Common use of Tenant’s Insurance Clause in Contracts

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

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

Tenant’s Insurance. During Tenant shall save Landlord harmless and indemnified from and against all injury, loss, claim or damage to any person or property while (a) on the term Premises or (b), if arising out of this Lease the use or occupancy of the Premises by Tenant or Tenant’s Agents, on Landlord’s Property (unless caused by the act, neglect or default of Landlord, its employees, agents, licensees or contractors), and from and against all injury, loss, claim or damage to any extension thereofperson or property anywhere on the Premises or Landlord’s Property occasioned by any act, neglect or default of Tenant or Tenant’s Agents. Tenant shall maintain with respect to the Premises and Landlord’s Property liability insurance equivalent to comprehensive general liability and property damage insurance including the broad form comprehensive general liability endorsement and a contractual liability coverage endorsement in forceamounts not less than $3,000,000.00 combined single limit and an annual aggregate of at least $5,000,000.00. Landlord shall have the right, from time to time, to increase said insurance amounts to amounts customarily required of tenants in comparable buildings in the greater Boston area. Such insurance shall insure Landlord and Landlord’s mortgagees as additional insureds (with respect to their respective interests in the Premises) as well as Tenant against injury to persons or damage to property as herein provided, and shall contain a provision that the Landlord and Landlord’s mortgagees, although named as additional insureds, shall nevertheless be entitled to recovery under said policy for any loss occasioned to them, their servants, agents and employees by reason of the negligence of the Tenant or Tenant’s Agents. Tenant shall maintain, at its sole cost and expense, a policy fire and extended coverage insurance for all of its contents, furniture, furnishings, equipment, improvements, funds, personal property, floor coverings and fixtures located within or policies about the Premises, providing protection in an amount equal to One Hundred (100%) percent of insurance providing “commercial general liability” coverage the insurable value of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)said items. All of Tenant’s insurance required to be carried by Tenant hereunder shall be issued by responsible insurance with companies acceptable to Landlord and qualified to do business in the State. Each policy Massachusetts, and shall name Landlord as an additional insured, the issuing be issued by insurance companies shall have with a general policyholder’s rating of not less that “A” than A- and a financial rating of not less than Class X as rated in the latest edition of most current “Best’s ’s” Insurance Guide and shall be at least a Class XII companyReports. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any Such insurance policies required to may be maintained by Tenant hereunderunder a blanket policy or policies so-called, provided the coverage afforded Landlord is not reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. No such policy Tenant shall be cancelable deposit with Landlord certificates of insurance that it is required to maintain under this Lease, at or subject prior to reduction of coverage or other modification or cancellation except after the Term Commencement Date, and thereafter, within thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereofof each such policy. A certificate evidencing Such policies shall provide that the policies may not be changed or cancelled without at least thirty (30) days’ prior written notice to Landlord. Tenant covenants that in the event it violates Article 35 hereof or in the event it keeps upon the Premises or Landlord’s Property any substance of dangerous, inflammable or explosive character or makes any use of the Premises which increases the rate of insurance on the Premises or Landlord’s Property, Tenant shall promptly pay to Landlord upon demand any such insurance increase resulting therefrom, which shall be furnished due and attached to this Lease payable as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageadditional rent hereunder.

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

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

Tenant’s Insurance. During Tenant will procure and maintain during the term entire Term of this Lease, at Tenant’s expense, all insurance policies and requirements as provided in this Lease. The carrier, total insurable values, and the various coverage types and limits of each policy of insurance as may be reasonably requested by Landlord and customary for Class A Medical Office Properties must be acceptable to Landlord in its commercially reasonable discretion and to the extent the same are generally available at a commercially reasonable expense. The initial coverages, policy limits, terms and conditions of the Tenant’s Insurance shall be as set forth in Exhibit 10.1, subject to future adjustments to be evaluated and, if needed, required by Landlord every three (3) Lease Years during the Term. All insurance policies required hereunder shall be written by an insurance company or companies reasonably acceptable to Landlord and shall be non-cancelable without thirty (30) days’ prior written notice to Landlord and any extension thereof, Tenant shall maintain in force, at its sole cost Fee Mortgagee and expense, a policy or policies must give ten (10) days’ notice to those parties for nonpayment of premium. Proceeds of insurance providing “commercial general liability” coverage on account of not less than $1,000,000 limit per occurrence casualty to the Improvements shall be payable jointly to Tenant and any Leasehold Mortgagee if such Leasehold Mortgagee is an institutional lender and if there is no such qualifying Leasehold Mortgagee, then jointly to Tenant and any Fee Mortgagee that is an institutional lender and if there is no such Fee Mortgagee then jointly to Tenant and Landlord. Such proceeds shall then be delivered to the Depository (as herein defined). Tenant shall, as of the commencement date of this Lease, deliver to Landlord: (i) evidence of timely payment of the premium; (ii) Certificates of Insurance evidencing the insurance required by this Lease; and (iii) at the request of Landlord require endorsements or modifications in such other amounts form and content as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written give prompt notice to Landlord of the occurrence of any event covered by any of the foregoing required insurance policies. Tenant’s liability shall not be limited by the insurer. Tenant shall furnish Landlord with renewals or “binders” limits of any such policy at least twenty (20) days prior to of the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective foregoing required insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During the term At all times Tenant shall keep in full force and effect a policy of this Lease comprehensive public liability and property damage (with respect to Tenant’s property and any extension thereofimprovements to the Building made by Tenant but not as to the Building itself) insurance with respect to the Demised Premises, Tenant in such limits as may be reasonably required from time to time by Landlord. The limits of public liability insurance on the Commencement Date shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of be not less than $1,000,000 limit per occurrence 3,000,000 for death or such other amounts as reasonably required by Landlord, including coverage injury to any number of persons or for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in for each occurrence. In no event shall the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried of any coverage maintained by Tenant hereunder pursuant to this Section 11.1 be considered as limiting Tenant’s liability under this Lease. The property damage policy shall name Landlord, any person, firms or corporations (including, without being limited to, any mortgagee or lessor of Landlord) designated by Landlord and Tenant as insureds to the extent their interests may appear. The liability policies, which shall name the Landlord as an additional insured, shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in Section 11.2 hereof and shall contain a clause that the insurer will not cancel or change the insurance without first giving Landlord 30 days prior written notice. The insurance shall be issued written by responsible an insurance companies acceptable to Landlord company, licensed and qualified to do business in the StateState in which the Property is located, which is reasonably acceptable to Landlord. Each An original copy of the policy or a certificate of insurance shall name be delivered to Landlord as an additional insured, upon the issuing companies execution and delivery of this Lease and replacement certificates shall have a rating of be delivered not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain than ten (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (2010) days prior to the expiration thereofof any then existing coverage. A certificate evidencing such The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be furnished primary insurance as respects Landlord (and attached any other additional insureds designated by Landlord) and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to this Lease as Exhibit “E”such effect. To In addition, at all times during the extent permitted under their respective insurance policiesTerm hereof, Landlord Tenant shall procure and Tenant hereby waive all rights of recovery against maintain Worker’s Compensation Insurance in accordance with the other and against the officers, employees, agents and representatives, contractors, and invitees laws of the other, on account of loss by or damage to State in which the waiving party or its property or the property of others under its control, to the extent that such loss or damage Property is insured against under any insurance policy which may have been in force at the time of such loss or damagelocated.

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

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

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

Tenant’s Insurance. During Tenant shall, during the term of this Lease lease, maintain insurance against public liability, including that from personal injury or property damage in or about the Premises resulting from the occupation, use or operation of the Premises insuring both Landlord and any extension thereofTenant, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage amounts of not less than One Million Dollars ($1,000,000 limit per occurrence 1,000,000.00) in respect to bodily injury or such other amounts as reasonably required by Landlorddeath to any one person, including coverage for of not less than One Million Dollars ($1,000,000.00) in respect of bodily injury or death to more than one person in one accident, and of not less than Five Hundred Thousand $500,000.00) in respect of property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All policies of insurance required to be carried by Tenant hereunder provided for in this Paragraph 16, shall be issued by responsible insurance companies in form reasonably acceptable to Landlord and by insurance companies qualified to do business in the StateFlorida. Each policy and every such policy: (I) shall name be issued in the names of Tenant with Landlord and any other parties in interest from time to time designated in writing by notice from Landlord to Tenant named as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and ; (ii) shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy for the mutual and the coverage evidenced thereby shall be primary joint benefit and noncontributing with respect to any policies carried by protection of Landlord and that Tenant and any coverage carried by such other parties in interest as additional insureds; (iii) shall (or a certificate thereof shall) be delivered of each to Landlord shall be excess insurance, and any such other parties in interest within ten (c10) a waiver by days before delivery of possession of the insurer of any right of subrogation against Landlord, its agents, employees Premises to Tenant and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thereafter within thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing of each policy, and as often as any such insurance policy shall expire or terminated, renewal or additional or additional policies shall be furnished procured and attached maintained in like manner and to this Lease as Exhibit “E”. To like extent; (iv) shall contain a provision that the extent permitted under their respective insurance policies, insurer will give to Landlord and Tenant hereby waive all rights such other parties in interest at least thirty (30) days notice in writing in advance of recovery against any cancellation, termination or lapse, or the effective date of any reduction in the amounts of insurance; (v) shall be written as a primary policy which does not contribute to and is not in excess of coverage which Landlord may carry; (vi) shall be non-contributing as to Landlord any mortgagee; and (vii) shall contain a provision that Landlord and any such other and against the officersparties in interest, employeesalthough named as an insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, his servants, agents and representatives, contractors, and invitees employees by reason of the othernegligence of Tenant. Any insurance provided for herein, on account may be maintained by means of loss a blanket policy or policies provided Landlord shall be named as an additional insured thereunder, as his interest may appear; the coverage afforded Landlord and any such other parties in interest will not be reduced or demised by or damage reason of the use of such blanket policy of insurance; and the requirements set forth in this Paragraph 16. are otherwise satisfied. Tenant agrees to permit Landlord at all reasonable times to inspect the policies of insurance of Tenant with respect to the waiving party Premises for which policies or its property or the property of others under its control, copies thereof are delivered to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

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

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

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

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

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

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

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

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall carry such insurance against loss of its property, including Tenant Improvements and Betterments (such as floor coverings, wall coverings trade fixtures) in, on or about the Building and Premises by fire and such other risks as are covered by so-called all risk and extended coverage property insurance or other hazards in an amount equal to or greater than the replacement costs thereof. Such policy shall be endorsed to name the Landlord shown as a loss payee with respect to the Tenant Improvements stated above on any and all insurance policies. A copy of such endorsement shall be provided to the Landlord upon written request. Landlord shall not be liable for any damage to Tenant’s property in, on or about the Building and Premises caused by fire or other insurable hazards regardless of the nature or cause of such fire or other casualty, and regardless of whether any negligence of Landlord or Landlord’s employees or agents contributed thereto. Tenant expressly releases Landlord of and from all liability for any such damage. Tenant insurance policy or policies shall include a waiver of subrogation recognizing this release from liability. Tenant agrees to procure and maintain in force, at its sole cost and expense, during the Term a policy or policies of liability insurance, including product and/or completed operations liability and contractual liability coverage, written by an insurance providing “commercial general liability” company or companies insuring Tenant against any and all losses, claims, demands or actions for injury to or death of any one or more persons and for damage to property in any one occurrence in the Building and Premises to the limit of not less than one million dollars ($1,000,000.00) for injury to one person, not less than two million dollars ($2,000,000.00) for each such occurrence, and not less than one hundred thousand dollars ($100,000.00) for damage to property, or such other coverage limits as Landlord may, from time to time, deem reasonably necessary and in accordance with customary practices with regard to such insurable risks. Tenant shall furnish to Landlord certificates evidencing the continuous existence of such insurance coverage, which must also name Landlord as an additional insured and be endorsed to be primary and non-contributory with respect to any insurance maintained by the Landlord. All insurance companies must be licensed to do business in Ohio. Certificates of insurance will be provided at the time this Lease is executed. Policies of insurance are to be endorsed to notify Landlord of any reduction, cancellation or termination of policy and provide not less than thirty (30) days prior to cancellation or termination, except for non-payment for which ten (10) days-notice shall be provided. Tenant agrees to provide and keep in force at all times worker’s compensation insurance complying with the law of the State of Ohio and Employers Liability shall also be obtained, with limits of not less than $1,000,000 limit per occurrence occurrence, accident or such other amounts employee. Tenant agrees to defend, indemnify and hold harmless Landlord from any and all actions or claims of Tenant’s employees or employee’s family members. Tenant agrees to provide a certificate as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond evidence of proof of worker’s compensation coverage. With respect to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried alterations or improvements by Tenant, Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord maintain contingent liability and qualified to do business in the State. Each policy shall name builder’s risk coverage naming Landlord as an additional named insured. If Tenant hires contractors to do any improvements on the Building or Premises, each contractor must provide a Certificate of Insurance naming the issuing companies shall have a rating Landlord as additional insured and including proof of not less that “A” in the latest edition of Bestworker’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the compensation coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, on its agents, employees and representatives, which arises or might arise by reason of any act or omission of agents to Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage.

Tenant’s Insurance. During Tenant shall maintain in full force and effect during the term continuance of this Lease special form (formerly known as “all-risk”) property insurance insuring against all perils, including flood, on all of its personal property, including removable trade fixtures, located in the Project and on all leasehold improvements within the Project to the extent of the replacement cost thereof, such coverage to be for an amount sufficient to satisfy any extension thereofco-insurance requirements, but not less than the full replacement cost of such insured items, with commercially reasonable deductibles. In addition, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” liability insurance and excess liability (umbrella) insurance, including either (i) blanket contractual liability coverage or (ii) contractual liability coverage specifically relating to the insurable provisions of this Lease, in either case with combined single limits of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including 3,000,000 for primary and excess coverage for property damage, combined with respect to bodily injury and wrongful or death (which limit may be increased by written notice from Landlord to correspond to any increase number of persons in any one accident or occurrence and with respect to property damage in any one accident or occurrence and in the limits specified aggregate occurring in connection with Tenant’s use or occupancy of the New Mexico Tort Claims Act)Project and containing provisions for the severability of interests. All Each of the insurance required policies referred to be carried by Tenant hereunder in this Section shall be issued by responsible solvent insurance companies acceptable to Landlord and qualified carriers authorized to do business in the StateState of Texas and having ratings of Best’s Insurance Guide, A-/VIII and/or Standard & Poor Insurance Solvency Review A-, or better, provide that it shall not be cancelled without at least thirty (30) days prior notice to Landlord and Tenant. Each In addition, each liability insurance policy referred to in this Section shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each property insurance policy referred to in this Section shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect waiver of subrogation provisions pursuant to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by which the insurer of any right waives all express and implied rights of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies if required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction make Tenant’s contractual waiver of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the claims and subrogation in Section 6.7 binding on Tenant’s insurer. Tenant shall furnish Landlord with renewals deliver certificates (Axxxx 27, 28, or “binders” 29, as applicable) of any such policy insurance at least the inception of this Lease and within twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under after any insurance policy which may have been in force at the time of such loss or damagerequest therefor.

Tenant’s Insurance. During Effective as of the term earlier of this Lease (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and any extension thereofcontinuing throughout the Term, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of the following insurance providing “policies: (A) commercial general liability” coverage liability insurance in amounts of not less than $1,000,000 limit 3,000,000 per occurrence or or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably required require (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company, Landlord's asset management company and, if requested in writing by Landlord, including coverage Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property damage, bodily injury arising from the use and wrongful death occupancy of the Premises and (which limit may be increased without implying any consent by written notice from Landlord to correspond to any increase the installation thereof) the installation, operation, maintenance, repair or removal of Tenant's Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the limits specified Premises (excluding the Building Structure and Building's Systems), naming Landlord and Landlord's Mortgagee as additional loss payees as their interests may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including the Existing FF&E and property of Tenant or others) in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business Premises or otherwise placed in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have Project by or on behalf of a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain Tenant Party (a) a crossincluding Tenant's Off-liability endorsementPremises Equipment), (bD) a provision that contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (cF) a waiver by the insurer of any right of subrogation against business interruption insurance in an amount reasonably acceptable to Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any Tenant's insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of provide primary coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurerwhen any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord with renewals or “binders” certificates of any such policy insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least twenty (20) ten days prior to the expiration thereof. A certificate evidencing earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least 15 days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be furnished in form, and attached issued by companies with an A.M. Best rating of A+:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease as Exhibit “E”. To the extent permitted under their respective or otherwise, may, but shall not be obligated to, obtain such insurance policies, Landlord and Tenant hereby waive all rights shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time 15% of such loss or damagecost.

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies reasonably acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and at Landlord's request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non- contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancellable except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may fifteen (15) days following notice (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

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

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

Tenant’s Insurance. During Throughout the term Term of this Lease and any extension thereofLease, Tenant shall maintain ISO Special Form property insurance, including building and machinery comprehensive form, in forcean amount equal to 100% of the replacement value of Tenant’s trade fixtures, at its sole cost equipment, and expenseother personal property located on the Premises together with such other insurance as may be reasonably required by Landlord’s lender or by any government agency. All proceeds of Tenant’s policy of property insurance shall be payable to Tenant, a policy or and all proceeds of policies of insurance providing “procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at Tenant’s expense, maintain commercial general liability” coverage of liability insurance against claims for personal injury, death or property damage occurring in, upon or about the Premises in an amount not less than $1,000,000 limit 3,000,000 per occurrence and $3,000,000 annual aggregate (with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or such other amounts equivalent in an amount not less than $2,000,000, and workers’ compensation insurance as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)law. All Tenant’s policies of liability insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant’s policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord, and shall have a rating retentions or deductibles reasonably acceptable to Landlord. A certificate of not less that “A” in the latest edition of Best’s Insurance Guide and insurance required to be carried by Tenant under this Article 13 shall be delivered to Landlord prior to the Commencement Date and thereafter at least a Class XII company30 days prior to the expiration of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy shall contain (a) a crossan endorsement prohibiting cancellation or non-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, renewal without at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) least 30 days written prior notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost provide on or before the Commencement Date for the benefit of Landlord and expense, Tenant a policy or policies of insurance providing “commercial general liability” coverage liability insurance insuring against accident on or about the Premises and the Real Property or any appurtenances thereto. Such policy is to be written by good and solvent insurance companies reasonably satisfactory to Landlord, and the limits of liability thereunder shall not be less than $1,000,000 limit per occurrence or the amounts set forth in Section 2.14 hereof for personal injury, including death, in respect of any one person, in respect of any one occurrence, and in respect of property damage. Such insurance may be carried under a blanket policy covering other locations of Tenant, if any. Landlord shall be named as an additional insured under such other amounts as reasonably policy. Prior to the time such insurance is first required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required this Section 29 to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord Tenant, and qualified to do business in the State. Each policy shall name Landlord as an additional insuredthereafter, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain fifteen (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (2015) days prior to the expiration thereof. A of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that such insurance may not be canceled except upon thirty (30) days' prior notice to Landlord. Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least fifteen (15) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time, as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become, and are hereby declared, to be Additional Rent hereunder for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to provide and keep in force the aforementioned insurance shall be furnished and attached regarded as an Event of Default hereunder entitling Landlord to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive exercise any or all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been remedies as provided in force at the time of such loss or damagethis Lease.

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

Tenant’s Insurance. During Tenant shall procure and maintain throughout the term Lease Term of this Lease and any extension thereof, Tenant shall maintain in forceLease, at its sole cost and expense, the insurance identified on Rider 13.01 which is incorporated in and made a policy or policies part hereof The minimum limits of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage Rider 13.01 shall not limit the liability of Tenant for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase its acts or omissions as provided in the limits specified in the New Mexico Tort Claims Act)this Lease. All insurance required to be carried by Tenant hereunder shall be issued placed with companies which are rated A-:VII or better by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and licensed to do business in Colorado. All such policies shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy written as primary policies not contributing with and not supplemental to the coverage evidenced thereby that Landlord may carry, with deductibles not to exceed one percent (1%) of the amount of coverage. Tenant shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by responsible for the insurer payment of any right deductible in the event of subrogation against Landlordan insured loss. Tenant shall deliver certificates for all such policies prior to the Lease Commencement Date, its agentsor, employees and representativesin the case of renewals thereto, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereofof the prior insurance policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be effective except upon thirty (30) days’ prior written notice from the insurer to Landlord. A certificate evidencing If Tenant shall fail at any time to procure or maintain the insurance required herein, or to provide proof of insurance as required, or if the insurer notifies Landlord that any coverage is to be canceled or non-renewed, such failure or event shall be an event of default hereunder, and Landlord may, at its option, procure such insurance on Tenant’s behalf and the cost thereof, inclusive of an administrative fee of 15.5% shall be furnished and attached to this Lease payable upon demand, as Exhibit “E”Additional Rent. To the extent permitted under their respective Payment by Landlord of any insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property premium or the property carrying by Landlord of others under its control, to the extent that any such loss or damage is insured against under any insurance policy which may have been in force at shall not be deemed to waive or release the time default of such loss or damageTenant with respect thereto.

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

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

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

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

Tenant’s Insurance. During Throughout the term Term of this Lease and any extension thereof, Tenant shall ------------------ maintain ISO Special Form property insurance, including building and machinery comprehensive form, in forcean amount equal to one hundred percent of the replacement value of Tenant's trade fixtures, at its sole cost equipment, and expenseother personal property located on the Premises together with such other insurance as may be reasonably required by Landlord's lender or by any government agency. All proceeds of Tenant's policy of property insurance shall be payable to Tenant, a policy or and all proceeds of policies of insurance providing “procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at Tenant's expense, maintain commercial general liability” coverage of liability insurance against claims for personal injury, death or property damage occurring in, upon or about the Premises in an amount not less than $1,000,000 limit 5,000,000 per occurrence and $5,000,000 annual aggregate (with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or such other amounts equivalent in an amount not less than $2,000,000, and workers' compensation insurance as reasonably required provided by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)law. All Tenant's policies of liability insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant's policies of not less that “A” in the latest edition of Best’s Insurance Guide and insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord. A certificate of the insurance required to be carried by Tenant under this Article 12 shall be delivered to Landlord prior to the Commencement Date and thereafter at least a Class XII companythirty days prior to the expiration of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy shall contain (a) a crossan endorsement prohibiting cancellation or non-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, renewal without at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after least thirty (30) days written prior notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceagrees, at its sole cost, to insure its personal property, trade fixtures, Specialized Tenant Improvements and other Alterations not required to be insured by Landlord against damage for their full replacement value (without depreciation). Said insurance shall provide All Risk coverage (or its equivalent or industry replacement) equal to the replacement cost of said property. The property insurance provided by Tenant as required by this paragraph shall be carried in favor of Landlord and expenseTenant as their respective interests may appear and shall provide that any loss to Alterations shall be adjusted with and be payable to both Landlord and Tenant. Tenant shall deliver a copy of the policy and renewal certificate to Landlord. Tenant agrees, at its sole cost, to obtain and maintain throughout the Lease Term Commercial General Liability insurance for occurrences within the Project with a policy or policies of insurance providing “commercial general liability” coverage combined single limit of not less than Five Million Dollars ($1,000,000 5,000,000.00), worker’s compensation insurance in compliance with statutory requirements, and Employer’s Liability with a limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” than Five Million Dollars ($5,000,000.00). Tenant may meet the Commercial General Liability and Employer’s Liability insurance requirements described in the latest edition prior sentence with an excess liability insurance policy, so long as the full amount of Bestcoverage required above is provided. Tenant’s Insurance Guide and liability insurance shall be at least a Class XII company. Each policy shall contain (a) primary insurance containing a cross-liability endorsement, (b) and shall provide coverage on an “occurrence” rather than on a provision “claims made” basis. All such insurance shall provide for severability of interests; shall provide that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any an act or omission of one of the named or additional insureds shall not reduce or avoid coverage to the other named or additional insureds. Tenant shall include Landlord, Landlord’s affiliates and property manager and Landlord’s lenders as additional insureds on Tenant’s liability policies and shall name Landlord and Landlord’s lenders as loss payees on its agentsproperty insurance covering Alterations, employees and shall deliver a copy of the policies and renewal certificates to Landlord evidencing the required coverage before entry onto the Premises to commence any Tenant Improvement work or representativesto operate its business in the Premises and before expiration of any such policies. Tenant shall provide a waiver of subrogation in favor of Landlord, Landlord’s affiliates and property manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord maya copy of the certificates of such insurance evidencing the coverage required of Tenant prior to the earlier of the first Commencement Date or first entry to ready any portion of the Premises for Tenant’s occupancy, at and within five (5) days after renewal of such policies, but in no event later than five (5) days after the scheduled expiration of such policies. If any time and from time policy required of Tenant is cancelled, terminated or reduced in coverage, Tenant shall notify Landlord of such changes not later than five (5) business days after Tenant becomes aware of such change. Notwithstanding the above, Landlord retains the right to time, inspect and/or copy have Tenant provide other forms of insurance which may be reasonably required to cover future risks. In no event shall the types or limits of any insurance policies maintained or required to be maintained under this Lease by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others contractors limit Tenant’s liability under its controlthis Lease, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageincluding without limitation Tenant’s indemnification, defense and hold harmless obligations.

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

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

Tenant’s Insurance. During (a) Tenant shall carry the term comprehensive general liability insurance required by Section 5.02 hereof and shall also carry fire and extended coverage insurance on Tenant’s Personal Property in the Leased Premises in the amount of this Lease their full replacement cost (subject only to a reasonable deductible and any extension thereofco-insurance factor). In addition, Tenant shall maintain in force, at its sole cost workers’ compensation insurance and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or all such other amounts insurance relating to Tenant’s use and occupancy of the Leased Premises and the Building as reasonably may be required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)applicable law. All insurance such policies required to be carried by Tenant hereunder and all evidence of insurance provided to Landlord shall be issued by responsible insurance responsible, financially sound companies acceptable to Landlord and qualified to do business and in good standing in the State. Each policy Commonwealth of Massachusetts and shall name Landlord contain an endorsement showing that Landlord, its managing agent, and each holder of a Mortgage (disclosed in writing to Tenant) is included as an additional insuredinsured (except as to workers compensation insurance), as its interests may appear and an endorsement whereby the issuing companies shall have a rating of insurer agrees not less that “A” in to cancel or alter the latest edition of Best’s Insurance Guide and shall be policy without at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days prior written notice to Landlord by Landlord, to the insurerholder of such Mortgage and all other named insureds. Tenant shall furnish shall, on or prior to occupying any portion of the Leased Premises, deposit with Landlord with renewals certificates of such insurance, and thereafter, on or “binders” prior to fifteen (15) days before the expiration date of any coverage thereunder, shall deposit with Landlord certificates evidencing the renewal of such policies. Any such insurance may be maintained by Tenant under a blanket policy or policies; provided, however, that the minimum amount of the total insurance afforded by such blanket policy which shall be allocable to the Leased Premises and any sublimits of such policy at least twenty (20) days prior allocable to the expiration thereof. A Leased Premises, shall be in amounts which shall not be less than the amounts of the insurance required hereunder, and the protection afforded to Landlord and each holder of a Mortgage under such policy shall be not less than that which would have been afforded under a separate policy or policies relating only to the Leased Premises, and the certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To contain provisions confirming the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageforegoing.

Tenant’s Insurance. During Throughout the term Term of this Lease and any extension thereofLease, Tenant shall maintain ISO Special Form property insurance, including building and machinery comprehensive form, in forcean amount equal to 100% of the replacement value of Tenant’s trade fixtures, at its sole cost equipment, and expenseother personal property located on the Premises together with such other insurance as may be reasonably required by Landlord’s lender or by any government agency. All proceeds of Tenant’s policy of property insurance shall be payable to Tenant, a policy or and all proceeds of policies of insurance providing “procured by Landlord shall be payable to Landlord. Tenant hereby waives any right to recovery from Landlord and Landlord hereby waives any right of recovery from Tenant for any loss or damage (including consequential loss) resulting from any of the perils insured against in the special form property insurance policy with extended coverage endorsement. During the Term of this Lease, Tenant shall, at Tenant’s expense, maintain commercial general liability” coverage of liability insurance against claims for personal injury, death or property damage occurring in, upon or about the Premises in an amount not less than $1,000,000 limit 3,000,000 per occurrence and $3,000,000 annual aggregate (with a separate general aggregate limit for the Premises), automobile liability insurance with a combined single limit or such other amounts equivalent in an amount not less than $2,000,000, and workers’ compensation insurance as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act)law. All Tenant’s policies of liability insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall provide coverage for blanket contractual liability, premises, products/completed operations, and personal and advertising injury coverage. Tenant’s policies of insurance shall be primary and not contributory as to other insurance purchased by or available to Landlord, and shall have a rating retentions or deductibles reasonably acceptable to Landlord. A certificate of not less that “A” in the latest edition of Best’s Insurance Guide and insurance required to be carried by Tenant under this Article 13 shall be delivered to Landlord prior to the Commencement Date and thereafter at least a Class XII company30 days prior to the expiration of the then current policies. Upon the written request of Landlord, copies of such policies shall also be delivered to Landlord. Each policy shall contain (a) a crossan endorsement prohibiting cancellation or non-liability endorsementrenewal without at least 30 days prior notice to Landlord. 14. FIRE AND CASUALTY Except as hereafter provided, (b) a provision if the Premises are wholly or partially destroyed or damaged by fire or other casualty, Landlord shall restore the Premises with reasonable diligence; provided, however, that such policy Landlord shall have no obligation to restore improvements not originally provided by Landlord or to replace any of Tenant’s fixtures, furnishings, equipment, or personal property and the coverage evidenced thereby Tenant shall be primary responsible for refixturing the Premises and noncontributing reinstalling its equipment. Landlord need not commence repairs until a substantial portion of the insurance proceeds are available and shall not be required to expend more than the actual insurance proceeds received. Proceeds of insurance payable with respect to a fire or other casualty shall be received and held by Landlord. In the event the Premises are destroyed or damaged by any policies carried fire or casualty not covered by the insurance maintained by Landlord or to the extent of not less than 25% of the replacement cost thereof, or if the fire or casualty occurs within the last year of the Term of the Lease, then Landlord or Tenant shall have the option to terminate this Lease by giving notice to the other party within 60 days after the occurrence of such damage or destruction, in which case Landlord shall retain all insurance proceeds with respect to the Premises as its own property. If Landlord does not terminate this Lease as provided above, this Lease shall continue in full force and effect, but Base Rent shall be equitably abated until the restoration is substantially complete. The provisions of this Lease shall govern when this Lease is terminable as a result of a fire or casualty and no other rule or statute on the subject applies. In the event that the Lease is terminated, Tenant is entitled to reimbursement for any prepaid rent. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises, Building or Project requires that any coverage carried insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice to Tenant within 15 days after such requirement is made by any such holder, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Term. 15. CONDEMNATION If any portion of the Premises is appropriated or taken under the power of eminent domain which Tenant determines in its reasonable judgment renders the Premises unusable by Tenant, either Landlord or Tenant shall have the right to terminate this Lease, as of the date Tenant is required to vacate the appropriated or condemned part of the Premises, by giving notice in writing of such election within 30 days after receipt by Tenant from Landlord of written notice that Tenant’s Premises have been or will be so appropriated or taken. Notwithstanding the foregoing, Landlord may only exercise its option to terminate this Lease under this Article 15 if Landlord terminates the leases of all other similarly situated tenants occupying premises in the Building which are also subject to the taking. If neither Landlord nor Tenant elects to terminate this Lease, or if no portion of the Premises is appropriated or taken under the power of eminent domain by any public or quasi-public authority exercising such power as to the Building, then Landlord shall restore the Premises to the extent practicable to their condition prior to the taking, and thereafter the Base Rent shall be reduced on an equitable basis, taking into account the relative value of the portion of the Premises taken as compared to the portion remaining. All awards or compensation for any taking of any part of the Premises, whether payable to Landlord or Tenant, shall be the sole property of Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall be entitled to receive the portion of an award of compensation relating to damage to or loss of trade fixtures or other personal property belonging to Tenant. Landlord shall be excess insuranceunder no obligation to restore or replace Tenant’s furnishings, trade fixtures, equipment and (c) personal property. In the event that the Lease is terminated, Tenant is entitled to reimbursement for any prepaid rent. For the purposes of this Article 15, a waiver by the insurer voluntary sale or conveyance in lieu of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy condemnation shall be cancelable deemed an appropriation or subject to reduction a taking under the power of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageeminent domain.

Tenant’s Insurance. During the term of this Lease and any extension thereof, (a) Tenant shall maintain in forceat all times during the Term (i) "all risk" property insurance covering all present and future Tenant's Property, at its sole cost Fixtures and expense, Tenant's Improvements and Betterments to a policy or policies of insurance providing “commercial general liability” coverage limit of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlordthe full replacement cost thereof, and (ii) commercial general liability insurance, including coverage a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds for property damageclaims arising from Tenant's alleged acts or omissions, with limits of $10,000,000 combined single limit for bodily injury and wrongful death property damage liability in any one occurrence and (which limit may be increased by written notice from Landlord to correspond to any increase iii) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with limits of not less than the full replacement cost thereof, and (iv) when Alterations are in process, the insurance specified in Section 5.02(f) hereof. Subject to Section 8.03 hereof, the New Mexico Tort Claims Actlimits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Commencement Date, valid certificates of insurance in form reasonably acceptable to Landlord issued by the insurance company or its authorized representative that evidence Tenant's compliance with this Lease to Landlord's reasonable satisfaction (the "Certificates"). Tenant shall delivery to Landlord within five (5) days of Landlord's request therefore copies of all of the Declaration pages of the insurance policies required under this Lease. Tenant shall procure and pay for renewals of such insurance (as evidenced by valid Certificates or copies of Declaration pages, as applicable) from time to time before the expiration thereof, and, subject to the last sentence of this Section 8.02(a), Tenant shall deliver to Landlord and any other additional insureds a Certificate thereof at least 15 days before the expiration of any existing policy. All insurance required to be carried by Tenant hereunder such policies shall be issued by responsible insurance companies acceptable of recognized responsibility and rated by Best's Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the then equivalent of such rating, and, subject to the last sentence of this Section 8.02(a), all Certificates evidencing such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or materially modified unless Landlord and qualified to do business in the State. Each policy shall name Landlord as an any additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be insureds are given at least a Class XII company10 days' prior written notice of such cancellation, lapse or modification. Each Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 8.02 be increased, so that the amount thereof adequately protects Landlord's interest but such increase shall not be in excess of to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of non-institutional first class office buildings in New York City. Any insurance policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunderhereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that the coverage afforded under such blanket policy allocable to the Premises shall not be less than the coverage which would have been afforded had such insurance not been covered under a blanket policy. No such policy shall be cancelable or subject So long as Tenant provides evidence reasonably satisfactory to reduction Landlord, including Certificates and copies the Declaration pages of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord insurance policies if requested by Landlord, that Tenant is insured as required in this Lease under blanket insurance policies issued in favor of Xxxxx & McLennan Companies, Inc. at the insurer. time in question, Tenant shall furnish only be required to use best efforts to (x) comply with the covenants contained in this Section 8.02(a) to provide Landlord with renewals or “binders” evidence of any such policy at least twenty (20) days the renewal of insurance policies prior to the expiration cancellation thereof. A certificate evidencing , and, if Tenant fails to so comply despite its best efforts, Tenant shall in any event comply with such covenant within fifteen (15) days after the date such policies were to expire and (y) obtain Certificates containing provisions requiring the applicable insurance shall be furnished and attached company to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesprovide prior notice of cancellation, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees lapse or material modification of the otherrelated insurance policy, on account and, if Tenant fails to obtain such Certificates containing such provisions despite its best efforts, Tenant shall in any event provide Landlord with copies of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any cancellation notices immediately upon Tenant's receipt thereof and shall not modify any insurance policy which may have been required hereunder in force at the time of such loss or damagea manner materially adverse to Landlord without prior notice to Landlord.

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

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain obtain and keep in forcefull force and effect during the Term, at its sole own cost and expense, a policy to protect Landlord, Landlord's agents and employees, any Superior Lessor or policies of insurance providing “commercial general liability” coverage Superior Mortgagee and Tenant as additional insureds (except as to Tenant) (a) Public Liability Insurance to afford protection against any and all claims for personal injury, death or property damage occurring in, upon, adjacent to or connected with the Premises, the Real Property or any part thereof in an amount of not less than $1,000,000 limit per occurrence 5,000,000 for injury or such other amounts as death arising out of any one occurrence, and $2,000,000 for damage to property in respect of one occurrence, or in any increased amount reasonably required by Landlord; and (b) insurance against loss or damage by fire, including coverage and such other risks and hazards as are insurable under then available standard forms of fire insurance policies with extended coverage, to Tenant's Property for property damagethe full insurable value thereof. During such time as Tenant shall be constructing any Improvements, bodily injury Tenant shall carry builder's risk insurance, completed value form, covering all physical loss, in an amount reasonably satisfactory to, and wrongful death (which limit may be increased by written notice from to protect, the Landlord to correspond to and any increase in the limits specified in the New Mexico Tort Claims Act)Superior Lessor or Superior Mortgagee. All such insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable written in form and substance reasonably satisfactory to Landlord and qualified by an insurance company of recognized responsibility licensed ` to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating Commonwealth of not less that “A” in the latest edition of Best’s Insurance Guide and Massachusetts which shall be at least a Class XII companyreasonably satisfactory to Landlord. Each policy shall contain (a) a cross-liability endorsementUpon failure of Tenant to procure, (b) a provision that such policy maintain and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurancepay all premiums therefor, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time its option, do so, and from time Tenant agrees to time, inspect and/or copy any pay the cost thereof to Landlord as Additional Rent. Tenant shall cause to be included in all such insurance policies required a provision to the effect that the same will be maintained by Tenant hereunder. No such policy shall be non-cancelable or subject and not permitted to reduction of coverage or other modification or cancellation lapse except after upon thirty (30) days written days' prior notice to Landlord by Landlord, any Superior Lessor and any Superior Mortgagee. No later than the insurer. Tenant shall furnish Landlord with renewals Commencement Date, original insurance policies or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance appropriate certificates shall be furnished and attached to this Lease as Exhibit “E”deposited with Landlord. To the extent permitted under their respective insurance policiesAny renewals, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by replacements or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageendorsements thereto shall also be deposited with Landlord.

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and own expense, a policy or policies shall provide and keep in force with companies reasonably acceptable to Landlord public liability insurance for the benefit of insurance providing “commercial general liability” coverage Landlord and Tenant jointly against liability for bodily injury and property damage in the amount at the beginning of the Term of not less than $1,000,000 2,000,000.00 combined single limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from virtue of an umbrella policy). Landlord hereby consents to correspond the Hartford Company as Tenant's insurer, and shall not withhold consent to any increase insurer with a rating at least as good as The placeCityHartford as of the date of this Lease. Tenant shall keep all of Tenant's fixtures, furniture, furnishings, and equipment insured against loss or damage by fire or other hazards included within the usual "all risk" insurance in an amount not less than 100% of the limits specified full insurable replacement value thereof. Tenant shall furnish Landlord with certificates of such policies within thirty (30) days after the Commencement Date of this Lease and whenever required shall satisfy Landlord that such policies are in the New Mexico Tort Claims Act)full force and effect. All insurance required to be carried by Tenant hereunder such policies shall be issued by obtained from responsible insurance companies acceptable to Landlord and qualified to do business in the StateplacePlaceTypeCommonwealth of PlaceNameMassachusetts and in good standing therein and shall be in a form reasonably approved by Landlord. Each policy Such policies shall name Landlord and Landlord's first mortgagee as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide insureds and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies insurance carried by Landlord and Landlord. All such policies shall further provide that any coverage carried by Landlord such policies shall not be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises cancelled or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, altered without at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after least thirty (30) days prior written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord.

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, The Tenant shall maintain throughout the Term provide and keep in force. fire insurance (including standard extended coverage endorsement perils and leakage from fire protective devices) in respect of the Tenant's fixtures, at its sole cost furniture, equipment, inventory and expensestock-in-trade, a policy the Tenant's leasehold improvements to the extent that the Landlord has not elected 'to insure them pursuant to clause 13.1, and such other property in or policies forming part of the Leased Premises (not being property which the Landlord is bound to insure pursuant to clause 13.1) as the Landlord may from time to time require; plate and other glass insurance; if any boiler or pressure vessel is operated in the Leased Premises, boiler and pressure vessel insurance with respect thereto; and comprehensive general business liability insurance with respect to the business carried on in or from the Leased Premises and the use and occupancy thereof for personal injury or death and damage to property of others. Insurance effected by the Tenant under this clause shall be with insurers duly licensed to transact insurance in Alberta, shall be in amounts which the Landlord shall from time to time determine as being reasonable and sufficient (and in the case of insurance providing “commercial general liability” coverage under paragraphs (a) and (b) shall be on a full replacement cost basis subject only to such deductibles and exclusions as the Landlord may approve and in the case of insurance under paragraphs (c) and (d) shall have initial limits not less than $1,000,000 limit per occurrence 2,000,000 in respect of any one accident or such other amounts occurrence), shall permit the release of the Landlord from certain liability as reasonably required by Landlordset out in clause 13.3, including coverage for property damage, bodily injury and wrongful death (which limit may shall as appropriate be increased by written notice from Landlord to correspond to any increase in without subrogation against the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in those for whom the State. Each policy shall Landlord is responsible at law or name the Landlord and those for whom the Landlord is responsible at law as an additional insurednamed insureds with the benefit of severability of interest and cross liability clauses, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall otherwise be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that upon such policy terms and conditions as the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance time require as being reasonable and sufficient. At the request of the Landlord the Tenant shall file with the Landlord such copies of current policies or certificates or other proofs as may be required to be maintained by establish the Tenant's insurance coverage in effect from time to time and the payment of premiums thereon, and if the Tenant hereunder. No such policy shall be cancelable fails to insure or subject pay premiums or to reduction of coverage or other modification or cancellation except after thirty (30) days written file satisfactory proof thereof as so required, the Landlord may without notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing effect such insurance shall be furnished and attached to this Lease as Exhibit “E”. To recover any premiums paid therefor from the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagedemand.

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

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

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

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

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

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

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

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

Tenant’s Insurance. During Tenant shall obtain and maintain during the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of liability insurance with a combined single limit for personal injury and property damage in an amount not less than $1,000,000 limit per 2,000,000 each occurrence or such other amounts and $5,000,000 general aggregate, and employer’s liability and workers’ compensation insurance as reasonably required by Landlord, including law. Tenant’s commercial general liability insurance policy shall (i) include coverage for premises and operations liability, products and completed operations liability, broad form property damage, bodily injury blanket contractual liability and wrongful death personal and advertising liability; (which limit ii) provide that the insurer has the duty to defend all insureds, and (iii) provide that defense costs do not deplete policy limits. Such insurance shall also be endorsed to provide that (1) it may not be increased by canceled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord, (2) Landlord and qualified other entities designated by Landlord are named as additional insureds, (3) the insurer acknowledges acceptance of the mutual waiver of claims by Landlord and Tenant pursuant to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, paragraph (b) a provision that below, and (4) such policy and the coverage evidenced thereby shall be insurance is primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried other insurance maintained by Landlord shall be is excess and noncontributing with such insurance. If, and (c) a waiver by in the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission opinion of Landlord’s insurance adviser, its agents, employees based on an increase in recovered liability claims generally or representatives. Landlord may, at any time and from time to time, inspect and/or copy any in amounts of insurance policies which tenants in similar premises are then being required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction maintain, the specified amounts of coverage or other modification or cancellation except after are no longer adequate, within thirty (30) days written notice to Landlord by the insurerfollowing Landlord’s request, such coverage shall be appropriately increased. Tenant shall furnish also obtain and maintain insurance (“Personal Property Insurance”) covering leasehold improvements paid for by Tenant and Tenant’s personal property and fixtures from time to time in, on, or at the Premises, in an amount not less than one hundred percent(100%) of the full replacement cost, without deduction for depreciation, providing protection against events protected under “All Risk Coverage,” as well as against sprinkler damage, vandalism, and malicious mischief. Any proceeds from the Personal Property Insurance shall be used for the repair or replacement of the property damaged or destroyed, unless this Lease is terminated under an applicable provision herein. If the Premises are not repaired or restored following damage or destruction in accordance with other provisions of this Lease, Tenant shall assign or pay to Landlord and Landlord shall receive any proceeds from the Personal Property Insurance allocable to Tenant’s leasehold improvements. Tenant shall obtain and maintain business interruption insurance in an amount not less than the greater of Tenant’s annual gross revenue or an amount adequate to provide for payment of Base Rent and other amounts due Landlord under this Lease during a one year interruption of Tenant’s business by fire or other casualty. Prior to the commencement of the term, Tenant shall deliver to Landlord copies of such policies or, at Landlord’s option, certificates thereof with renewals or “binders” of any such policy endorsements, and at least twenty thirty (2030) days prior to the expiration of such policy or any renewal thereof, Tenant shall deliver to Landlord replacement or renewal binders, followed by copies of such policies or, at Landlord’s option, certificates within a reasonable time thereafter. A certificate evidencing If Tenant fails to obtain such insurance or to furnish Landlord any such duplicate policies or certificates as herein required, Landlord may, at its election, upon notice to Tenant but without any obligation so to do, procure and maintain such coverage and Tenant shall reimburse Landlord on demand as additional rent for any premium so paid by Landlord. Tenant shall have the right to provide all insurance coverage required herein to be provided by Tenant pursuant to blanket policies so long as such coverage is expressly afforded by such policies for the location which is the Premises. All insurance shall be furnished written by carriers which are admitted in California and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policieswhich have a rating by A.M. Best Insurance Service, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property successor, of at least “A/VIII” or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageequivalent.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceTenant, at its sole cost and own expense, shall maintain during the Lease Term a policy or policies of fire and extended coverage insurance providing “covering the full replacement cost of the Premises (but not less than $3,000,000) and all property and improvements, installed or placed in the Premises by Tenant; worker's compensation insurance with no less than the minimum limits required by law; employer's liability insurance with such limits as required by law; commercial general liability” coverage liability insurance, with liability limits of not less than $1,000,000 2,000,000 combined single limit per occurrence or (together with such other amounts umbrella coverage as reasonably required by Landlord, including coverage Landlord may require) for property damage, bodily injury personal injuries, or deaths of persons occurring in or about the Premises; and wrongful death (which limit pollution liability insurance with such limits as Landlord may be increased by written notice reasonably require; provided, however, that Landlord may from Landlord time to correspond to any time require an increase in the limits specified in the New Mexico Tort Claims Act)any such limits. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy such policies shall name Landlord and Landlord's mortgagee, if applicable, as an additional insured, the issuing insure on an occurrence and not a claims-made basis, be issued by insurance companies which are reasonably acceptable to Landlord, not be cancelable unless 30 days prior written notice shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide been given to Landlord, and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). All such policies insuring the Premises shall name Landlord and Landlord's mortgagee, if any, as the only named insureds. In the event of loss under any policy or policies provided by Tenant to Landlord under this Paragraph 7.2, other than the liability policy required, the insurance proceeds will be payable to Landlord or Landlord's mortgagee; thereafter, such proceeds, with the exception of any loss of rents insurance proceeds and subject to Paragraph 13.1 below, will be used for the expense of repairing or rebuilding those portions of the Premises which have been damaged or destroyed if Landlord and its mortgagee are satisfied that the amount of insurance proceeds together with additional proceeds tendered by Tenant are and will be at least a Class XII companyall times sufficient to pay for the completion of the repairs or rebuilding. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby Such policies or certificates thereof shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice delivered to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees upon commencement of the other, on account Lease Term and upon each renewal of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagesaid insurance.

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord Landxxxx, xxd at Landxxxx'x xequest any mortgage of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancelable, except after thirty twenty (3020) days days' written notice to Landlord by the insurerand Landxxxx'x xender. Tenant shall furnish Landlord with renewals or “"binders” " of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenaxx xxxees that if Tenaxx xxxs not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums together with a ten percent (10%) handling charge (to cover Landxxxx'x xdministration and handling of said policy), payable upon demand. Tenant shall have the right to provide such insurance shall be furnished coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landxxxx'x xortgagee and attached Tenant as required to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLease.

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, At all times Tenant shall maintain keep in force, at its sole cost full force and expense, effect a policy or policies of insurance providing “commercial general liability” coverage liability insurance utilizing the ISO occurrence form CG0001, or equivalent, with respect to the Demised Premises, in such limits as may be reasonably required from time to time by Landlord. The limits of Tenant’s liability insurance on the Commencement Date shall be not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord3,000,000, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in each occurrence. In no event shall the limits specified in the New Mexico Tort Claims Act). All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the State. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunderpursuant to this Section 11.1 be considered as limiting Tenant’s liability under this Lease. No such policy These policies shall be cancelable name Landlord, any person, firms or subject corporations (including, without being limited to, any mortgagee or lessor of Landlord) designated by Landlord as additional insureds as to reduction of the Property only, shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in Section 11.2 hereof and shall contain a clause that the insurer will not cancel or other modification or cancellation except after materially change the insurance without first giving Landlord thirty (30) days prior notice. The insurance shall be written notice by an insurance company, authorized to do business in California, which is reasonably acceptable to Landlord. A certificate of insurance shall be delivered to Landlord by upon the insurer. Tenant execution and delivery of this Lease and replacement certificates or binder shall furnish Landlord with renewals or “binders” of any such policy at least twenty (20) days be delivered prior to the expiration thereofof any then existing coverage. A certificate evidencing such The insurance which Tenant is required to maintain in force and effect under this Section 11.1 shall be furnished primary insurance as respects Landlord (and attached to this Lease any other additional insureds designated by Landlord) as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party Property only, unless and until it is finally determined that Landlord’s or its property or such other designated insured’s active negligence caused the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damage, and not excess over or contributory with any other available insurance. Certificates of insurance evidencing the liability insurance coverage required under this Section 11.1 shall contain an endorsement to such effect. If Tenant fails to obtain the insurance or fails to provide a certificate of insurance as required under this Section 11.1, Landlord may, at its option, after notice to Tenant, obtain the required coverage on behalf of Tenant, and Tenant shall reimburse Landlord for the cost thereof, together with interest from the date of Landlord’s payment to the date of Tenant’s reimbursement, within ten (10) days after Tenant’s receipt of Landlord’s written demand therefor accompanied by an invoice showing payment of the premium by Landlord. In addition, at all times during the Term hereof, Tenant shall procure and maintain Worker’s Compensation Insurance in accordance with the Laws of the State of California and employer’s liability insurance in an amount of not less than One Million Dollars ($1,000,000.00).

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in forceprovide on or before the Commencement Date for the benefit of Landlord and Tenant a comprehensive policy of liability insurance insuring Landlord and Tenant against any liability whatsoever occasioned by accident on or about the Premises and the Real Property or any appurtenances thereto. Such policy is to be written by good and solvent insurance companies reasonably satisfactory to Landlord, at its sole cost and expense, a policy or policies the limits of insurance providing “commercial general liability” coverage of liability thereunder shall not be less than $1,000,000 limit per occurrence or the amounts set forth in Section 31.15 hereof for personal injury, including death, in respect of any one person, in respect of any one occurrence, and in respect of property damage. Such insurance may be carried under a blanket policy covering other locations of Tenant, if any. Landlord shall be a named insured under such other amounts as reasonably policy. Prior to the time such insurance is first required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All insurance required this Article XXVI to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord Tenant, and qualified to do business in the State. Each policy shall name Landlord as an additional insuredthereafter, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy shall contain fifteen (a) a cross-liability endorsement, (b) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least twenty (2015) days prior to the expiration thereof. A of any such policy, Tenant agrees to deliver to Landlord either a duplicate original of the aforesaid policy or a certificate evidencing such insurance, which policy or certificate shall provide that such insurance may not be cancelled except upon thirty (30) days prior notice to Landlord. Upon failure at any time on the part of Tenant to procure and deliver to Landlord the policy or certificate of insurance, as hereinabove provided, stamped "Premium Paid" by the issuing company at least fifteen (15) days before the expiration of the prior insurance policy or certificate, if any, or to pay the premiums therefor, Landlord shall be at liberty, from time to time, as often as such failure shall occur, to procure such insurance and to pay the premium therefor, and any sums paid for insurance by Landlord shall be and become, and are hereby declared, to be Additional Rent hereunder for the collection of which Landlord shall have all the remedies provided for in this Lease or by law for the collection of rent. Payment by Landlord of such premium or the carrying by Landlord of any such policy shall not be deemed to waive or release the default of Tenant with respect thereto. Tenant's failure to provide and keep in force the aforementioned insurance shall be furnished and attached regarded as an Event of Default hereunder entitling Landlord to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policies, Landlord and Tenant hereby waive exercise any or all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been remedies as provided in force at the time of such loss or damagethis Lease.

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a. All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies reasonably acceptable to Landlord and Landlord’s lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and at Landlord’s request any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (ai) a cross-liability endorsement, (bii) a provision that such policy and the coverage evidenced thereby thereby, shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (ciii) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate A Copy of the certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord’s lender. Tenant shall furnish Landlord with Certificates, renewals or “binders” of any such policy at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may (but shall not be required to) on five (5) days’ notice, procure said insurance on Tenant’s behalf and charge the Tenant the premiums together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant hereby waive all rights as required by this Lease. Landlord shall maintain commercial general liability (including contractual liability coverage applicable to indemnification provisions of recovery against this Lease) covering claims for personal and bodily injury and property damage in an amount not less than $3,000,000 per occurrence combined single limit and a general aggregate limit of not less than $5,000,000. Landlord shall also maintain casualty insurance on the other Building and against the officers, employees, agents and representatives, contractors, and invitees Premises in an amount of 100% of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagereplacement cost thereof.

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, obtain at its sole cost own expense and expensekeep in full force and effect during the Term, a policy or policies of insurance providing “commercial general liability” liability insurance (including, without limitation, insurance covering tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's asset manager, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord and (iii) an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $1,000,000 limit per occurrence 5,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other amounts as reasonably required by properties unless the blanket policy contains an endorsement that names Landlord, including coverage Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord the Premises equal to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All amount of insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the Statemaintained hereunder. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy required hereunder shall contain (a) a cross-liability endorsement, (b) a provision clause that such the policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this subsection shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (cor if there be none, an organization having a national reputation) as having a waiver general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant fails to continuously maintain insurance as required by the insurer of any right of subrogation against Landlordthis subsection, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty five (305) business days written notice to Landlord by Tenant, at its option and without relieving Tenant of any obligation hereunder, order such insurance and pay for the insurersame at the expense of Tenant. In such event, Tenant shall furnish Landlord repay the amount expended by Landlord, with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesinterest thereon, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageimmediately upon Landlord's written demand therefor.

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

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

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

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

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

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

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

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

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

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

Tenant’s Insurance. During Tenant shall obtain at its own expense and keep in fu11 force and effect from the term date of full execution and delivery of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expensetough the Expiration Date, a policy or policies of insurance providing “commercial general liability” liability and property damage insurance including broad form contractual liability coverage under which Tenant is named as the insured, and Landlord (and each member thereof in the event Landlord is a partnership or joint venture), RFR Realty LLC (and any other mortgagee or interested parties from time to time designated by RFR Realty LLC), are named as additional insureds, as their interests may appear. Such policy shall contain (i) a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (ii) a waiver of subrogation against Landlord or a consent to a waiver of right of recovery against Landlord, and (iii) an agreement by the insurer that it will not make any claim against or seek to recover from Landlord for any loss, damage or claim whether or not covered under such policy. Such policy shall also contain a provision that the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days' written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than $1,000,000 limit per occurrence 2,000,000 for injury (or death) and damage to property or such greater amount as Landlord may, from time to time, reasonably require. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the termination of any existing policy, a certificate evidencing the effectiveness of the insurance policies required to be maintained hereunder, and Tenant shall provide Landlord with a complete copy of any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other amounts as reasonably required by properties unless the blanket policy contains an endorsement that names Landlord, including coverage Landlord's managing agent and/or designees specified by Landlord from time to time, as additional insureds, references the Premises, and guarantees a minimum limit available for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord the Premises equal to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). All amount of insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and qualified to do business in the Statemaintained hereunder. Each policy shall name Landlord as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII company. Each policy required hereunder shall contain (a) a cross-liability endorsement, (b) a provision clause that such the policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance required under this Article 9 shall not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (cor if there be, none, an organization having a national reputation) as having a waiver general policyholder rating of "A" and a financial rating of at least "13". In the event that Tenant fails to continuously maintain insurance as required by the insurer of any right of subrogation against Landlordthis Article 9, its agents, employees and representatives, which arises or might arise by reason of any act or omission of Landlord, its agents, employees or representatives. Landlord may, at its option and without relieving Tenant of any time obligation hereunder, order such insurance and from time to timepay for the same at the expense of Tenant. In such event, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty (30) days written notice to Landlord by the insurer. Tenant shall furnish Landlord repay the amount expended by Landlord, with renewals or “binders” of any such policy at least twenty (20) days prior to the expiration thereof. A certificate evidencing such insurance shall be furnished and attached to this Lease as Exhibit “E”. To the extent permitted under their respective insurance policiesinterest thereon, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageimmediately upon Landlord's written demand therefor.

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

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

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

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

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord's lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and, at Landlord's request, any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (a1) a cross-liability endorsement, (b2) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c3) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payments under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefore. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. , No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation cancellable except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord's lender. Tenant shall furnish Landlord with renewals or “binders” evidence of renewal of any such policy (together with evidence of the payment of the premium for such renewal), at least twenty ten (2010) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Tenant does not take out Sand maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Tenant the premiums incurred therefore, together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss as required by or damage to the waiving party or its property or the property of others under its control, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damagethis Lease.

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

Tenant’s Insurance. During the term of this Lease and any extension thereof, Tenant shall maintain in force, at its sole cost and expense, a policy or policies of insurance providing “commercial general liability” coverage of not less than $1,000,000 limit per occurrence or such other amounts as reasonably required by Landlord, including coverage for property damage, bodily injury and wrongful death (which limit may be increased by written notice from Landlord to correspond to any increase in the limits specified in the New Mexico Tort Claims Act). a) All insurance required to be carried by Tenant hereunder shall be issued by responsible insurance companies acceptable to Landlord and Landlord’s lender and qualified to do business in the State. Each policy shall name Landlord Landlord, and, at Landlord’s request, any mortgagee of Landlord, as an additional insured, the issuing companies shall have a rating of not less that “A” in the latest edition of Best’s Insurance Guide and shall be at least a Class XII companyas their respective interests may appear. Each policy shall contain (a1) a cross-liability endorsement, (b2) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (c3) a waiver by the insurer of any right of subrogation against Landlord, its agents, employees and representatives, which arises or might arise by reason of any payments under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (authenticated by the insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy required hereunder shall be delivered to Landlord before the date Tenant is first given the right of possession of the Premises, and thereafter within thirty (30) days after any demand by Landlord therefor. Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable or subject to reduction of coverage or other modification or cancellation except after thirty twenty (3020) days written notice to Landlord by the insurerand Landlord’s lender. Tenant shall furnish Landlord with renewals or “binders” evidence of renewal of any such policy (together with evidence of the payment of the premium for such renewal), at least twenty (20ten ( I 0) days prior to the expiration thereof. A certificate evidencing Tenant agrees that if Xxxxxx does not take out and maintain such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums incurred therefor, together with a twenty-five percent (25%) handling charge, payable upon demand. Tenant shall have the right to provide such insurance shall be furnished and attached coverage pursuant to this Lease as Exhibit “E”. To blanket policies obtained by the extent permitted under their respective insurance policiesTenant, Landlord and Tenant hereby waive all rights of recovery against the other and against the officers, employees, agents and representatives, contractors, and invitees of the other, on account of loss by or damage provided such blanket policies expressly afford coverage to the waiving party or its property or the property of others under its controlPremises, to the extent that such loss or damage is insured against under any insurance policy which may have been in force at the time of such loss or damageLandlord, Landlord’s mortgagee and Xxxxxx as required by this Lease.