental payments due hereunder.

Policy Requirements. All of the policies of insurance referred required to in this Article XIII be maintained by Tenant shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” authorized to do insurance business in the most recent version State of California and rated not less than A:X in Best’s Key Rating 's Insurance Guide. All such insurance policies shall be written as primary policies, not excess or a minimum rating contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds. A certificate of “BBB” from Standard & Poor’s insurance evidencing the insurance required under this Article 11 shall be delivered to Landlord not less than thirty (30) days prior to the Commencement Date. No such policy shall be cancelled or equivalent. If modified by Tenant obtains without ten (10) days prior written notice to Landlord and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the notify Landlord of any notice of modification or cancellation provided by insurer to Tenant as soon as it receives same, and in no event later than five (5) business days of Tenant's receipt of such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Termnotice. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to furnish Landlord prior to their effective date (and with a replacement certificate with respect to any renewal policy, insurance not less than thirty (30) days prior to the expiration of the existing current policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtainhave the right to provide the insurance required by this Article 11 pursuant to blanket policies, but only if such blanket policies expressly provide coverage to the extent available on commercially reasonable terms, Premises and the agreement Landlord as required by this Lease without regard to claims made under such policies with respect to other persons. Any insurance required of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument Tenant under this Lease may be furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be under a blanket policy so long as and provided under one or more policies such policy: (a) strictly complies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies all other terms and conditions contained in this Lease; and (b) contains an endorsement that: (i) identifies with specificity the particular address of the property insurance policies when issued by Premises as being covered under the insurers providing such coverageblanket policy; (ii) provides a minimum guaranteed coverage amount of $1,000,000.00 per occurrence for the Premises; and (iii) expressly waives any prorata distribution requirement contained in Tenant's blanket policy covering the Premises.

Policy Requirements. All of the policies Each policy of insurance referred to required herein shall (a) be in this Article XIII shall be written in a form reasonably and with a company satisfactory to Landlord the Authority which is authorized to do business in the Commonwealth of Massachusetts and any Facility Mortgagee and issued by insurance companies with which has a minimum policyholder Best rating of “A-” “ or better; (b) (other than on the workers’ compensation and employers’ liability policies) name the Authority, its members, officers, employees and agents as additional insureds on a financial rating primary basis; (c) provide that it shall not be altered or canceled by the insurer during its term without first giving at least thirty (30) days prior written notice to the Authority; (d) provide that any act or omission of “VII” Tenant or the Authority shall not prejudice the rights of the Authority as a party insured under said policy, notwithstanding the fact that the Authority has agreed that the proceeds of such insurance shall be used in the most recent version restoration or rebuilding of Best’s Key Rating Guidethe Premises; and (e) be subject to a commercially reasonable deductible amount, which amount shall be stated on the policy or a minimum rating certificate of “BBB” from Standard & Poor’s or equivalentinsurance. If Tenant obtains and maintains the The commercial general liability insurance described policy shall be endorsed specifically to recognize and insure the indemnification provision appearing in Section 13.1(e) above on a “claims made” basis10.4 of this Lease. Prior to occupancy of the Premises (or any portion thereof), Tenant shall submit evidence of each policy of insurance required hereunder to the Authority and evidence of additional insured status by means of an additional insured endorsement or blanket additional insured endorsement, and Tenant shall deliver to the Authority not less than ten (10) days prior to the expiration of any then-current policy, evidence of renewal or replacement of such policy in replacement thereof. Upon request, Tenant shall deliver copies of such insurance policies to the Authority. Tenant acknowledges that the minimum insurance limits and types established herein may become inadequate during the Term, and Tenant agrees that it shall provide continuous liability coverage for claims arising such increased limits or types of insurance to levels that the Authority may reasonably and in a non- discriminatory manner require during the Term. In the event Tenant carries limits of insurance higher than those required under the terms of this Lease, such “claims made” basis policy higher limits shall be applicable to the Authority in addition to Tenant. If Tenant shall fail to perform any of its obligations under Section 10.1, then in addition to any other right or remedy of the Authority, the Authority may perform the same and the cost thereof shall be payable as Additional Rent. In the defense of any claim, demand, expense or liability which is canceled to be covered under insurance policies by Tenant as described in this Lease (even if such claim, demand, expense or not renewed for any reason whatsoever (liability is groundless, false or converted to an “occurrence” basis policyfraudulent), Tenant agrees on its own behalf and shall either obtain (a) “tail” insurance coverage converting cause its insurers to agree, not to waive any defense involving in any way the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration jurisdiction of the Term, or (b) an extended reporting period of at least three (3) years beyond tribunal over the expiration person of the Term. Tenant shall pay all Authority, the immunity of the premiums thereforAuthority, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyits members, prior to officers, agents or employees, the expiration governmental nature of the existing policy)Authority or the provisions of any statutes respecting suits against the Authority, and in without obtaining express advance permission from the event Chief Legal Counsel of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageAuthority.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating Financial Strength Rating of “A-” and a financial rating Financial Size Rating of “VIIVIII” or higher in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBBA-” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice Notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property and liability insurance policies when issued by the insurers providing such coverage. Notwithstanding the foregoing, Tenant may procure any of the policies required under this Article XIII from MGMM Insurance Company or any other captive insurance company that is an Affiliate of Tenant’s Parent regardless of the fact that such insurer is not “rated” as otherwise required under this Section 13.4; provided, that (i) Landlord has been provided (and continues to be provided annually and as otherwise reasonably requested by Landlord) with the applicable captive insurance company’s most recent financial statements and actuarial report, a list of such captive insurance company’s reinsurers and their subscribed amounts and such other information regarding the applicable captive insurance company as is reasonably requested by Landlord, (ii) Landlord has approved the use of such captive insurer, such approval not to be unreasonably withheld; provided, however, that Xxxxxxxx’s consent shall not be required to the extent that such captive insurance company reinsures all of its exposures (including, for the avoidance of doubt, any such exposures that relate to properties other than the Facilities), other than with respect to terrorism risks (which shall be subject to the final two sentences of this Section 13.4), with insurers meeting the requirements of this Section 13.4. Notwithstanding the foregoing, Landlord shall be deemed to have approved the use of a captive insurance company for terrorism risk coverage that is not reinsured by other insurance companies to the extent consistent with Tenant’s terrorism risk insurance program in effect as of the Commencement Date. Any material increase in the level of un-reinsured terrorism risk shall require the consent of Landlord, which consent shall not be unreasonably withheld.

Policy Requirements. All of the policies of insurance referred (the “Policies”) required pursuant to Section 7.1.1 will (i) be issued by companies approved by Lender and licensed to do business in this Article XIII shall the State, with a rating of A/X or better in the current Best’s Insurance Reports, (ii) name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance), (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their ​ ​ ​ LOAN AGREEMENT, PAGE 31 ​ equivalents, naming Lender as the Person to which all payments made by such insurance company will be paid, (iv) contain a waiver of subrogation against Lender, (v) be assigned and the originals thereof delivered to Lender, (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that neither Borrower, Lender nor any other party will be a co- insurer under the Policies, (B) that Lender will receive at least 30 days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums, (vii) in the event any insurance policy (except for general public and other liability and worker’s compensation insurance) will contain breach of warranty provisions, such policy will provide that with respect to the interest of Lender, such insurance policy will not be invalidated by and will insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents, and (viii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower will pay the premiums for such Policies (the “Insurance Premiums”) prior to or upon the closing of the Loan and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender under this Agreement) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentLender. If Tenant obtains Borrower does not furnish such evidence and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of receipts at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, 30 days prior to the expiration of the existing policy)any expiring Policy, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitledthen Lender may, but shall have no obligationwill not be obligated to, to effect procure such insurance and pay the premiums Insurance Premiums therefor, in which event and Borrower will reimburse Lender for the cost thereofof such Insurance Premiums promptly on demand, together with interest thereon accruing at the Overdue Interest Rate, shall be repayable . Borrower will deliver to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement Lender a certified copy of each insurerPolicy within 30 days after its effective date. Within 30 days after request by Lender, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it Borrower will give to Landlord thirty (30) days’ (or ten (10) days’ obtain such increases in the case amounts of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant hereunder as may be provided under one or more policies with various deductibles or self-insurance retentions reasonably requested by Tenant or its AffiliatesLender, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxtaking into consideration changes in the value of money over time, Tenant shall provide Landlord copies of changes in liability laws, changes in prudent customs and practices, and the property insurance policies when issued by the insurers providing such coveragelike.

Policy Requirements. All Landlord and its agents and employees, the ------------------- City of New York, the policies New York City Public Development Corporation, the Port Authority and any other Superior Lessor or any Superior Mortgagee whose name and address shall have been furnished to Tenant shall be designated as additional insureds on any insurance policy required by this Article VII. Tenant shall deliver to Landlord certificates of insurance referred to in for the insurance coverage required by this Article XIII shall be written VII, in form reasonably satisfactory to Landlord and any Facility Mortgagee and Landlord, issued by the insurance companies with a minimum policyholder rating company or its authorized agent, within thirty (30) days of “A-” the Commencement Date. Tenant shall procure and a financial rating pay for renewals of “VII” in such insurance from time to time before the most recent version of Best’s Key Rating Guideexpiration thereof, or a minimum rating of “BBB” from Standard & Poor’s or equivalentand Tenant shall deliver to Landlord such renewal certificate(s). If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisAt Landlord's request, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof of insurance to Landlord prior to their effective date (and with respect to any renewal policyadditional insured parties. All policies shall be issued by companies of recognized responsibility, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof reasonably acceptable to Landlord, at and licensed to do business in the times required, Landlord State of New York. All policies shall provide that they cannot be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable termscancelled or modified unless Landlord, the agreement of each insurer, by endorsement on the policy Port Authority and any other Superior Lessor or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord any Superior Mortgagee named as an additional insured are given at least thirty (30) days’ (' prior written notice of such cancellation or ten (10) days’ modification. All insurance policies involving liability shall contain a provision that in any action or proceeding under or in connection with such policy, the insurance carrier shall not without obtaining express advance consent from the General Counsel of the Port Authority raise any defense involving in any way the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, the provisions of any statutes respecting suits against the Port Authority, or the jurisdiction of the tribunal over the person of the Port Authority. Tenant shall not carry separate or additional insurance, concurrent in form or contributing in the case event of non-payment of premium) written notice before the policy any loss or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding damage with any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained obtained by Tenant under this Lease. Tenant may carry any insurance coverage required of it hereunder pursuant to blanket policies of insurance so long as the coverage afforded Landlord and the other additional insureds thereunder shall not be less than the coverage which would be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragedirect policies.

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall be written with companies licensed to do business in form reasonably satisfactory to Landlord Nevada and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating "General Policyholder's Rating" of “A-” A- or better and a "financial rating rating" of “VII” VII or better in the most recent version edition of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever 's Insurance Guide (or converted similar rating service if such guide is no longer published). A certificate issued by the insurance carrier for each policy of insurance required to an “occurrence” basis be maintained by Tenant hereunder, and, upon request of Landlord, a copy of each such policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof be delivered to Landlord prior and all other additional insureds no later than ten (10) days after execution of this Lease and thereafter, as to their effective date policy renewals, within thirty (and with respect to any renewal policy, 30) days prior to the expiration of the existing terms of each such policy), and in the event . Each of the failure said certificates of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement each such policy of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant hereunder shall be from an insurer and in form and substance reasonably satisfactory to Landlord and shall expressly evidence insurance coverage as required by this Lease and shall contain an endorsement or provision requiring not less than thirty (30) days written notice to Landlord and all other additional insured prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in question (provided that such thirty (30) day period may be provided under one or more policies with various deductibles or self-reduced to ten (10) days if the cause for cancellation of the insurance retentions by Tenant or its Affiliates, subject policy is Tenant's failure to Landlord’s approval not pay the insurance premium). In addition to be unreasonably withheld. Upon written request by Xxxxxxxxthe foregoing certificates, Tenant shall provide at all times during the Term hereof furnish Landlord copies with a current certificate of the property worker's compensation coverage evidencing coverage at Nevada statutory limits. Each policy of insurance policies when issued by the insurers providing such coverage.provided for in Section

Policy Requirements. All of liability insurance policies required pursuant to Section 3.05(a) shall name Mortgagee as an additional insured thereunder, and all other insurance policies required pursuant to Section 3.05(a), to the extent reasonably possible, or otherwise maintained by Mortgagor shall name Mortgagee as the mortgagee under New York long form non-contributory endorsements. All such insurance policies of insurance referred to in this Article XIII and endorsements shall be written fully paid or paid pursuant to an installment program offered to Mortgagor by the insurer or its broker/agent, provided that the installments are paid on or before the due date thereof so that all required insurance coverage is maintained without interruption. All insurance policies required to be maintained by Mortgagor shall contain such provisions and expiration dates, and be in such form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by such insurance companies with a minimum policyholder rating of “A-” qualified and a financial rating of “VII” licensed to do business in the most recent version jurisdiction in which the Mortgaged Property is located, as may be reasonably acceptable to Mortgagee. All insurance companies issuing insurance for the Mortgaged Property on behalf of Best’s Key the Mortgagor shall have a Best Insurance Guide Rating Guide, of A/XI or better. Any coverage required to be maintained pursuant to this Section may be maintained under a minimum rating blanket insurance policy provided such policy otherwise satisfies the requirements of “BBB” from Standard & Poor’s or equivalentthis Section. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant Each policy required to be maintained by Mortgagor shall provide continuous liability coverage for claims arising during that such policy may not be cancelled or materially changed except upon not less than thirty (30) days' prior written notice to Mortgagee of the Termintention of non-renewal, cancellation or material change and that no act or thing done by Mortgagor shall invalidate the policy as against Mortgagee. In the event Mortgagor fails to maintain insurance in compliance with Section 3.05(a) or, in the event that a notice of non-renewal, cancellation or material change is given to Mortgagee, as aforesaid, and within ten (10) days after the delivery of such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted notice Mortgagor shall fail to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies deliver to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration Mortgagee evidence of the Term, purchase of a substitute policy of insurance or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any a renewal policy, prior to the expiration of the existing policy)policy of insurance, and Mortgagee may, after ten (10) days' notice to Mortgagor (or, if the policy in question shall sooner expire or be terminated, on or after the event day before the date of the failure of Tenant either to effect such insurance in the names herein called for expiration or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, termination) but shall have no obligationnot be obligated to, to effect obtain such insurance and pay the premiums thereforpremium therefor and Mortgagor shall, on demand, reimburse Mortgagee for all sums, advances and reasonable expenses incurred in which event the cost thereofconnection therewith, together with interest thereon at the Overdue Rate, shall be repayable rate of interest applicable under the Credit Agreement upon the occurrence of a Default (the "DEFAULT RATE") from the date such amounts are advanced until the same are paid to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageMortgagee.

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall contain an endorsement or agreement by the insurer that any loss shall be written payable in accordance with the terms of such policy notwithstanding any act or negligence of any Borrower which might otherwise result in forfeiture of said insurance, and the further agreement of the insurer waiving all rights of set off, counterclaim, or deduction against the Borrowers. All builder's risk and other property damage policies of insurance shall have attached thereto a Standard Mortgagee Endorsement for the benefit of the Administrative Agent, on behalf of the Lenders, in form reasonably satisfactory to Landlord and the Collateral Agent. All liability policies shall name the Administrative Agent, on behalf of the Lenders, as an additional insured as its interest may appear. All such policies shall contain a provision that such policies will not be cancelled or materially amended, which term shall include any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” reduction in the most recent version scope or limits of Best’s Key Rating Guidecoverage, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of without at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (' prior written notice to the Administrative Agent. All policies of insurance required hereunder shall be issued by companies having a Best's rating of at least A-/XII, and shall be in amounts specified herein or otherwise satisfactory to the Collateral Agent. All insurance obtained by the Borrowers shall be primary and non-contributory. The Borrowers shall furnish the Collateral Agent with an original copy of all policies of required insurance. At least ten (10) days’ in days prior to the case expiration date of non-each such policy, the Borrowers shall furnish the Administrative Agent with evidence satisfactory to the Administrative Agent of the payment of premium) written notice before the premium thereon and the reissuance of a policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII conforming to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragerequirements set forth in this Agreement.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-9 or better by Best’s Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord. Each policy shall name Landlord and Landlord’s lender as additional insureds, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant’s occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor“binders” thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called “blanket coverage” form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 11.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant’s liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-1 or better by Best’s Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord. Each policy shall name Landlord and Landlord’s lender as additional insured, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant’s occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor“binders” thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called “blanket coverage” form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 9.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant’s liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of the policies of insurance referred to provided for in this ------------------- Article XIII 10 shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder general policyholders' ---------- rating of “A-” not less than A+ and a financial rating of “VII” not less than Class X as rated in the most recent version current available Best's Insurance Reports and qualified to do business in the State of Best’s Key Rating GuideCalifornia. All such liability policies shall be issued in the names of Landlord, as an additional insured, and Tenant, and, if requested by Landlord, Landlord's mortgagees or a minimum rating trust deed beneficiaries as additional insured, which policies shall be for the mutual and joint benefit and protection of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisLandlord, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled and Landlord's mortgagees or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), trust deed beneficiaries and Tenant shall either obtain (a) “tail” cause its insurer to issue the appropriate waiver of subrogation rights endorsements to all such insurance coverage converting the policies. Executed copies of such policies of insurance or certificates thereof shall be delivered to “occurrence” basis policies providing coverage for a period of Landlord at least three ten (310) years beyond Days prior to the expiration Delivery Date (with prior written notice of the Term, or (bsuch Delivery Date to Tenant) an extended reporting period of and thereafter at least three thirty (330) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, Days prior to the expiration of the existing term of each such policy). All public liability policies shall contain a provision that Landlord, although named as an insured, nevertheless shall be entitled to recovery under said policies for any loss occasioned to it, its servants, agents and in the event employees by reason of the failure any act or omission of Tenant either to effect or its servants, agents, employees or contractors. As often as any such insurance in the names herein called for policy shall expire or to pay the premiums thereforterminate, renewal or to deliver such certificates thereof to Landlord, at the times required, Landlord additional policies shall be entitled, but shall have no obligation, procured and maintained by Tenant in like manner and to effect such like extent. All policies of insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable delivered to Landlord upon demand therefor. Tenant shall obtain, to must contain a provision that the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the company writing said policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord at least thirty (30) days’ (Days' notice in writing in advance of any cancellation or ten (10) days’ lapse of the effective date of any reduction in the case amount of non-payment of premium) written notice before the policy insurance. All public liability, property damage or other casualty policies in question shall be alteredwritten as primary policies, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, not contributing with coverage that Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragecarry.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide, or . The property loss insurance policy shall contain a minimum rating of “BBB” from Standard & Poor’s or equivalentReplacement Cost Endorsement. If Tenant obtains and maintains the general liability or professional malpractice insurance described in Section Sections 13.1(e) or (f) above on a “claims claims-made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Landlord in the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (whatsoever, or converted to an “occurrence” basis policy), Tenant shall by obtaining either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting retroactive coverage back to the commencement date (which date shall be at least three (3) years prior to the expiration of the Term) for the policy in effect prior to the expiration of the Term and maintaining such coverage for a period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant Tenant, including but not limited to the coverages required under Sections 13.1(e) and (f) and any workers’ compensation insurance, may be provided under one or more policies with various deductibles or of self-insurance retentions maintained by Sun and/or Tenant or its their respective Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-9 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord. Each policy shall name Landlord and Landlord's lender as additional insureds, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant's occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor"binders" thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 11.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of the policies of insurance referred to in this Article XIII provided for herein shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder general policy holder’s rating of “A-” not less than A- and a financial rating of “VII” not less than Class IX as rated in the most recent version of current available Best’s Key Rating GuideInsurance Reports or by such insurer as shall otherwise be satisfactory to Landlord and qualified to do business in the state. All such policies shall be issued in the name of Tenant, with Landlord, Xxxxxxxx’s managing agent and first mortgagee or a minimum rating beneficiary, if any, named as additional insureds, which policies shall be for the mutual and joint benefit and protection of “BBB” from Standard & PoorLandlord, Xxxxxx and Xxxxxxxx’s managing agent and first mortgagee or equivalentbeneficiary, if any. If Executed copies of such policies of insurance or certificates thereof shall be delivered to Landlord within ten (10) days prior to delivery of possession of the Premises to Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of thereafter at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing term of each such policy). The above commercial general liability insurance policy shall contain a standard Insurance Services Office “Severability of Interests” clause allowing Landlord as an additional insured to recover under said policy for any loss occasioned to it, and in the event its servants, agents, employees or contractors, by reason of the failure negligence of Tenant. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. All policies of insurance required hereunder of Tenant either to effect such insurance in must contain a provision that the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the company writing said policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord at least thirty (30) days’ (notice in writing in advance of any cancellation or ten (10) days’ lapse or the effective date of any reduction in the case amounts of non-payment of premium) written notice before the policy or insurance. All public liability, property damage and other casualty policies in question shall be alteredwritten as primary policies, allowed to expire or cancelled. Notwithstanding any provision not contributing with and not in excess of this Article XIII to the contrary, coverage which Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragecarry.

Policy Requirements. All of Borrower shall obtain all required insurance, or cause all required insurance to be obtained, from insurers authorized to do business in the state where the Property and Improvements are located with an “A:IX” or such lower financial strength rating by AM Best as acceptable to Administrative Agent, “A2” or better by Mxxxx’x, or “A” or better with S&P (except as provided otherwise with respect to Liberty in Section 5.1(h) above, Administrative Agent may in its discretion permit Borrower to maintain required insurance policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by with insurance companies which do not meet the foregoing requirements (an “otherwise rated insurer”), provided Borrower obtains a so-called “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with a minimum policyholder respect to any otherwise rated insurer from an insurance company which meets the claims paying ability ratings required above. Notwithstanding the foregoing, Administrative Agent shall accept Hxxxxxxx Re Insurance Company, rated “A- XIV” with AM Best as an insurer in its current position and participation amount within the property syndicate, for so long as the rating of “A-” and a financial rating of “VII” in such insurer is not withdrawn or downgraded below the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Termdate hereof. In the event such “claims insurer’s rating is withdrawn or downgraded below this rating, Borrower shall promptly notify Administrative Agent and replace such insurer with an insurer meeting the rating requirements set forth herein. Administrative Agent may (but have no obligation to), at its sole discretion, accept insurers that do not meet the minimum requirements stated herein. Required insurance shall contain such provisions as Administrative Agent reasonably deems necessary or desirable to protect its interest, including endorsements stating that none of Borrower, Administrative Agent or any other party shall be deemed a coinsurer. Borrower shall pay the insurance premiums, or cause all insurance premiums to be paid, for all required insurance when due and payable and shall provide Administrative Agent with proof of payment reasonably acceptable to Administrative Agent, which proof shall be forwarded by Administrative Agent to the Lenders. Borrower shall not finance or permit the refinancing of insurance premiums under any arrangement that could (if any premium loan payment is not made” basis ) result in the premature cancellation of any required insurance. Borrower shall deliver to Administrative Agent, promptly after request therefor, certificates of insurance and relevant endorsements including those providing the required Lender protections evidencing all required insurance. Before any policy expires (time being of the essence), the Borrower shall deliver evidence of renewal in compliance with the Loan Documents. If at any time Administrative Agent has not timely received satisfactory written evidence that Borrower maintains or has caused to be maintained all required insurance, then without limiting Administrative Agent’s rights or remedies hereunder or under any of the other Loan Documents, if such evidence is canceled or not renewed for any reason whatsoever delivered to Administrative Agent within five (5) Business Days after written notice of such failure to timely deliver such required evidence of insurance (or converted at any time Administrative Agent deems necessary to an “occurrence” basis policyavoid the lapse of any insurance coverage, regardless of prior notice), Tenant shall either obtain Administrative Agent may (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have absolutely no obligation, to effect obligation to) obtain such insurance and pay the premiums premium therefor, and the Borrower shall, on demand, reimburse Administrative Agent, for all expenses incurred in which event connection therewith. Such amounts shall bear interest at the Alternate Rate from the date such cost thereof, or expense was incurred through the date of payment to Administrative Agent; any such amounts together with interest thereon calculated at the Overdue Rate, Alternate Rate shall be repayable deemed to Landlord constitute a portion of the indebtedness owing to Lenders hereunder and be secured by the liens, claims and security interests provided to Administrative Agent under the Loan Documents and shall be immediately due and payable upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageAdministrative Agent.

Policy Requirements. Any company writing any insurance which Tenant is required to maintain or cause to be maintained under Sections 8.03 and 8.04 as well as any other insurance pertaining to the Leased Premises or the operation of Tenant’s business therein (all such insurance being referred to as “Tenant’s Insurance”) shall at all times be licensed and qualified to do business in the jurisdiction in which the Leased Premises are located and shall have received an A-VII or better rating by the latest edition of A.M. Best’s Insurance Rating Service. All of Tenant’s Insurance may be carried under a blanket policy covering the policies Leased Premises and any other location of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Tenant, if (i) the coverage afforded Landlord and any Facility Mortgagee designees of Landlord shall not be reduced or otherwise adversely affected, and issued by (ii) such blanket policy allocates to the properties and liabilities to be insured under this Article VIII an amount not less than the amount of insurance companies with required to be covered pursuant to this Article VIII, so that the proceeds of such insurance shall not be less than the proceeds that would be available if Tenant were insured under a minimum policyholder rating unitary policy. Tenant’s Commercial General Liability policies shall name Landlord and/or its designees as additional insured, and Tenant’s property insurance policies shall name Landlord and/or its designees as loss payee for Leasehold Improvements and betterments. All policies of “A-” and a financial rating Tenant’s Insurance shall contain endorsements requiring the insurer(s) to give to all additional insureds at least thirty (30) days’ advance Notice of “VII” in the most recent version any reduction, cancellation, termination or non-renewal of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability said insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted Notice within ten (10) days of a failure to an “occurrence” basis policypay any premium), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay be solely responsible for payment of premiums for all of Tenant’s Insurance. Tenant shall deliver to Landlord at least fifteen (15) days prior to the premiums therefortime Tenant’s Insurance is first required to be carried by Tenant, and deliver certificates thereof to Landlord prior to their effective date upon renewals at least ten (and with respect to any renewal policy, 10) days prior to the expiration of the existing term of any such insurance policy), a certificate of insurance of all policies of Tenant’s Insurance. The limits of Tenant’s Insurance shall not limit Tenant’s liability under the Lease, at law, or in equity. All policies of Tenant’s Insurance shall be primary and in the event noncontributory with respect to Landlord’s liability arising out of the failure act or omission of Tenant, its officers, agents, contractors, employees, or, while upon the Leased Premises, invitees. If Tenant either fails to effect such deposit a certificate of insurance in with Landlord (which shows compliance with the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision provisions of this Article XIII to the contraryVIII) within three (3) days after Notice from Landlord, Landlord acknowledges may acquire such insurance, and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide pay Landlord copies the amount of the property insurance policies when issued by the insurers providing such coveragepremium applicable thereto within five (5) days following Notice from Landlord.

Policy Requirements. All insurance required of the policies of insurance referred to in Tenant under this Article XIII Lease shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with authorized to do business in the jurisdiction where the Building is located. Such companies shall have a minimum policyholder rating of at least “A-A” and be assigned a financial rating size category of at least “Class XIV” as rated in most recent edition of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating ” for insurance companies. The insurance required of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in under Section 13.1(e19(a)(i) above on a “claims made” basis, hereof shall insure performance by Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or indemnity provisions of Section 18 hereof and shall contain an assumed contractual liability endorsement that refers expressly to this Lease. All insurance required of Tenant under this Lease shall: (bi) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, be written as primary policy coverage and deliver certificates thereof to Landlord prior to their effective date (and non-contributing with respect to any renewal policycoverage on which Landlord or any additional insured are an insured (it being understood and agreed that any insurance on which Landlord or any additional insured is an insured shall be excess insurance); (ii) name Landlord, prior to the expiration Landlord’s Rental Agent and any mortgagee of the existing policyBuilding, and any other applicable party whose name and address shall have been furnished to Tenant as additional insureds, as their respective interests may appear (except with respect to workers’ compensation insurance), and (iii) waive rights of subrogation in favor of Landlord and the event of the failure of Tenant either additional insureds, except with respect to effect such property insurance which is addressed in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand thereforsubparagraph (f) hereunder. Tenant shall obtain, to the extent available on make commercially reasonable terms, the agreement of each insurer, by efforts to ensure that such policies shall contain an endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord requiring thirty (30) days’ (written notice from the insurance company to Landlord before cancellation or ten (10) days’ any change in the case coverage, scope or amount of any policy, and if Tenant is unable to obtain such endorsement despite using its commercially reasonable efforts to do so, then Tenant shall be required to provide such 30-days’s written notice of cancellation or change to Landlord; provided, however, that only a 10-day notice shall be provided in the event of non-payment of premium) written notice before the policy . Each policy, or policies a certificate showing it is in question effect, together with evidence of payment of premiums, shall be altereddeposited with Landlord at the commencement of the Lease Term, allowed and renewal certificates or copies of renewal policies shall be delivered to expire or cancelled. Notwithstanding any provision of this Article XIII Landlord at least thirty (30) days prior to the contrary, Landlord acknowledges and agrees that the coverage expiration date of any policy. The deductible or self-insured retention amount required to be under any insurance policy maintained by Tenant may shall be provided under one or more policies with various deductibles or self-insurance retentions the sole responsibility of Tenant and not exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00), unless otherwise approved by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragein writing.

Policy Requirements. All of the policies of Each insurer must be licensed to do business in each state where a Site is located and, except for NFIP approved flood insurance referred to in this Article XIII shall carriers, must be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued rated A/X or better by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide. Each Policy Document shall name Lender and its successors and/or assigns, and affiliates, as their interests may appear, as additional insureds and as mortgagee and loss payee, as applicable, and shall state Borrower’s correct address and list Borrower as the named insured. Each Policy shall (i) provide that the Policy will not be terminated, cancelled or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains substantially modified without at least 30 days’ prior written notice to Lender (10 days for non-payment) and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage be written for a period of at least three 12 consecutive months; (3ii) years beyond include a waiver of subrogation by the expiration insurer as to claims against Lender, its employees, agents, and affiliates and provide that such Policy cannot be cancelled or suspended on account of the Termconduct of Borrower, its affiliates, or any of their respective officers, directors, employees, or agents; (biii) be written on an extended reporting period “occurrence” basis and provide that all coverage under such Policy is primary, that any “no other insurance” clause in such Policy excludes policies of at least three insurance maintained by Lender or its affiliates, and that such Policy will not be brought into contribution with any insurance maintained by Lender or its affiliates; (3iv) years beyond contain a standard without contribution mortgagee clause endorsement in favor of Lender, its successors, assigns, and affiliates, as their interests may appear; and (v) include an agreement by the expiration insurer that any loss will be payable in accordance with the terms of the TermPolicy notwithstanding any act or neglect of Borrower, anyone acting for Borrower, or any tenant or other occupant of a Site. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, At least 30 days prior to the expiration of the existing policy)each Policy, and in the event Borrower shall furnish Lender written evidence that such Policy has been renewed or replaced by delivering to Lender a copy of the failure of Tenant either replacement Policy or other documentation reasonably satisfactory to effect such Lender evidencing that the required insurance is in the names full force and effect. Policy deductibles must be stated and may not exceed $10,000, unless otherwise provided herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums thereforas Lender, in which event the cost thereofits sole discretion, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ may agree in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragewriting.

Policy Requirements. Any company writing any insurance which Tenant is required to maintain or cause to be maintained under Sections 8.03 and 8.04 as well as any other insurance pertaining to the Leased Premises or the operation of Tenant’s business therein (all such insurance being referred to as “Tenant’s Insurance”) shall at all times be licensed and qualified to do business in the jurisdiction in which the Leased Premises are located and shall have received an A-VII or better rating by the latest edition of A.M. Best’s Insurance Rating Service. All of Tenant’s Insurance may be carried under a blanket policy covering the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord Leased Premises and any Facility Mortgagee and issued by other location of Tenant. To the extent such a provision is then available from Tenant’s insurer, such insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is that it shall not be canceled or not renewed for any reason whatsoever (the coverages be changed or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting reduced below the policies to “occurrence” basis policies providing coverage for a period of minimum amounts and coverages required under this Lease without at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case event of cancellation for non-payment of premium) prior written notice before the policy or policies Notice to Landlord and, in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxevent, Tenant shall provide Landlord copies with at least thirty (30) days’ prior written notice of any such cancellation or reduction in the amounts or types of such insurance below the minimum amounts and coverages required under this Lease. Tenant shall be solely responsible for payment of premiums for all of Tenant’s Insurance. Tenant shall deliver to Landlord prior to the time Tenant’s Insurance is first required to be carried by Tenant, and upon renewals prior to the expiration of the property term of any such insurance policy, a certificate of insurance. The limits of Tenant’s Insurance shall not limit Tenant’s liability under the Lease, at law, or in equity. All policies when issued of Tenant’s Insurance shall be primary and non-contributory with respect to Landlord’s liability arising out of the act or omission of Tenant, its officers, agents, contractors, employees, or, while upon the Leased Premises, invitees. If Tenant fails to deposit a certificate of insurance with Landlord (which shows compliance with the provisions of this Article VIII) within three (3) days after Notice from Landlord, Landlord may acquire such insurance, and Tenant shall pay Landlord the amount of the premium applicable thereto within thirty (30) days following Notice from Landlord. Neither the insurance requirements set forth in the Lease nor Landlord’s review and approval of any insurer or insurance policy shall be deemed to limit Tenant’s obligations under this Lease or Tenant’s underlying liability in any manner. The insurance requirements herein merely prescribe the minimum amounts and forms of insurance coverage that Tenant and their contractors are required to carry. Any failure by Landlord to enforce in a timely manner any of the insurers providing provisions of the Lease shall not act as a waiver to enforcement of any of such coverageprovisions at a later date.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies qualified and authorized to do business in Massachusetts with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by XxxxxxxxLandlord, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall be written with companies licensed to do business in form reasonably satisfactory to Landlord Nevada and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating General Policyholder’s Rating of “A-” A- or better and a financial rating of “VII” VII or better in the most recent version edition of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever Insurance Guide (or converted to an “occurrence” basis policysimilar rating service if such guide is no longer published), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies a certificate issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case insurance carrier for each policy of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant may hereunder together with a copy of each such policy and evidence of payment of all premiums shall be provided under one delivered to Landlord no later than fourteen (14) days after the Commencement Date, and as to policy renewals, no later than fifteen (15) days after the expiration of the terms of each such policy. Each of such certificates of insurance and each such policy of insurance required to be maintained by Tenant hereunder shall be from an insurer and in form and substance satisfactory to Landlord and shall expressly evidence insurance coverage as required by this Casino Lease and shall contain an endorsement or more policies with various deductibles provision requiring not less than thirty (30) days written notice to Landlord and all other named assureds prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in question. Tenant shall use reasonable efforts to disclose to Landlord, in writing, any deductibles, self-insurance retentions by Tenant or its Affiliatesinsured retentions, subject policy exclusions and/or limiting conditions at the time each such policy is delivered to Landlord. In addition to any policy premiums, Tenant shall pay for any deductibles and self-insured retentions, when and as due or demanded as the case may be. In addition to the foregoing certificates, Tenant shall at all times during the term hereof furnish Landlord with a current certificate of worker’s approval not to be unreasonably withheldcompensation coverage. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies with notice of any claim, potential claim, accident or injury, which such notice shall be delivered to Landlord no more than 3 business days after Tenant’s knowledge of the property insurance policies when issued by same, or the insurers providing such coverageincident, whichever occurs first.

Policy Requirements. All policies of insurance required by this Agreement (i) shall be issued by an insurer that has a claims paying ability rating of not less than A:X or better by AM Best, (ii) shall name Lender (and Trustee, if applicable, for the benefit of Lender), as additional insureds as their interests may appear and contain a standard noncontributory mortgagee clause naming Lender or Trustee on behalf of Lender as the party to which all payments made by such insurance company shall be paid, (iii) shall be maintained throughout the term of the Loan without cost to Lender, (iv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest (including endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under said policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation), (v) shall contain a waiver of subrogation against Lender and (vi) shall be reasonably satisfactory in form and substance to Lender and reasonably approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Notwithstanding the above, the policies of insurance referred required by this Agreement may be written by so-called "captive" insurance company(ies) of the Landlord under the Prime Lease, provided that the risk is reinsured with insurers that have a claims paying ability rating of not less than A:X by A.M. Best. Borrower shall pay or cause to in this Article XIII be paid the premiums for such policies as the same become due and payable. Copies of said policies, certified as true and correct by Borrower, or insurance certificates thereof, shall be written in form reasonably satisfactory delivered to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, Lender prior to the expiration of the existing policy), and in current policies. Not later than fifteen (15) Business Days prior to the event expiration date of each of the failure policies, Borrower will deliver to Lender satisfactory evidence of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement renewal of each insurer, policy. Any insurance coverage required by endorsement on the this Agreement may be effected under a blanket policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in covering the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges Leased Premises and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval other property and assets not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies constituting a part of the property insurance policies when issued by the insurers providing such coverageLeased Premises.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-9 or better by Best’s Insurance Reports are hereby pre-approved by Landlord. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and that are reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Copies of all policies to be obtained by Tenant, together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant’s occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and furnish Landlord with renewals or “binders” thereof, or in the event of the failure of Tenant either to effect no such insurance in the names herein called for renewals or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument “binders” are furnished to Landlord, that it will give Landlord may order such insurance and charge the cost thereof to Landlord Tenant, which amount shall be paid by Tenant within thirty (30) days’ (or ten (10) days’ in the case days following Tenant’s receipt of non-payment of premium) written notice before the demand therefor. Any policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained obtained by Tenant either party may be provided carried under one or more policies with various deductibles or selfso-called “blanket coverage” form of insurance retentions policies; provided, however, that any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall in no way be prejudiced by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued other losses covered by the insurers providing policy. Neither the issuance of any such coverage.insurance policy nor the minimum limits specified in this Section 11.3 shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. INITIAL / LANDLORD TENANT

Policy Requirements. (a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the Commonwealth of the policies of insurance referred Pennsylvania and reasonably acceptable to in this Article XIII Landlord. Insurance companies rated A VII or better by Best’s Insurance Reports shall be deemed acceptable. (b) Each policy shall be written in form reasonably satisfactory on an "occurrence" basis and shall have a deductible or deductibles, if any, which do not exceed $250,000.00. Each policy shall name Landlord, Manager, and Landlord’s lender and their respective members, managers, partners, officers, directors, agents and employees as additional insureds, as their interests may appear, and the commercial general liability policy shall also name the Manager as an additional insured. Certificates evidencing the existence and amounts of such insurance shall be delivered to Landlord by Tenant at least 30 days prior to Tenant’s occupancy of any portion of the Premises, and in any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating event, prior to any activity of “A-” and a financial rating of “VII” Tenant in the most recent version Building. No such policy shall be cancelable except after 30 days’ written notice to Landlord. Tenant shall provide Landlord with originals of Bestthe endorsement(s) to Tenant’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the commercial general liability insurance described in Section 13.1(e) above on a “claims made” basispolicy and all risks property insurance policies which include the following exact wording: It is agreed that Commerce Square Partners-Philadelphia Plaza, Tenant shall provide continuous liability L.P., Xxxxxx Properties Group LLC, and their respective members, managers, partners, officers, directors, affiliates, agents and employees are additional insureds. The coverage for claims arising during the Term. In the event such “claims made” basis under this policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” primary insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyliability arising out of the ownership, maintenance or use of the premises leased to Delaware Investment Advisers. Tenant shall, at least 30 days prior to the expiration of any such policy, furnish Landlord with renewals or "binders" thereof. Should Tenant at any time neglect or refuse to provide the existing policy)insurance required by this Lease, or should such insurance be cancelled, Landlord shall have the right, but not the duty, to procure the same and Tenant shall pay the cost thereof as Rent promptly upon Landlord’s demand. Tenant will deliver certificates with respect to its policies and endorsements to Landlord within 20 days after Landlord’s written request therefor. (c) The policies of insurance required to be carried by Tenant shall be primary and non-contributing with, and not in the event excess of any other insurance available to Landlord. The cost of defending any claims made against any of the failure policies required to be carried by Tenant shall not be included in any of the limits of liability for such policies. Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof shall immediately report to Landlord, at and promptly thereafter confirm in writing, the times requiredoccurrence of any injury, Landlord loss or damage incurred by Tenant, or Tenant’s receipt of notice or knowledge of any claim by a third party or any occurrence that might give rise to such claims. It shall be entitled, but shall have no obligation, the responsibility of Tenant not to effect such violate nor knowingly permit to be violated any condition of the policies required by this Lease. (d) If any of the liability insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under pursuant to this Article contains aggregate limits which apply to operations of Tenant other than those operations which are the subject of this Lease, and such limits are diminished by more than $200,000.00 after any one or more policies with various deductibles incidents, occurrences, claims, settlements, or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxjudgments against such insurance, Tenant shall provide Landlord copies take immediate steps to restore aggregate limits or shall maintain other insurance protection for such aggregate limits. Any policy of property insurance required hereunder may be in "blanket coverage" form, provided any such "blanket coverage" policy (i) specifically provides that the amount of insurance coverage required hereunder shall in no way be prejudiced by other losses covered by the policy or (ii) is in an amount not less than the sum of 100% of the actual replacement costs of all of the properties covered under such "blanket coverage" insurance policy. Neither the issuance of any such property insurance policies when issued by policy nor the insurers providing such coverage.minimum limits specified in this Article shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease. 11.5

Policy Requirements. All of insurance policies carried by Tenant for the policies of insurance referred to in this Article XIII Premises shall (i) be written issued in form acceptable to Landlord by good and solvent insurance companies qualified to do business in the jurisdiction in which the Building is located, reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of rated not lower than “A-Class A VIII,” and a financial rating of “VII” as rated in the most recent version edition of Bestthe A.M. Best Company, Inc.’s Key Rating GuideGuide for insurance companies; (ii) designate as additional insureds Landlord (which shall also be loss payee specific to property coverage) and its members, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisshareholders, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy)partners, Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Termofficers, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefordirectors, employees, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policymanaging agent, prior to the expiration of the existing policy)Landlord’s Mortgagee, and any other parties in the event interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be written as primary policy coverage and not contributing with or in excess of the failure of Tenant either any coverage that Landlord may carry; (iv) contain an endorsement to effect such insurance in the names herein called provide for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ prior written notice to Landlord of any cancellation or other expiration of such policy or any Defaults thereunder, (v) contain an express waiver of any right of recovery (by subrogation or ten otherwise) by the insurance company against Landlord; and (10vi) days’ contain an assumed contractual liability endorsement insuring performance by Tenant of the indemnity provisions of this Lease. Tenant shall promptly pay all premiums for all insurance policies required under this Section 22 and shall deliver binding certificates of insurance evidencing such coverage and payment therefor before the earlier of the Commencement Date or the commencement of any work in the case of non-payment of premium) written notice Premises, and renewals thereof shall be delivered to Landlord or Landlord’s designated agent before the expiration of any such policy. Neither the issuance of any insurance policy or policies in question required hereunder nor the minimum limits specified herein for Tenant’s insurance coverage shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant’s liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All Landlord and its agents and employees, any managing agent employed by Landlord in the management of the Building, and any Senior Interest Holder whose name and address shall have been furnished to Tenant, shall be designated as additional insureds or loss payees, as appropriate, on any insurance policy required by Section 7.3. Tenant shall deliver to Landlord fully paid-for policies or certificates of insurance referred to in for the insurance coverage required by this Article XIII shall be written 7, in form and providing for deductibles reasonably satisfactory to Landlord and any Facility Mortgagee and Landlord, issued by the insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, company or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyits authorized agent, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand thereforTerm Commencement Date. Tenant shall obtainprocure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the Landlord such renewal policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord certificate of renewal at least thirty (30) days’ days before the expiration of any existing policy. All policies shall be issued by companies of recognized responsibility, licensed to do business in the State of New York, reasonably acceptable to Landlord, and maintaining a rating of A-/XI or better in Best's Insurance Reports-Property-Casualty (or ten an equivalent rating in any successor index adopted by Best's or its successor). All policies shall provide that they may not be canceled or modified unless Landlord and all additional insureds and loss payees are given at least thirty (1030) days’ in days prior written notice of such cancellation or modification. If Tenant fails to procure or maintain any insurance required by this Lease and to pay all premiums and charges therefor, Landlord may (but shall not be obligated to) obtain and pay for the same, and Tenant shall reimburse Landlord, within five (5) days after demand, for all such sums paid by Landlord. The proceeds of policies providing "All-Risk" property insurance on the Improvements shall be payable to Landlord, each Senior Interest Holder and Tenant, as their interests may appear. Tenant may carry any insurance coverage required of it hereunder pursuant to blanket policies of insurance so long as the coverage allocated to Landlord and the other additional insureds or loss payees, as the case of non-payment of premium) written notice before the policy or policies in question may be, thereunder shall not be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that less than the coverage required to be maintained by Tenant may that would be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragedirect policies.

Policy Requirements. All of the policies of insurance referred to in this Article XIII Section shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-A” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide. Additionally, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration all of the Term, or insurance referred to in this Section shall be on an occurrence (brather than a claims-made) an extended reporting period of at least three (3) years beyond the expiration of the Termbasis. Tenant shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, shall deliver to Landlord’s reasonable satisfaction, evidence of renewal at least thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be materially altered, allowed to expire or cancelledcanceled. Notwithstanding Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the State of similar size, financial condition, [resident mix and number]; provided, however, that in no event shall the deductibles for any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one medical professional liability policies or more general liability policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageexceed $25,000.00.

Policy Requirements. All Under all policies of insurance which LESSEE is responsible for obtaining, the LESSEE shall be the "named insured" and the LESSOR and the holder of any mortgage on the Premises, if any, shall be named as "additional insureds" or "loss payees" whichever is appropriate. LESSEE agrees to cause the insurance companies issuing the aforesaid policies of insurance to forward to LESSOR policies, memorandum policies, certificates of insurance or policy endorsements consistent with the insurance requirements herein, whichever is requested by LESSOR. In addition to specific requirements set forth above, all policies shall provide for thirty (30) day notice of cancellation to LESSOR and, if requested, to LESSOR'S lender or mortgagee. LESSEE must provide proof of insurance coverage beginning when LESSEE first has access or possession of the Premises, upon LESSEE'S execution of this lease. If requested by LESSOR, insurance against fire or other casualty shall include the interest of the holder of any mortgage on the fee and shall provide that loss, if any, shall be payable to such holder under a standard mortgagee clause. In addition to specific requirements set forth above, all insurance shall be issued by such responsible companies, licensed to do business in the State of Michigan and at minimum A+ rated, as LESSOR shall approve and the policies therefor shall be reasonably satisfactory to LESSOR in form and substance, and shall at all times be held by LESSOR, or, when appropriate, by the holder of any mortgage on the Premises, in which case copies of the policies of insurance referred to in this Article XIII shall be written in form reasonably delivered by LESSEE to LESSOR. All policies which LESSEE obtains shall be non-assessable. LESSEE shall procure policies for all such insurance for periods of not less than one year and shall deliver to LESSOR such policies or certificates thereof with evidence of the payment of premiums thereon and shall procure renewals thereof from time to time at least twenty (20) days before the expiration thereof. LESSEE shall not violate or permit to be violated any of the conditions or provisions of any insurance policies, and LESSEE shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing, satisfactory to Landlord LESSOR or any mortgagee designated by LESSOR, shall be willing to write and/or continue such insurance. LESSEE and LESSOR shall cooperate in connection with the collection of any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and monies that may be due in the event of the failure loss, and LESSEE shall execute and deliver to LESSOR such proofs of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance loss and pay the premiums therefor, in other instruments which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-required for the purpose of obtaining the recovery of any insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragemonies.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by XxxxxxxxLxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All The minimum limits of the policies of insurance referred to required of Tenant under this Lease shall in no event limit the liability of Tenant under this Article XIII Lease. All policies of insurance provided for herein shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder general policy holder's rating of “A-” not less than A and a financial rating of “VII” not less than Class X as rated in the most recent version current available Best's Insurance Reports and qualified to do business in the State of Best’s Key Rating GuideNevada. All such policies shall name Landlord, Xxxxxxxx's first mortgagee or a minimum rating beneficiary, and County as additional insureds and loss payees, which policies shall be for the mutual and joint benefit and protection of “BBB” from Standard & Poor’s Landlord, Tenant, Xxxxxxxx's first mortgagee or equivalentbeneficiary, and County. If Executed copies of such policies of insurance or original certificates thereof shall be delivered to Landlord within ten (10) days after delivery of possession of the Premises to Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of thereafter at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing term of each such policy). All public liability and property damage policies shall contain a provision that Landlord, and in the event although named as an additional insured, shall nevertheless be entitled to recovery under such policies for any loss occasioned to it, its servants, agents, or employees by reason of the failure any act or omission of Tenant either to effect or its servants, agents, employees or contractors. As often as any such insurance in the names herein called for policy shall expire or to pay the premiums thereforterminate, renewal or to deliver such certificates thereof to Landlord, at the times required, Landlord additional policies shall be entitled, but shall have no obligation, procured and maintained by Tenant pursuant to effect such the terms of this Article 10. All policies of insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable delivered to Landlord upon demand therefor. Tenant shall obtain, to must contain a provision that the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the company writing such policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord and all other additional insureds at least thirty (30) days’ (' notice in writing in advance of any cancellation or ten (10) days’ lapse or the effective date of any reduction in the case amount of non-payment or other material change of premium) written notice before the policy or insurance. All public liability, property damage and other casualty policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may shall be provided under one or more policies with various deductibles or self-written as primary policies, and any insurance retentions maintained by Tenant or its Affiliates, subject to Landlord’s approval not to Landlord shall be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property excess insurance policies when issued by the insurers providing such coverageonly.

Policy Requirements. All insurance required or permitted to be maintained pursuant to this Section 1.9 shall (i) be maintained at the sole cost and expense of the policies of insurance referred to in this Article XIII shall Mortgagor; (ii) be written in form reasonably such forms and by such companies as are satisfactory to Landlord Mortgagee (each such company, in any event, shall be authorized to do business in the state where the Premises are situated and any Facility Mortgagee and issued by insurance companies with a minimum policyholder shall have an Xxxxxx X. Best Company, Inc. rating of “A-” and a financial rating of “VII” in "A-:X" or higher); (iii) contain the most recent version of Best’s Key Rating Guidestandard New York State Mortgagee Clause or an equivalent satisfactory to Mortgagee or, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyinsurance as to which the foregoing shall not be applicable, prior provide for Mortgagee to be named as an additional insured; (iv) name Mortgagee as the expiration loss payee; (v) include waivers by all insurers of all rights of subrogation against any named or additional insured, the indebtedness secured hereby and the Mortgaged Property; (vi) except as otherwise agreed to in writing by Mortgagee, provide for no deductible in excess of $50,000 per loss; and (vii) provide that no cancellation (including, without limitation, for nonpayment of premiums), reduction in amount or material change in coverage shall be effective until at least thirty (30) days after receipt by Mortgagee of written notice thereof; (viii) provide that no act or omission or negligence of Mortgagor or any other named insured or violation of warranties, declarations or conditions by Mortgagor or any other named insured shall affect or limit the obligation of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or insurer to pay the premiums thereforamount of any loss sustained; and (ix) contain such other provisions as Mortgagee may require. Mortgagor shall deliver the original policies of insurance to Mortgagee, but Mortgagee shall under no circumstance be deemed to have knowledge of the contents of such policies by reason of its custody thereof. Mortgagor shall deliver to Mortgagee new or renewal policies to replace expiring policies at least thirty (30) days before their respective expiration dates. Each such new or renewal policy shall bear a notation by the insurer or its authorized agent evidencing payment of the required premium. If any policy shall be cancelled by the insurer, become void by reason of any act(s) or omission(s) of Mortgagor or any other person or entity or by reason of the impairment of the capital of the insurer thereunder, or if for any reason in Mortgagee's sole discretion said policy shall become unsatisfactory to Mortgagee, Mortgagor shall immediately procure new or additional insurance satisfactory to Mortgagee. Mortgagee's approval of any insurance procured by Mortgagor shall not be construed, or relied upon by Mortgagor, as a representation of the solvency of any insurer or the sufficiency of any amount of insurance. If Mortgagor shall fail in a timely manner either to keep in force any insurance required under this Mortgage or to deliver such certificates thereof to LandlordMortgagee any policy required hereunder, at Mortgagee shall have the times required, Landlord shall be entitledright, but shall have no obligationnot be obligated, to effect remedy any such insurance and pay failure by the premiums thereforexpenditure of moneys or otherwise, in which event the cost thereof, together with interest thereon at the Overdue Rate, provisions of Section 1.10 below shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageapplicable.

Policy Requirements. All The insurance policies required by Paragraphs 22.1 and 22.2 hereof and any other insurance policies carried by Tenant with respect to the Demised Premises shall (i) be issued in form acceptable to Landlord by good and solvent insurance companies qualified to do business in the jurisdiction in which the Building is located and approved by Landlord; (ii) designate as additional insureds Landlord, Cafritz Company, mortgagees and ground lessors with respect to the Land or the Building, and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be written as primary policy coverage and not contributing to or in excess of any coverage which Landlord may carry; (iv) provide for thirty (30) days prior written notice to Landlord of any cancellation or non-renewal of, or any material change which affects the amount or scope of coverage in, such policy or any defaults thereunder; and (v) contain an express waiver of any right of subrogation by the insurance company against Landlord, Cafritz Company, mortgagees and ground lessors with respect to the Land or the Building, and the employees and agents of each of the policies of foregoing. Neither the issuance of, nor failure to carry any insurance referred policy required hereunder nor the minimum limits specified herein with respect to in this Article XIII Tenant's insurance coverage shall be written deemed to limit or restrict in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating way Tenant's liability arising under or out of “A-” and a financial rating of “VII” in this Lease. On or before the most recent version of Best’s Key Rating GuideLease Commencement Date and, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(ethereafter, not less than thirty (30) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond days before the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and insurance policy in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxquestion, Tenant shall provide deliver to Landlord copies a certificate of the property insurance policies when issued by the insurers providing such coverageinsurer or its agent. Such certificate shall name the Landlord and Landlord's managing agent, mortgagees and others designated by Landlord, as additional insureds.

Policy Requirements. All insurance required to be carried by Landlord or Tenant hereunder shall be issued by responsible insurance companies rated A:IX or better by Best’s Insurance Reports, which may legally issue such a policy in the State of Minnesota. Certificates evidencing the policies existence and amounts of insurance referred policies required to in be carried by Tenant hereunder, or upon the prior request of Landlord, copies of such policies, shall be delivered to Landlord by Tenant at least ten (10) days prior to any Delivery Date. Landlord shall provide Tenant with certificates evidencing the insurance that Landlord is obligated to maintain under this Lease or upon the prior request of Tenant, copies of such policies. Each policy of insurance required to be maintained under this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant 19 shall provide continuous liability that it shall not be cancellable or subject to reduction of coverage for claims arising during or otherwise subject to modification except after thirty (30) days prior written notice to the Term. In the event such “claims made” basis policy is canceled parties named as insureds or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy)additional insureds, Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyLandlord’s property insurance maintained under Section 19.1, to Tenant. Tenant shall, at least seven (7) days prior to the expiration of any policy, furnish Landlord with certificates of renewal or certificates of replacement policies which fully comply with the existing policy), and in the event requirements of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums thereforthis Lease, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to payable by Tenant upon demand. Landlord upon demand therefor. Tenant shall obtainshall, at least seven (7) days prior to the extent available on commercially reasonable termsexpiration of Landlord’s property insurance maintained under Section 19.1, the agreement furnish Tenant with a certificate of each insurerrenewal or certificate of replacement policy. Any policy may be carried under so-called “blanket coverage” form of insurance policies, by endorsement on the provided any such blanket policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees specifically provides that the amount of insurance coverage required to hereunder shall in no way be maintained prejudiced by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued other losses covered by the insurers providing such coveragepolicy.

Policy Requirements. All of the policies of insurance referred to in this Article XIII required hereunder shall be written with companies licensed to do business in form reasonably satisfactory to Landlord Nevada and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating "General Policyholder's Rating" of “A-” A- or better and a "financial rating rating" of “VII” VII or better in the most recent version edition of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever 's Insurance Guide (or converted similar rating service if such guide is no longer published). A certificate issued by the insurance carrier for each policy of insurance required to an “occurrence” basis be maintained by Tenant hereunder, and, upon request of Landlord, a copy of each such policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof be delivered to Landlord prior and all other additional insureds no later than ten (10) days after execution of this Lease and thereafter, as to their effective date policy renewals, within thirty (and with respect to any renewal policy, 30) days prior to the expiration of the existing terms of each such policy), and in the event . Each of the failure said certificates of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement each such policy of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant may hereunder shall be provided under one from an insurer and in form and substance satisfactory to Landlord and shall expressly evidence insurance coverage as required by this Lease and shall contain an endorsement or more policies with various deductibles provision requiring not less than thirty (30) days written notice to Landlord and all other additional insured prior to the cancellation, diminution in the perils insured against, or self-insurance retentions by Tenant or its Affiliates, subject reduction of the amount of coverage of the particular policy in question. In addition to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxthe foregoing certificates, Tenant shall provide at all times during the Term hereof furnish Landlord copies with a current certificate of worker's compensation coverage evidencing coverage at Nevada statutory limits. Each policy of insurance provided for in Section 14.2, shall contain an express waiver of any and all rights of subrogation thereunder whatsoever against Landlord, its officers, agents and employees. All policies to be maintained in this Article 14, shall be written as primary policies and not contributing with or in excess of the property coverage, if any, which Landlord may carry. Any other provision contained in this Article 14 or elsewhere in this Lease notwithstanding, the amounts of all insurance policies when issued required hereunder to be paid by Tenant shall be not less than an amount sufficient to prevent Landlord from becoming a coinsurer. The limits of the insurers providing public liability insurance required to be maintained by Tenant under this Lease shall in no way limit or diminish Tenant's liability under Article 16 hereof and such coveragelimits shall be subject to increase at any time and from time to time during the Term if Landlord, in the exercise of reasonable discretion, deems such an increase to be consistent with the insurance required of other similarly situated tenants in Las Vegas, Nevada and necessary for its adequate protection; provided, however, Landlord may not exercise its right under this sentence more frequently than one time in any calendar year.

Policy Requirements. Any company writing any insurance which Tenant is required to maintain or cause to be maintained under Sections 8.03 and 8.04 as well as any other insurance pertaining to the Leased Premises or the operation of Tenant’s business therein (all such insurance being referred to as “Tenant’s Insurance”) shall at all times be licensed and qualified to do business in the jurisdiction in which the Leased Premises are located and shall have received an A-VII or better rating by the latest edition of A.M. Best’s Insurance Rating Service. All of Tenant’s Insurance may be carried under a blanket policy covering the policies Leased Premises and any other location of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Tenant, if (i) the coverage afforded Landlord and any Facility Mortgagee designees of Landlord shall not be reduced or otherwise adversely affected, and issued by (ii) such blanket policy allocates to the properties and liabilities to be insured under this Article VIII an amount not less than the amount of insurance companies with required to be covered pursuant to this Article VIII, so that the proceeds of such insurance shall not be less than the proceeds that would be available if Tenant were insured under a minimum policyholder rating of “A-” unitary policy. Tenant’s and a financial rating of “VII” in the most recent version of BestTenant’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance contractors Commercial General Liability policies shall name Landlord and/or its designees described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy8.03(A), Tenant above as additional insured, and Tenant’s property insurance policies shall either obtain (aname Landlord and/or its designees as loss payee for Leasehold Improvements and betterments. All policies of Tenant’s Insurance shall, if available from the insurer, contain endorsements requiring the insurer(s) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of give to all additional insureds at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (advance Notice of any reduction, cancellation, termination or non-renewal of said insurance. If such endorsement is not available, then Tenant shall notify Landlord in writing of any potential cancellation or material modification of Tenant’s insurance policies of which Tenant has knowledge at least ten (10) days’ Business Days before any such insurance shall be cancelled or modified. Tenant shall be solely responsible for payment of premiums for all of Tenant’s Insurance. Tenant shall deliver to Landlord at least fifteen (15) days prior to the time Tenant’s Insurance is first required to be carried by Tenant, and upon renewals within three (3) days from the expiration of the term of any such insurance policy (provided, however, in no event shall Tenant allow any such insurance to lapse at any time during the case Term), a certificate of insurance of all policies of Tenant’s Insurance. The limits of Tenant’s Insurance shall not limit Tenant’s liability under the Lease, at law, or in equity. Tenant’s Commercial General Liability Insurance shall be primary and non-payment contributory with respect to Landlord’s liability arising out of premium) written notice before the policy act or policies in question shall be alteredomission of Tenant, allowed its officers, agents, contractors, employees. If Tenant fails to expire or cancelled. Notwithstanding any provision deposit a certificate of insurance with Landlord (which shows compliance with the provisions of this Article XIII to the contraryVIII) within three (3) days after Notice from Landlord, Landlord acknowledges may acquire such insurance, and agrees Tenant shall pay Landlord the amount of the premium applicable thereto within five (5) days following Notice from Landlord. Neither the insurance requirements set forth in the Lease nor the Landlord’s review and approval of any insurer or insurance policy shall be deemed to limit the Tenant’s obligations under this Lease or the Tenant’s underlying liability in any manner. The insurance requirements herein merely prescribe the minimum amounts and forms of insurance coverage that the coverage Tenant and their contractors are required to be maintained carry. Any failure by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject the Landlord to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies enforce in a timely manner any of the property insurance policies when issued by provisions of the insurers providing Lease shall not act as a waiver to enforcement of any of such coverageprovisions at a later date.

Policy Requirements. All of the policies Each policy of insurance referred required to in this Article XIII be carried by Tenant shall be written in on a form reasonably satisfactory to Landlord; and shall be issued by a company rated not less than A:X in Best’s Insurance Guide and authorized to do insurance business in the State where the Building is located. All Tenant’s liability policies shall name as additional insureds (a) Landlord, (b) Landlord’s agents for asset and property management (which agents, as of the date hereof are AEGON USA Realty Advisors, Inc. and Xxxx Enterprises Real Estate Group, respectively), (c) any Superior Interest Holders of which Tenant has been given notice, and (d) all Tenant Protected Parties who are not automatically included as additional insureds under such policies. Landlord and any Facility Mortgagee and issued Superior Interest Holders designated by Landlord shall be named as additional insureds (or as mortgagee, as required), as their interests may appear. Tenant may provide any of its required insurance companies coverage under blanket policies, but only upon furnishing Landlord with a minimum policyholder rating of “A-per location” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guideendorsement confirming that such coverage shall not be limited, diminished, or reduced as a minimum rating result thereof. Tenant shall structure its property and business income insurance policies so that no coinsurance penalty shall be imposed and no valuation shortfalls shall occur. No deductible (including any self-insured retention) under any policy of “BBB” from Standard & Poor’s or equivalentinsurance carried by Tenant shall exceed Ten Thousand Dollars ($10,000.00). If Tenant obtains and maintains the general liability fails to procure or maintain insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Termcoverages as provided above, or fails to timely deliver any certificates or policies as required by this Lease, Landlord shall have the right (bbut not the obligation) an extended reporting period of at least three (3) years beyond the expiration of the Term. to procure and maintain coverage, and Tenant shall pay Landlord all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and costs in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or connection therewith as Additional Rent within ten (10) days’ days following Landlord’s invoice therefor. Tenant shall, at its own expense, procure and maintain any additional insurance coverage that Landlord or the holder of any Superior Interest may reasonably require from time to time; provided, however, Landlord shall not require any subsequent modification to Tenant’s insurance coverage that would result in such coverage exceeding the scope or amount of coverage typically being required by institutional landlords for comparable tenants entering into new leases for comparable amounts of space for comparable uses in the case greater metropolitan area in which the Building is located. All Tenant’s liability insurance shall be primary, and any liability insurance carried by Landlord, any Landlord Protected Party, and the holder of non-any Superior Interest shall be strictly excess, secondary, and noncontributing with any insurance carried by Tenant. No insurance coverage limits shall limit the liability of Tenant. Tenant shall be solely responsible for the payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or all premiums for its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageand no additional insured, loss payee or mortgagee shall have any obligation therefor.

Policy Requirements. All of the policies of insurance referred to in this Article XIII Section 13.1 shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-A” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide. Additionally, or a minimum rating all of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described referred to in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever subsections 13.1.1 (or converted to an “occurrence” basis policya), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) (c), (e) and (f) shall be on an extended reporting period of at least three occurrence (3rather than a claims-made) years beyond the expiration of the Termbasis. Tenant shall pay all of the premiums therefor, and deliver certificates thereof for the policies required under Section 13.1.1, to Landlord prior to their effective date (and with respect to any renewal policy, shall deliver to Landlord’s reasonable satisfaction, evidence of renewal at least thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be materially altered, allowed to expire or cancelledcanceled. Notwithstanding Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the State of similar size, financial condition; provided, however, that in no event shall the deductibles for any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one medical professional liability policies or more general liability policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageexceed $25,000.00.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide, or . The property loss insurance policy shall contain a minimum rating of “BBB” from Standard & Poor’s or equivalentReplacement Cost Endorsement. If Tenant obtains and maintains the general liability or professional malpractice insurance described in Section Sections 13.1(e) or (f) above on a “claims claims-made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Landlord in the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (whatsoever, or converted to an “occurrence” basis policy), Tenant shall by obtaining either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting retroactive coverage back to the commencement date (which date shall be at least three (3) years prior to the expiration of the Term) for the policy in effect prior to the expiration of the Term and maintaining such coverage for a period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant Tenant, including but not limited to the coverages required under Sections 13.1(e) and (f) and any workers’ compensation insurance, may be provided under one or more policies with various deductibles or of self-insurance retentions maintained by Guarantor and/or Tenant or its their respective Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII provided for herein shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with that have a minimum policyholder general policyholder's rating of “A-” not less than "A" and a financial rating equivalent to a policyholder's surplus of “VII” at least One Hundred Million Dollars ($100,000,000), as rated in the most recent version of current available "Best’s Key Rating Guide's" Insurance Reports, and that have been admitted or a minimum rating of “BBB” from Standard & Poor’s qualified to do business in the state where the Shopping Center is located by the insurance commission or equivalentother highest board, body or official responsible for overseeing the insurance business in such state. If Tenant obtains and maintains the Tenant's general liability insurance described policy as required in Section 13.1(e13.1(a) above on a “claims made” basisshall contain cross-liability endorsements. All policies of insurance provided for herein (with the exception of workers' compensation insurance) shall name Landlord, Landlord's property manager, all Mortgagees and such other individuals or entities as Landlord may from time to time designate, as "additional insureds." Certificates of all insurance required of Tenant hereunder expressly providing for the waiver of subrogation as required in Section 13.4 shall be delivered to Landlord at least ten (10) days prior to the Commencement Date. Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord least thirty (30) days’ days prior to expiration, certificates of insurance to evidence any renewal or additional insurance procured by Tenant. All certificates of insurance delivered to Landlord shall contain an agreement by the company issuing said policy to give Landlord twenty (or ten (1020) days’ in the case of non-payment of premium) ' advance written notice before the policy of any cancellation, lapse, reduction or other adverse change respecting such insurance. All commercial general liability insurance, property damage or other casualty policies in question shall be alteredwritten as primary policies, allowed not contributory with or secondary to expire or cancelledcoverage that Landlord may carry. Notwithstanding any provision of this Article XIII anything to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxcontrary contained herein, Tenant shall provide Landlord copies be permitted to have Tenant's primary commercial general liability insurance policy written in a lesser amount than specified in Section 13.1(a) (in no event less than fifty percent [50%] of the property required coverage) provided Tenant carries and maintains an "excess liability" and/or "umbrella policy" to cover the balance of the required coverage and provided that all the requirements set forth herein are otherwise satisfied. Further, Tenant shall be permitted to have any required insurance policies when issued by covered as part of a blanket policy with a so called "agreed amount endorsement" for the insurers business conducted upon the Premises providing such coveragethe insurance coverage required under this Lease.

Policy Requirements. All of the policies Each policy of insurance referred required to in this Article XIII be carried by Tenant shall be written in on a form reasonably satisfactory to Landlord; and shall be issued by a company rated not less than A:X in Best’s Insurance Guide and authorized to do insurance business in the State where the Building is located. All Tenant’s liability policies shall name as additional insureds (a) Landlord, (b) Landlord’s agents for asset and property management (which agents, as of the date hereof are AEGON USA Realty Advisors, Inc. and Lxxx Enterprises Real Estate Group, respectively), (c) the holders of any Superior Interests of which Tenant has been given notice, and (d) all Tenant Protected Parties who are not automatically included as additional insureds under such policies. Landlord and any Facility Mortgagee and issued Superior Interest Holders designated by Landlord shall be named as additional insureds (or as mortgagee, as required), as their interests may appear. Tenant may provide any of its required insurance companies coverage under blanket policies, but only upon furnishing Landlord with a minimum policyholder rating of “A-per location” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guideendorsement confirming that such coverage shall not be limited, diminished, or reduced as a minimum rating result thereof. Tenant shall structure its property and business income insurance policies so that no coinsurance penalty shall be imposed and no valuation shortfalls shall occur. No deductible (including any self-insured retention) under any policy of “BBB” from Standard & Poor’s or equivalentinsurance carried by Tenant shall exceed Ten Thousand Dollars ($10,000.00). If Tenant obtains and maintains the general liability fails to procure or maintain insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Termcoverages as provided above, or fails to timely deliver any certificates or policies as required by this Lease, Landlord shall have the right (bbut not the obligation) an extended reporting period of at least three (3) years beyond the expiration of the Term. to procure and maintain coverage, and Tenant shall pay Landlord all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and costs in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or connection therewith as Additional Rent within ten (10) days’ days following Landlord’s invoice therefor. Tenant shall, at its own expense, procure and maintain any additional insurance coverage that Landlord or the holder of any Superior Interest may reasonably require from time to time; provided, however, Landlord shall not require any subsequent modification to Tenant’s insurance coverage that would result in such coverage exceeding the scope or amount of coverage typically being required by institutional landlords for comparable tenants entering into new leases for comparable amounts of space for comparable uses in the case greater metropolitan area in which the Building is located. All Tenant’s liability insurance shall be primary, and any liability insurance carried by Landlord, any Landlord Protected Party, and the holder of non-any Superior Interest shall be strictly excess, secondary, and noncontributing with any insurance carried by Tenant. No insurance coverage limits shall limit the liability of Tenant, and no act or omission of Tenant shall limit, void or otherwise reduce the obligation of any insurer to pay the amount of the loss sustained. Tenant shall be solely responsible for the payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or all premiums for its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageand no additional insured, loss payee or mortgagee shall have any obligation therefor.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheldwithheld and which approval shall be deemed to have been granted unless a written response is delivered by Landlord to Tenant within the applicable Deemed Approval Period provided for in Section 35.2. Upon written request by XxxxxxxxLxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event Landlord or Tenant (such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted party as the case may be being hereinafter referred to an “occurrence” basis policy), Tenant as the "Maintaining Party") shall either obtain (a) “tail” fail to maintain the insurance coverage converting the policies required to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Termbe carried by such party under this Lease, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or fail to pay the premiums thereforwhen due, or the other party (such party being hereinafter referred to deliver such certificates thereof to Landlord, at as the times required, Landlord shall be entitled, but "Non-Maintaining Party") shall have no obligationthe right, upon five (5) Business Days prior written notice to the Maintaining Party, to effect cause such insurance to be issued and to pay the premiums therefortherefore, or any premiums in which event default (and if Landlord is the cost thereofNon-Maintaining Party, to collect same as Additional Rent) together with interest thereon at the Overdue RateDefault Rate on the amount of such premiums from the date of payment by the Non-Maintaining Party until the date of repayment by the Maintaining Party (provided that if Tenant is the Non-Maintaining Party, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, have the right to off-set such amount from Rent). All such policies shall contain a provision that the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or Non-Maintaining Party shall receive not less than ten (10) days’ days advance notice in writing from the insurance company of any intention of the insurance company to cancel such policy or policies, and shall contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured has waived its right of action against any party prior to the occurrence of a loss. The Maintaining Party shall provide written evidence to the Non-Maintaining Party of its acquisition of such policies prior to this Lease Commencement Date and prior to any renewal date of such policies. All policies shall be carried with an insurance company qualified to do business in the case State of non-payment of premium) written notice before Maryland and rated A- VII or better by the policy or A.M. Best Company. The policies in question maintained by Landlord shall contain only such reasonable deductible amounts as may be altered, allowed to expire or cancelledreasonably approved by Tenant. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be The policies maintained by Tenant shall contain only such reasonable deductible amounts as may be provided under one or more policies with various deductibles or self-insurance retentions reasonably approved by Tenant or its AffiliatesLandlord. Notwithstanding the foregoing, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property hereby approves a deductible amount for Tenant's insurance policies when issued by the insurers providing such coverageof up to Two Hundred Fifty Thousand Dollars ($250,000).

Policy Requirements. All of the policies of insurance referred required to in this Article XIII be carried by Tenant shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder general policyholder's rating of “A-” not less than A and a financial rating of “VII” not less than Class VII as rated in the most recent version current available Best's Insurance Reports and qualified to do business in the State of Best’s Key Rating GuideColorado. All such policies shall make Landlord and Landlord's managing agent additional insureds and, if requested, Landlord's first mortgagee or a minimum rating beneficiary. Such policies shall be for the mutual and joint benefit and protection of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisLandlord, Landlord's managing agent, Tenant and Landlord's first mortgagee or beneficiary. Executed copies of such policies of insurance or certificates shall provide continuous liability coverage for claims arising during be delivered to Landlord before Landlord delivers possession of the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted Premises to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of and thereafter at least three thirty (330) years beyond days before the expiration of the Termterm of each such policy. Any such certificate shall include copies of all endorsements including without limitation, those which designate such additional insureds and those which evidence Tenant's insurers' waivers of subrogation and agreements to give the notices specified. All public liability and property damage policies shall contain a provision that Landlord, although an additional insured, shall nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents and employees by reason of any act or (b) an extended reporting period omission of Tenant or its servants, agents, employees or contractors. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant in like manner and to like extent. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not in excess of, coverage which Landlord may carry. All policies of insurance must contain a provision that the company writing said policy will give Landlord at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (' notice in writing in advance of any cancellation or lapse, except for nonpayment of premium in which event ten (10) days’ ' notice shall be given, and thirty (30) days' notice of the effective date of any reduction in the case amount of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageinsurance.

Policy Requirements. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies, qualified to do business in the State of Nevada and reasonably acceptable to Landlord. Insurance companies rated A-1 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants and which are reasonably acceptable to Landlord. Each policy shall name Landlord and Landlord's lender as additional insured, as their interests may appear, and copies of all policies together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least thirty (30) days prior to Tenant's occupancy of any portion of the policies of insurance referred to in this Article XIII Premises. No such policy shall be cancelable except after thirty (30) days written in form reasonably satisfactory notice to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating GuideLandlord. Tenant shall, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor"binders" thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Section 9.3 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of the policies of The insurance referred to in this Article XIII coverages required above shall be written insured under policies: (a) in form reasonably satisfactory to Landlord and any Facility Mortgagee and the Mortgagee; (b) issued by insurance companies reasonably satisfactory to the Mortgagee; (c) endorsed with a minimum policyholder rating standard mortgagee clause in favor of “A-” the Mortgagee providing not less than thirty days' notice to the Mortgagee of any cancellation or change in coverage; (d) endorsed to name the Mortgagee as additional insured and, subject only to Permitted Encumbrances (if any), as loss payee; and a financial rating (e) not subject to contribution or co-insurance. Certificates of “VII” insurance, addressed to the Mortgagee, evidencing such insurance coverage, may be delivered to the Mortgagee in lieu of the most recent version policies therefor, but only if the Mortgagor provides to the Mortgagee copies of Best’s Key Rating Guidesuch policies. Certificates shall be delivered to the Mortgagee on or before the date of this Mortgage and, or a minimum rating thereafter, at least thirty (30) days before expiration of “BBB” from Standard & Poor’s or equivalentthe existing policies. If Tenant obtains and maintains any insurance required under this Mortgage is canceled, expires, becomes void or voidable or otherwise becomes unsatisfactory to the general liability Mortgagee pursuant to the terms hereof, the Mortgagor shall place or cause to be placed new insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the TermMortgaged Property reasonably satisfactory to the Mortgagee. In the event of any loss, Mortgagee may make proof of loss if not made promptly by the Mortgagor. Each insurance company concerned is hereby authorized and directed to make payment under such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted insurance including return of unearned premiums, directly to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies Mortgagee instead of to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of Mortgagor and the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums thereforMortgagee jointly, and deliver certificates thereof the Mortgagor appoints the Mortgagee, irrevocably, as the Mortgagor's attorney-in-fact to Landlord prior to their effective date (and with respect to endorse any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums draft therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred (the "POLICIES") required pursuant to in this Article XIII paragraph: (i) shall be issued by companies approved by Lender and licensed to do business in the state where the Property is located, with a rating of "A" or better for claims paying ability assigned by Moodx'x Xxxestors Services, Inc. and Standard & Poor's Ratings Services, a division of McGrxx-Xxxx Xxxpanies, Inc., or a general policy rating of "A" or better and a financial class of "VIII" or better assigned by A.M. Best Company, Inc.; (ii) shall name Lender and its successors and/or assigns as their interests may appear as the Lender; (iii) shall contain a Non-Contributory Standard Lender Clause and a Lender's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by that insurance company shall be paid; (iv) shall contain a waiver of subrogation against Lender; (v) shall be maintained throughout the Term without cost to Lender; (vi) shall be assigned and certified copies delivered to Lender; (vii) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including, without limitation, endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under those Policies and that Lender shall receive at least 30 days prior written notice of any modification, reduction or cancellation; and (viii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for those Policies (the "INSURANCE PREMIUMS") as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of that payment reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating Lender (provided, however, that Borrower is not required to furnish that evidence of “A-” and a financial rating of “VII” payment to Lender in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalentevent that such Insurance Premiums have been paid by Lender pursuant to Paragraph 13.A hereof). If Tenant obtains Borrower does not furnish that evidence and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of receipts at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, 30 days prior to the expiration of the existing policy)any expiring Policy, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitledthen Lender may procure, but shall have no obligationnot be obligated to procure, to effect such that insurance and pay the premiums Insurance Premiums therefor, in which event and Borrower agrees to reimburse Lender for the cost thereofof those Insurance Premiums promptly on demand. Within 30 days after request by Lender, together with interest thereon at the Overdue Rate, Borrower shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ obtain such increases in the case amounts of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant hereunder as may be provided under one or more policies with various deductibles or self-insurance retentions reasonably requested by Tenant or its AffiliatesLender, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxtaking into consideration changes in the value of money over time, Tenant shall provide Landlord copies of changes in liability laws, changes in prudent customs and practices, and the property insurance policies when issued by the insurers providing such coveragelike.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord Lessor and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” "A" and a financial rating of “VII” "VIII" in the most recent version of Best’s 's Key Rating Guide. Additionally, or except as otherwise provided in this Lease, all of the insurance referred to in this Article shall be on an occurrence (rather than a minimum rating claims-made) basis. With respect to the insurance referenced in Sections 13.1.5 (general liability), 13.1.6 (medical professional liability) and 13.1.7 (excess liability), Lessee shall be permitted to use a claims made policy form if an occurrence based policy is not available on commercially reasonable terms; provided, however, that Lessee shall secure so-called "tail coverage" (i.e., coverage extended beyond the occurrence of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described claim) for not less than the applicable statute of limitations for such claim following the termination of any claims made coverage (in Section 13.1(e) above on a “claims made” basisother words, Tenant such "tail coverage" shall provide continuous liability reasonably approximate the coverage provided by occurrence coverage for claims arising during the Term. In period from the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period date of at least three (3) years beyond the expiration termination of the Term, or (b) an extended reporting period policy through the applicable statute of at least three (3) years beyond the expiration of the Termlimitations). Tenant Lessee shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord Lessor prior to their effective date (and with respect to any renewal policy, at least thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Tenant Lessee either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to LandlordLessor, at the times required, Landlord Lessor shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord Lessor upon demand therefor. Tenant Each insurer shall obtain, to the extent available on commercially reasonable terms, the agreement of each insureragree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to LandlordLessor, that it will give to Landlord Lessor thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) ' written notice before the policy or policies in question shall be altered, allowed to expire or cancelledcanceled. Notwithstanding any provision of this Article XIII to Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageState.

Policy Requirements. All of insurance required under this Section 2.06 shall be fully paid for, nonassessable, and the policies of insurance referred to in this Article XIII shall contain such provisions, endorsements, and expiration dates as Lender shall reasonably require. The policies shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with authorized to do business in the applicable Property State, Approved by Lender, and must be rated “A” or better by A.M. Best (or if a minimum policyholder rating by A.M. Best is no longer available, a similar rating from a similar or successor service) and have a Financial Size Category of “A-X” and a financial rating or higher. Companies with A.M. Best ratings of “VIIB” or “C” with reinsurance endorsements are not acceptable. In addition, all policies shall (i) in the most recent version case of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in required by Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy2.06(a), Tenant shall either obtain (a) “tail” insurance coverage converting include a standard mortgagee clause, without contribution, in the policies to “occurrence” basis policies providing coverage for a period name of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date Lender (and with respect to any renewal policythat of its subsidiaries’, prior to the expiration of the existing policyAffiliates’, successors’ and assigns’), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, (ii) to the extent available on commercially reasonable termssuch insurance carrier will so agree to provide, the agreement of each insurerprovide that they shall not be canceled, by endorsement on the policy or policies issued by itamended, or by independent instrument furnished to Landlord, that it will give to Landlord materially altered (including reduction in the scope or limits of coverage) without at least thirty (30) days’ (or prior written notice to Lender except in the event of cancellation for non-payment of premium, in which case only ten (10) days’ prior written notice will be given to Lender, and (iii) include a waiver of subrogation clause substantially equivalent to the following: “The Company may require from the Insured an assignment of all rights of recovery against any party for loss to the extent that payment therefor is made by the Company, but the Company shall not acquire any rights of recovery which the Insured has expressly waived prior to loss, nor shall such waiver affect the Insured’s rights under this policy”. If any insurance carrier refuses to agree that any policy will not be canceled, amended, or materially altered (including reduction in the case scope or limits of coverage) without at least thirty (30) days’ prior written notice to Lender except in the event of cancellation for non-payment of premium, in which case only ten (10) days’ prior written notice will be given to Lender, Borrower shall provide notice of any of the foregoing to Lender on or before the policy later of (A) the time such notice would have been required from the insurer or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision (B) two (2) Business Days following Borrower’s receipt of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragenotice.

Policy Requirements. All The insurance required to be obtained by Tenant under this Article: (a) shall be issued by an insurance company of recognized reputability licensed to do business in the policies State of Tennessee, which is rated A-/X or better by Best's Key Rating Guide. and (b) shall be primary and not be concurrent in form or contributing with any other coverage which Tenant or Landlord may carry, and (c) shall name Landlord and each Senior Interest Holder as an additional insured on Tenant's commercial general liability insurance referred policy. Neither the issuance of any insurance policy required under this Lease, nor the minimum limits specified herein with respect to Tenant's insurance coverage, shall be deemed to limit or restrict in any way Tenant's liability arising under this Lease. The dollar amounts set forth in this Article XIII shall be written in form reasonably satisfactory subject to review by Landlord and any Facility Mortgagee each Senior Interest Holder from time to time during the term and issued may be increased by Landlord in accordance with the requirements generally imposed by landlords from time to time at First-Class Office Buildings. With respect to each insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guidepolicy required to be obtained by Tenant under this Article, or a minimum rating of “BBB” within ten (10) days after written request from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisLandlord, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect satisfactory evidence that such insurance is in effect and satisfies the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereofrequirements of this Article, together with interest thereon at the Overdue Rate, shall evidence of payment of all applicable premiums. Each insurancer) policy required to be repayable to Landlord upon demand therefor. carried hereunder by or on behalf of Tenant shall obtainprovide (and any, to certificate evidencing the extent available on commercially reasonable terms, the agreement existence of each insurer, by endorsement on the such insurance policy shall certify) that such insurance policy shall not be cancelled or policies issued by it, or by independent instrument furnished to Landlord, that it will give to modified unless Landlord shall have received thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) ' prior written notice before of such cancellation or modification. Landlord shall have the policy or policies in question shall be altered, allowed right to expire or cancelled. Notwithstanding any provision of this Article XIII require Tenant to the contrary, Landlord acknowledges and agrees that the coverage required cause to be maintained delivered a copy (certified by Tenant may as a true, correct and complete copy) of any required policy and shall not be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject limited to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies accepting a certificate of the property insurance policies when issued by the insurers providing such coverageinsurance.

Policy Requirements. All of the policies Each policy of insurance referred to herein shall (a) be in this Article XIII shall be written in a form and with a company reasonably satisfactory to Landlord the Commission and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” eligible to issue policies in the most recent version Commonwealth of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or Massachusetts; (b) an extended reporting period of other than Workers’ Compensation and Employer’s Liability, name the Commission as additional insureds on a primary basis; (c) provide that it shall not be materially altered or cancelled by the insurer during its term without first giving at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ prior written notice to the Commission; (d) provide that any act or omission of Tenant or the Commission shall not prejudice the rights of the Commission as a party insured under said policy; (e) be subject to a commercially reasonable deductible in an amount generally maintained by companies of similar size, which amount shall be stated on the policy or certificate of insurance. Prior to occupancy of the Premises (or any portion thereof), Tenant shall submit evidence of each policy of insurance required hereunder to the Commission, and Tenant shall deliver to the Commission not less than thirty (30) days prior to the expiration of any then-current policy, notice of such expiration, and evidence of renewal or replacement of such policy in replacement thereof. Upon request, Tenant shall deliver copies of such insurance policies to the Commission. Tenant acknowledges that the minimum insurance limits and types established herein may become inadequate during the Term, and Tenant agrees that it shall provide such types of insurance and increased limits at commercially reasonable levels that the Commission may reasonably require during the Term. Without limiting the Commission’s other rights under any other provisions of this Lease, if Tenant shall fail to keep the Premises insured as provided herein, and if such failure shall continue for a period of ten (10) days’ in the case of non-payment of premium) days following written notice before by The Commission to Tenant thereof, then the policy or policies Commission, without further notice to Tenant, may take out and pay for such insurance, and the amount of such payment shall become due and payable as Additional Rent on demand. Tenant’s failure to provide and continue in question force any insurance coverage required under this Agreement shall be altered, allowed to expire or cancelled. Notwithstanding any provision deemed a material breach of this Article XIII to Agreement, and shall constitute sufficient grounds for the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to LandlordCommission’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageimmediate termination hereof.

Policy Requirements. All of the policies The party obligated to obtain and maintain any insurance policy hereunder shall deliver an original certificate of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” (on Xxxxx Form 27 or its equivalent in the most recent version case of Best’s Key Rating Guidecasualty and on insurance company letterhead in the case of liability or in a form otherwise acceptable to Landlord) evidencing such insurance to the other party prior to the Commencement Date, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basisthereafter, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three thirty (330) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, days prior to the expiration of any such coverage or policy. All insurance required to be maintained by Tenant hereunder shall be written by insurance companies: (i) rated A-/X or better in “Best’s Insurance Guide” (or any substitute guide acceptable to Landlord); (ii) authorized to do business in the existing policy)State of Nevada; and (iii) of recognized responsibility and which are satisfactory to Landlord. Any deductible amounts under Tenant’s business interruption coverage may not exceed two (2) days income. All certificates for Tenant’s General Liability Insurance shall expressly provide that the coverage evidenced thereby shall be primary and that any policies carried by Prime Landlord or Landlord shall be excess and noncontributory with Tenant’s primary insurance. All insurance policies described in this Article VII shall be endorsed to provide Prime Landlord, Landlord and Tenant, as applicable, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums thereforany case, or to deliver such certificates thereof to LandlordMortgagee, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (notice of cancellation or ten (10) days’ change in terms. If either party shall fail to procure the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by it under this Article VII in a timely fashion or to deliver such certificates to the other party, the other party may, at its option upon written notice to the obligated party, procure the same for the account of the obligated party. If Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxis the obligated party, Tenant shall provide pay Landlord copies the cost thereof as Additional Rent. If Landlord is the obligated Party, and Landlord does not reimburse Tenant the cost thereof within thirty (30) days after written demand by Tenant to Landlord, Tenant shall have the right to offset and deduct the cost thereof from its next installment(s) of the property insurance policies when issued by the insurers providing such coverageBase Rent.

Policy Requirements. All Concurrent with the execution of this Lease, Lessee shall provide proof of insurance coverage required in Sections 6.01, 6.02, 6.03 and 6.04, herein, by providing a certificate(s) of Xxxxxx's insurance coverage, a copy of the policies declarations page of each insurance referred policy, and a copy of all endorsement(s) applicable to the insurance required herein. The certificate(s) of insurance, or endorsement(s) attached thereto, shall provide that: (a) insurance coverage shall not be canceled, changed in this Article XIII coverage, or reduced in limits without at least thirty (30) days prior written notice to Lessor; (b) Lessor, and its agents, officers, servants, and employees are named as additional insureds; (c) the policy shall be written in form reasonably satisfactory to Landlord considered primary and non-contributory as regards any other insurance coverage Lessor may possess, including any self-insured retention or deductible Lessor may have, and any Facility Mortgagee other insurance coverage Lessor may possess shall be considered excess insurance only; (d) the limits of liability required therein are on an occurrence basis; and issued by insurance companies (e) the policy shall be endorsed with a minimum policyholder rating severability of “A-” interest or cross-liability endorsement, providing that the coverage shall act for each insured and each additional insured, against whom a financial rating claim is or may be made in a manner as though a separate policy had been written for each insured or additional insured; however, nothing contained herein shall act to increase the limits of “VII” liability of the insurance company. Any deductibles must be declared in writing to and approved by Xxxxxx. At the most recent version option of Best’s Key Rating GuideLessor, either (a) Lessee shall reduce or eliminate such deductibles as respects Lessor; or (b) Lessee shall procure a minimum rating bond equal to the amount of “BBB” from Standard & Poor’s such deductibles or equivalentself-insured retentions guaranteeing payment of losses and related investigations, claims administration and defense expenses (including attorneys' fees, court costs and expert fees). If Tenant obtains the insurance coverage required herein is canceled, changed in coverage or reduced in limits, Lessee shall, within fifteen (15) days, but in no event later than the effective date of cancellation, change or reduction, provide to Lessor a certificate showing that insurance coverage has been reinstated or provided through another insurance company. Upon failure to provide such certificate, without further notice and maintains at its option, Lessor may, in addition to all its other remedies, procure insurance coverage at Lessee's expense whereupon Lessee promptly shall reimburse Lessor for such expense. The Lessor reserves the general liability right to modify its insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Termrequirements to reflect operational and market conditions. In the event such “claims made” basis policy is canceled or not renewed that Lessee shall at any time fail to provide Lessor with the insurance required herein, Lessor may immediately terminate this Lease. The limits of the Lessee’s insurance policies shall not, in any manner, be deemed as a limitation to the Lessee’s obligation to indemnify, protect, defend and hold harmless Lessor as specified in this Lease, except for the effect of any reason whatsoever (or converted to an “occurrence” basis policy), Tenant waiver of subrogation as provided below. The Lessee shall either obtain (a) “tail” procure and maintain insurance coverage converting the policies to “occurrence” basis policies providing coverage for from an insurance company or companies possessing a period financial strength rating of at least three (3) years beyond the expiration A- and a financial size category of the Term, VII or (b) higher from A.M. Best or an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageequivalent rating service.

Policy Requirements. All of The insurance policies required by Paragraphs 22.1 and 22.2 hereof and any other insurance policies carried by Tenant with respect to the policies of insurance referred to in this Article XIII Demised Premises shall (i) be written issued in form reasonably satisfactory acceptable to Landlord by good and any Facility Mortgagee and issued by solvent insurance companies with a minimum policyholder rating of “A-” qualified and a financial rating of “VII” licensed to do business in the most recent version of jurisdiction in which the Building is located and having a Best’s Key Rating Guide, or a minimum 's rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three A-XII; (3ii) years beyond designate as additional insureds (with respect to liability policies) and as loss payee (with respect to casualty policies) Landlord, Cafritz Company, mortgagees and ground lessors with respect to the Land or the Building, and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant; (iii) be written as primary policy coverage and not contributing to or in excess of any coverage which Landlord may carry; (iv) provide for thirty (30) days prior written notice to Landlord of any cancellation or non-renewal of such policy or any defaults thereunder; and (v) contain an express waiver of any right of subrogation by the insurance company against Landlord, Cafritz Company, mortgagees and ground lessors with respect to the Land or the Building, and the employees and agents of each of the foregoing. Neither the issuance of, nor failure to carry any insurance policy required hereunder nor the minimum limits specified herein with respect to Tenant's insurance coverage shall be deemed to limit or restrict in any way Tenant's liability arising under or out of this Lease. On or before the Lease Commencement Date and, thereafter, not less than thirty (30) days before the expiration of the Terminsurance policy in question, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to a certificate of insurance issued by the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for insurer or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereofits agent, together with interest thereon at the Overdue Rate, shall be repayable evidence satisfactory to Landlord upon demand therefor. Tenant shall obtain, to of the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premiumall premiums for such policy, as to (1) written notice before the each policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage insurance required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-this Lease, and (2) upon request of Landlord, each policy of insurance retentions required by Tenant or its Affiliates, subject to Landlord’s approval not Paragraph 22.7 hereof to be unreasonably withheldmaintained by any contractor then performing work on the Demised Premises. Upon written request Such certificate shall name the Landlord and Landlord's managing agent, mortgagees and others reasonably designated by XxxxxxxxLandlord, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageas additional insureds.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, ,in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of the policies of insurance referred to in this Article XIII Section shall be written in form reasonably satisfactory to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-A” and a financial rating of “VIIX” in the most recent version of Best’s Key Rating Guide. Additionally, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration all of the Term, or insurance referred to in this Section shall be on an occurrence (brather than a claims-made) an extended reporting period of at least three (3) years beyond the expiration of the Termbasis. Tenant shall pay all of the premiums therefor, and deliver such policies or certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, shall deliver to Landlord’s reasonable satisfaction, evidence of renewal at least thirty (30) days prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such policies or certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, endeavor to the extent available on commercially reasonable terms, the agreement of have each insurerinsurer agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will endeavor to give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be materially altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxxcanceled; however, Tenant shall provide Landlord copies not be in default hereunder if the insurance company refuses to agree to such notice. Each policy shall have a deductible or deductibles, if any, which are no greater than those normally maintained for similar facilities in the State of the property insurance policies when issued by the insurers providing such coveragesimilar size, financial condition.

Policy Requirements. All of the policies Each policy of insurance referred to required herein shall (a) be in this Article XIII shall be written in a form reasonably and with a company satisfactory to Landlord the Authority which is authorized to do business in the Commonwealth of Massachusetts and any Facility Mortgagee and issued by insurance companies with which has a minimum policyholder Best rating of “A-” “ or better; (b) (other than on the workers’ compensation and employers’ liability policies) name the Authority, its members, officers, employees and agents as additional insureds on a financial rating primary basis; (c) provide that it shall not be altered or canceled by the insurer during its term without first giving at least thirty (30) days prior written notice to the Authority; (d) provide that any act or omission of “VII” Tenant or the Authority shall not prejudice the rights of the Authority as a party insured under said policy, notwithstanding the fact that the Authority has agreed that the proceeds of such insurance shall be used in the most recent version restoration or rebuilding of Best’s Key Rating Guidethe Premises; and (e) be subject to a commercially reasonable deductible amount, which amount shall be stated on the policy or a minimum rating certificate of “BBB” from Standard & Poor’s or equivalentinsurance. If Tenant obtains and maintains the The commercial general liability insurance described policy shall be endorsed specifically to recognize and insure the indemnification provision appearing in Section 13.1(e) above on a “claims made” basis10.4 of this Lease. Prior to occupancy of the Premises (or any portion thereof), Tenant shall submit evidence of each policy of insurance required hereunder to the Authority and evidence of additional insured status by means of an additional insured endorsement or blanket additional insured endorsement, and Tenant shall deliver to the Authority not less than ten (10) days prior to the expiration of any then-current policy, evidence of renewal or replacement of such policy in replacement thereof. Upon request, Tenant shall deliver copies of such insurance policies to the Authority. Tenant acknowledges that the minimum insurance limits and types established herein may become inadequate during the Term, and Tenant agrees that it shall provide continuous liability coverage for claims arising such increased limits or types of insurance to levels that the Authority may reasonably and in a non- discriminatory manner require during the Term. In the event Tenant carries limits of insurance higher than those required under the terms of this Lease, such “claims made” basis policy higher limits shall be applicable to the Authority in addition to Tenant. If Tenant shall fail to perform any of its obligations under Section 10.1, then in addition to any other right or remedy of the Authority, the Authority may perform the same and the cost thereof shall be payable as Additional Rent. In the defense of any claim, demand, expense or liability which is canceled to be covered under insurance policies by Xxxxxx as described in this Lease (even if such claim, demand, expense or not renewed for any reason whatsoever (liability is groundless, false or converted to an “occurrence” basis policyfraudulent), Tenant Xxxxxx agrees on its own behalf and shall either obtain (a) “tail” insurance coverage converting cause its insurers to agree, not to waive any defense involving in any way the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration jurisdiction of the Term, or (b) an extended reporting period of at least three (3) years beyond tribunal over the expiration person of the Term. Tenant shall pay all Authority, the immunity of the premiums thereforAuthority, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policyits members, prior to officers, agents or employees, the expiration governmental nature of the existing policy)Authority or the provisions of any statutes respecting suits against the Authority, and in without obtaining express advance permission from the event Chief Legal Counsel of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageAuthority.

Policy Requirements. All The company or companies writing any insurance which Tenant or Tenant’s contractor is required to carry and maintain or cause to be carried or maintained pursuant to Subsections 15.1 and 15.2, as well as the form of the policies of insurance referred such insurance, shall at all times be subject to in this Article XIII shall be written in form reasonably satisfactory to Landlord Landlord’s reasonable approval and any Facility Mortgagee and issued by insurance such company or companies with shall have a minimum policyholder rating of “A-” at B+ or better and a financial size rating of “VII” in the most recent version of X or larger from Best’s Key Rating GuideGuide and Supplemental Service, Property/Casualty (or comparable rating from a minimum comparable insurance rating service), and shall be licensed to do business in the State of “BBB” from Standard & Poor’s or equivalentMaryland. If Tenant obtains and maintains the Commercial general liability insurance described in Section 13.1(epolicies required under Sections 15.1.1 and 15.2.1 shall include Landlord and its managing agent, Axxxxx Development Group, Inc., as additional insureds, shall be primary and non-contributory, and shall also contain a provision by which the Tenant causes (using commercially reasonable efforts) above on a “claims made” basisthe insurer to agree that such policy shall not be canceled, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled materially changed or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of without at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ days advance notice to Landlord by the insurer if the insurer so agrees or by Tenant, at Landlord’s Notice Address, by certified mail, return receipt requested, or to its designee. None of the insurance which Tenant is required to carry and maintain or cause to be carried or maintained pursuant to the previous Sections (except for property insurance) shall contain any deductible provisions except to the extent approved by Landlord. Each such policy, or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question a certificate thereof, shall be altered, allowed deposited with Landlord by Tenant promptly upon commencement of Tenant’s obligation to expire or cancelledprocure the same. Notwithstanding any provision of this Article XIII anything set forth above in Sections 15.1 and 15.2 to the contrary, Landlord acknowledges and agrees that the all dollar limits specified shall be increased from time to time as reasonably necessary to effect economically equivalent insurance coverage, or coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or selfdeemed adequate in light of then-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageexisting circumstances.

Policy Requirements. All of the policies of insurance referred required to in this Article XIII be carried by Tenant hereunder shall be written issued by responsible insurance companies, qualified to do business in form the State of Oklahoma and reasonably satisfactory acceptable to Landlord. Insurance companies rated A-9 or better by Best's Insurance Reports shall be deemed acceptable. Each policy shall have a deductible or deductibles, if any, which are no greater than those maintained by similarly situated tenants. Each liability policy shall name Landlord as additional insured and each property insurance policy shall name Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and Landlord's lender as loss payee with respect to the Premises and all Tenant Alterations and copies of all policies, together with certificates evidencing the existence and amounts of such insurance, shall be delivered to Landlord by Tenant at least five (5) days prior to Tenant's occupancy of any renewal policyportion of the Premises. No such policy shall be cancelable except after thirty (30) days written notice to Landlord. Tenant shall, at least thirty (30) days prior to the expiration of the existing any such policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for furnish Landlord with renewals or to pay the premiums therefor"binders" thereof, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect may order such insurance and pay the premiums therefor, in which event charge the cost thereofthereof to Tenant, together with interest thereon at the Overdue Rate, which amount shall be repayable to Landlord paid by Tenant upon demand therefordemand. Tenant Any policy may be carried under so-called "blanket coverage" form of insurance policies, provided any such blanket policy specifically provides that the amount of insurance coverage required hereunder shall obtain, to in no way be prejudiced by other losses covered by the extent available on commercially reasonable terms, policy. Neither the agreement issuance of each insurer, by endorsement on any such insurance policy nor the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ minimum limits specified in the case of non-payment of premium) written notice before the policy or policies in question this Article 9 shall be altered, allowed deemed to expire limit or cancelled. Notwithstanding restrict in any provision way Tenant's liability arising under or out of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverageLease.

Policy Requirements. All of The company or companies writing any insurance which Tenant, Tenant's contractor's or Landlord is required to take out and maintain or cause to be taken out or maintained pursuant to Sections 12.3, 12.4, and 12.5, shall be with a company or companies licensed or admitted to do business in the state in which the Premises are located. Notwithstanding anything to the contrary contained herein, Tenant's obligation to carry insurance may be satisfied by coverage under a so-called blanket umbrella or excess policy or policies of insurance referred and Tenant may self-insure, subject to the provisions contained herein; provided, however, that the coverage afforded Landlord will not be reduced or diminished as a result thereof. Landlord shall name Tenant and any lender of Tenant's secured by Tenant's interest in this Article XIII shall the Premises (or any improvements contained therein) of which Landlord has received notice as an additional insured on Landlord's commercial general liability policy or policies required to be written in form reasonably satisfactory to carried hereunder. Landlord and any Facility Mortgagee and issued lender of Landlord secured by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” Landlord's interest in the most recent version Premises of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If which Tenant obtains and maintains the has received notice shall be an additional insured on Tenant's commercial general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and with respect to any renewal policy, prior to the expiration of the existing policy), and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, in which event the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued required to be carried pursuant to this Lease. Each such policy shall also contain a provision by it, or by independent instrument furnished to Landlord, which the insurer agrees that it will give to Landlord such policy shall not be canceled except after thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) ' written notice before to the policy or policies in question additional insured. A certificate of each such policy, shall be altered, allowed deposited with Landlord by Tenant promptly upon commencement of Tenant's obligation or Tenant's contractors to expire or cancelledprocure the same. Notwithstanding any provision of this Article XIII With respect to the contraryPremises, Landlord acknowledges and agrees that the coverage required to be maintained any liability insurance carried by Tenant may shall be provided under one or more policies with various deductibles or self-deemed primary to any liability insurance retentions carried by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coverage.

Policy Requirements. All of Any company writing any insurance which Tenant is required to maintain or cause to be maintained pursuant to Sections 8.3 and 8.4 (all such insurance, as well as any other insurance carried by Tenant with regard to the policies of insurance Premises, shall be referred to in this Article XIII as “Tenant’s Insurance”) shall at all times be a company with at least a Best’s rating of A/VIII and each such company shall be written licensed and qualified to do business in the State in which the Premises are located. The form reasonably satisfactory of such Tenant’s Insurance shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld). Tenant’s Insurance may be carried under a blanket policy covering the Premises and any other of Tenant’s locations. All policies evidencing Tenant’s Insurance (other than any worker’s compensation insurance) shall (i) specify Tenant and “Owner and its (or their) principals, beneficiaries, partners, officers, directors, employees, agents and Mortgagee” (and any other designees of Landlord as the interest of such designees shall appear) as additional insureds, pursuant to the form of additional insured endorsement providing the broadest possible coverage for the additional insured, and (ii) contain endorsements that the insurer(s) will give to Landlord and any Facility Mortgagee and issued by insurance companies with a minimum policyholder rating of “A-” and a financial rating of “VII” in the most recent version of Best’s Key Rating Guide, or a minimum rating of “BBB” from Standard & Poor’s or equivalent. If Tenant obtains and maintains the general liability insurance described in Section 13.1(e) above on a “claims made” basis, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted to an “occurrence” basis policy), Tenant shall either obtain (a) “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of its designees at least three thirty (330) years beyond the expiration days’ advance written notice of the Termany change, cancellation, termination or (b) an extended reporting period lapse of at least three (3) years beyond the expiration of the Termsaid insurance. Tenant shall pay all of deliver to Landlord at least fifteen (15) days prior to the premiums therefortime Tenant’s Insurance is first required to be carried by Tenant, and deliver certificates thereof to Landlord prior to their effective date upon renewals at least fifteen (and with respect to any renewal policy, 15) days prior to the expiration of the existing policy), and in the event term of the failure of Tenant either to effect any such insurance in the names herein called for or to pay the premiums thereforcoverage, or a certificate of insurance of all policies evidencing Tenant’s Insurance and if Tenant fails to deliver any such certificates thereof certificate of insurance when due hereunder, in addition to all of Landlord’s other rights and remedies hereunder, Tenant shall pay to Landlord, as Additional Rent, an amount equal to Twenty Five Dollars ($25.00) per day for each day that such certificate(s) are overdue. The limits of Tenant’s Insurance shall in no event limit Tenant’s liability under this Lease, at the times requiredlaw or in equity. If Tenant fails to perform its obligations under this Article VIII, then Landlord shall be entitledmay, but shall have no obligationnot be required to, to effect perform any such insurance obligations on behalf of Tenant and pay the premiums therefor, in which event add the cost thereof, together with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand therefor. Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days’ (or ten (10) days’ in the case of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies of the property insurance policies when issued by the insurers providing such coveragesame as Additional Rent, payable on demand.

Policy Requirements. All of the policies of insurance referred to in this Article XIII shall be written in form reasonably satisfactory taken out with insurers acceptable to Landlord and in form satisfactory from time to time to Landlord. Tenant agrees that standard certificates of insurance or, if required by Landlord or the mortgagees of Landlord, certified copies of each such insurance policy, will be delivered to Landlord as soon as practicable after the placing of the required insurance, but in no event later than ten (10) days after Tenant takes possession of all or any Facility Mortgagee part of the Premises. All policies shall contain an undertaking by the insurers to notify Landlord and issued by insurance companies with a minimum policyholder rating the mortgagees of “A-” and a financial rating of “VII” Landlord in the most recent version of Best’s Key Rating Guidewriting not less than ten (10) days prior to any material change, reduction in coverage, cancellation, or a minimum rating of “BBB” from Standard & Poor’s or equivalentother termination thereof. If Tenant obtains and maintains Notwithstanding the general liability insurance described in Section 13.1(e) above on a “claims made” basisforegoing, Tenant shall provide continuous liability coverage for claims arising during the Term. In the event such “claims made” basis policy is canceled or not renewed for any reason whatsoever (or converted be deemed to an “occurrence” basis policy), have taken out insurance sufficient under this Paragraph 18 if Tenant shall either obtain (a) “tail” insurance coverage converting the policies decide to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term, or (b) an extended reporting period of at least three (3) years beyond the expiration of the Term. Tenant shall pay all of the premiums therefor, and deliver certificates thereof to Landlord prior to their effective date (and self-insure with respect to any renewal policyand all insurance required hereunder, prior subject to the expiration of following conditions: At all times that the existing policy)Tenant shall self-insure, and in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor, or to deliver such certificates thereof to Landlord, at the times required, Landlord shall be entitled, but shall required to have no obligation, to effect such insurance and pay the premiums therefor, a consolidated net worth in which event the cost thereof, together excess of Five Hundred Million Dollars ($500,000,000) as shown on Tenant's most recent quarterly or annual financial statements computed in accordance with interest thereon at the Overdue Rate, shall be repayable to Landlord upon demand thereforgenerally accepted accounting principles ("Net Worth Floor Requirement"). Tenant shall obtain, to the extent available on commercially reasonable terms, the agreement give Landlord copies of each insurer, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord all of Tenant's quarterly reports and annual reports within thirty (30) days’ (or calendar days of their receipt by Tenant to permit Landlord to confirm that Tenant satisfies the Net Worth Floor Requirement. If Landlord shall ever discover, by whatever means, that Tenant shall have failed to satisfy the Net Worth Floor Requirement at any time that Tenant shall have been self-insured, Landlord shall have the right by written notice to Tenant to require Tenant, as if Tenant had never had the right to self-insure, to perform within ten (10) days’ in the case calendar days of non-payment of premium) written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Notwithstanding any provision of this Article XIII to the contrary, Landlord acknowledges and agrees that the coverage required to be maintained by Tenant may be provided under one or more policies with various deductibles or self-insurance retentions by Tenant or its Affiliates, subject to Landlord’s approval not to be unreasonably withheld. Upon written request by Xxxxxxxx, Tenant shall provide Landlord copies receipt thereof all of the property insurance policies when issued acts required of Tenant by the insurers providing such coveragethis Paragraph 18(b).