Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain keep in force at its own expense, so long as this Lease remains in effect, (a) commercial general 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 bodily 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 35, Section 10, 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, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord, (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months and (f) pollution coverage insurance of not less than One Million Dollars ($1,000,000.00). 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenantcontractor’s Property protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen’s compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord’s demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including host liquor liability, including 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, Landlord's Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party, (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (dF) when Alterations are business interruption insurance in process, an amount equal to Tenant's Base Rent and Additional Rent obligations under this Lease for nine (9) months. Tenant's insurance shall provide primary coverage to Landlord for the insurance specified in Section 4.02(f) hereofproperty that will inure to Landlord during the Term of this Lease and for third party liability exposures within the confines of the Premises. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of recognized responsibility licensed A:VII or better, reasonably satisfactory to do business 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 New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 5% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: (a) Tenant shall procure, pay for and keep in full force and effect, at all times during the Term Lease Term, the following: (ai) “all risk” Comprehensive general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Building, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (as set forth in Article 1), which insurance covering all present shall contain a "broad form liability" endorsement insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease. (ii) Fire and future property damage insurance in so- called "fire and extended coverage" form insuring Tenant against loss from physical damage to Tenant’s Property 's personal property, inventory, trade fixtures and Fixtures improvements within the Leased Premises with coverage for the full actual replacement cost thereof; (iii) Plate glass insurance, at actual replacement cost; (iv) Pressure vessel insurance, if applicable; (v) Product liability insurance (including, without limitation, if food and/or beverages are distributed, sold and/or consumed within the Leased Premises, to a limit the extent obtainable, coverage for liability arising out of the distribution, sale, use or consumption of food and/or beverages (including alcoholic beverages, if applicable) at the Leased Premises for not less than Tenant's Required Liability Coverage (as set forth in Article 1); (vi) Workers' compensation insurance and any other employee benefit insurance sufficient to comply with all laws; and (vii) With respect to making of alterations or the full replacement cost thereofconstruction of improvements or the like undertaken by Tenant, contingent liability and builder's risk insurance, in an amount and with an agreed amount endorsement, and coverage reasonably satisfactory to Landlord. (b) commercial general Each policy of liability insuranceinsurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, andexcept with respect to insurance required by subparagraph (a)(vi) above, if necessary, commercial umbrella insurance, including a contractual liability endorsementname Landlord, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenantsuch others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form satisfactory to Landlord; (iv) shall be carried with limits companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not less than $5,000,000 combined single limit for bodily injury be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property damage liability in insurance maintained by Tenant with respect to the Leased Premises or the Property or any one occurrence property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors. (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit Prior to the time Tenant or pressure object or similar equipment in any of its contractors enters the Leased 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 liability of Tenant. Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any additional insuredssuch insurance, at least 10 the requirements of this Paragraph must be complied with not less than thirty days prior to the Commencement Dateexpiration or cancellation of the policies being renewed or replaced. Landlord may, 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 at any time and pay for renewals of such insurance from time to time before the expiration thereoftime, and Tenant shall deliver to Landlord and inspect and/or copy any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such insurance policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover be carried by Tenant pursuant to this Article. If Landlord's Lender, insurance broker, advisor or counsel reasonably determines at any such insurance moneys. Landlord may from time to time require that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to be maintained by Tenant under this Section 7.02 be increasedsuch greater amount as Landlord's Lender, so that the amount thereof adequately protects Landlord’s interest.insurance broker, advisor or counsel reasonably deems adequate. 9.2

Tenant’s Insurance. Tenant Tenant, at its expense, shall procure and maintain at all times during the Term (a) “of this Lease special form all risk” risk property insurance covering the full replacement cost of all present property and future improvements installed or placed in the Premises, including without limitation the tenant improvements described in EXHIBIT D attached hereto; worker's compensation insurance with no less that the minimum limits required by law and employer's liability insurance with a minimum limit of One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Tenant shall also, at Tenant’s Property 's sole cost and Fixtures expense, for the benefit of Landlord, Landlord's manager and Tenant, maintain comprehensive commercial general liability insurance with broad liability endorsement against claims for personal injury, death or property damage occurring upon, in or about the Premises. Such insurance shall afford protection to a Landlord, its managing agent and Tenant to the limit of not less than the full replacement cost thereof, with an agreed amount endorsementThree Million and 00/100 Dollars ($3,000,000.00) per occurrence, and Three Million and 00/100 Dollars (b$3,000,000.00) commercial general liability insuranceaggregate, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one damage. Such policies of insurance shall insure on an occurrence and (c) boiler not a claims-made basis, be written in companies reasonably satisfactory to Landlord, name Landlord, Landlord's directors, officers, members, shareholders, agents and machineryemployees as additional insureds thereunder, if there is not be cancelable unless 30 days prior written notice shall have been given to Landlord, and such policies, or a boilermemorandum or certificate of such insurance, supplemental air conditioning unit or pressure object or similar equipment in shall, prior to Tenant taking possession of 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 liability of Tenant. Tenant shall deliver be delivered to Landlord and any additional insureds, at least 10 days prior to endorsed "Premium Paid" by the Commencement Date, such fully paid-for policies company or certificates of insurance, in form reasonably agency issuing the same or accompanied by other evidence satisfactory to Landlord issued by that the insurance company or its authorized agentpremium thereon has been paid. Tenant shall procure and pay for renewals of such insurance from time to time before Further, the expiration thereofcommercial liability, 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 such policies shall be issued by insurance companies which are reasonably acceptable to Landlord. At such time as insurance limits required of recognized responsibility licensed tenants in similar buildings in the area in which the Building is located are generally increased to do business in New York State and rated greater amounts, Landlord shall have the right to require 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 all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of to Tenant such cancellation, lapse or modificationgreater limits as may then be customary. The proceeds of policies providing “all risk” property insurance of Tenant agrees to include in such policy the contractual liability coverage insuring Tenant’s Property and Fixtures 's indemnification obligations provided for herein. Tenant's liability coverage shall be payable deemed primary to any liability coverage secured by Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall hereby agrees to maintain in full force and effect at all times during the Term and any other period of its occupancy or possession of the Premises, at its own expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (a1) “all risk” Worker's Compensation and Employer's Liability Insurance to the extent required by then applicable law, (2) Commercial General Liability Insurance with a Broad Form Liability Endorsement (including protective liability coverage on operations of independent contractors engaged in construction, coverage of Tenant's indemnity obligations under this Lease and blanket contractual liability insurance) on an "occurrence', basis against claims for "personal injury" liability, including, without limitation, bodily injury, death and property insurance covering all present and future Tenant’s Property and Fixtures to damage liability, with a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and Three Million Dollars (b$3,000,000) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of "personal injury" to any number of persons or of damages to property arising out of any single "occurrence," (3) insurance against loss or damage by fire and such other risks and hazards as are insurable under then applicable standard forms of "all risk" fire and extended coverage insurance policies to all of the Tenant Improvements and the personal property, furniture, furnishings and fixtures belonging to Tenant used or located in the Premises for not less than one hundred percent (100%) of the actual replacement value thereof (the proceeds of which insurance, so long as this Lease remains in effect, shall execute be used to repair or replace such personal property, furnishings and deliver fixtures in the Premises; provided, however, that upon any termination of this Lease pursuant to Paragraph 13 above, all such proceeds shall be the property of Landlord), and (4) business interruption or loss of income insurance in an amount equal to the Basic Annual Rent for a period of at least nine (9) months commencing with the date of loss (the proceeds of which insurance shall be paid to Landlord such proofs to the extent of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that abatement of rent under the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease).

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Xxxxxxxx, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Xxxxxxxx's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Xxxxxxxx's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. (a) Tenant shall maintain at all times during the Term (ai) “"all risk” " property insurance covering all present and future Tenant’s Property 's Property, Fixtures and Fixtures Tenant's Improvements and Betterments to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 10,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (ciii) boiler and machinerymachinery insurance, if there is a boiler, supplemental supplementary air conditioning unit 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 loss payees as their interests may appearadditional insureds, with limits of not less than the full replacement cost thereof, with an agreed amount endorsement, $10,000,000 and (div) when Alterations are in process, the insurance specified in Section 4.02(f5.02(f) hereof. The limits 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, 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 such policies shall be issued by companies of recognized responsibility licensed approved to do business in New York State and rated by Best’s 's Insurance Reports or any successor publication of comparable standing as A/VIII A-/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days 30 days' prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “"all risk” " property insurance of Tenant’s Property Fixtures and Fixtures Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall have the right to receive the proceeds paid with respect to Tenant's Property of any policy maintained by Tenant to provide insurance of Tenant's Property, Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys monies that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysmonies. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 8.02 be increased, so that the amount thereof adequately protects Landlord’s interest'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 with respect to the insurance required to be maintained by Tenant hereunder may be carried under a blanket policy covering the Premises and other locations of Tenant, if any, provided that (x) the coverages and limits applicable to the 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 not been covered under a blanket policy.

Tenant’s Insurance. Tenant shall shall, at its sole cost and expense, obtain and maintain at all times during throughout the Term (a) term of this Lease, on a full replacement cost basis, “all risk” property insurance covering all present and future of Tenant’s Property inventory, furniture, furnishings, fixtures, equipment and Fixtures all tenant improvements or 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 coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insuranceLeased Premises, including a contractual liability endorsementprotection against death, and personal injury and property damage. Such liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address coverage shall have been furnished to Tenant, as additional insuredsbe written on an “occurrence” basis, with limits of not less than $5,000,000 1,000,000.00 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment coverage. All policies of insurance required to be carried by Tenant hereunder shall be written by an insurance company licensed to do business in the PremisesState of Colorado, with and shall name Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenantthe management company as an additional named insured and/or loss payee, as loss payees as their interests Landlord may appear, with limits direct. Each such policy shall provide that same shall not be changed or modified without at least thirty (30) days’ prior written notice to Landlord and any mortgagee of not less than Landlord. Certificates evidencing the full replacement cost thereof, with an agreed amount endorsement, extent and (d) when Alterations are in process, effectiveness of all Tenant’s insurance shall be delivered to Landlord and the insurance specified in Section 4.02(f) hereofmanagement company. The limits of such insurance shall not 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. Tenant shall deliver ’s premiums or to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates arrange substitute insurance with an insurance company of insuranceLandlord’s choosing, in form reasonably satisfactory to which event any premiums advanced by Landlord issued by the insurance company or its authorized agent. Tenant shall procure constitute additional rent payable under this Lease 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable by Tenant to LandlordLandlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant and each Superior Lessor and Superior Mortgagee maintains coverage to carry any such insurance as their interests Landlord may appear. Tenant shall cooperate with Landlord elect in connection with the collection of any insurance moneys that may be due order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of loss Landlord hereunder shall be in addition to, and 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 Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant’s failure to provided or maintain such insurance or otherwise, Tenant shall execute and deliver promptly reimburse Landlord for an amount equal to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increaseddeductible incurred, so that the amount thereof adequately protects Landlord’s interestimmediately upon demand for same.

Tenant’s Insurance. a. All insurance required to be carried by Tenant hereunder shall maintain at all times during the Term (a) “all risk” property be Issued by responsible insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver companies acceptable 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 Landlord's lender 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 such policies shall be issued by companies of recognized responsibility licensed qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross- liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non- contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Section 8.02 of the Lease is hereby deleted and, in lieu thereof, the following is instead substituted: Tenant shall maintain purchase, at its own expense, and keep in force at all times during the Lease Term the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) “all risk” property be issued by an insurance covering all present company with a Best’s rating of A or better (excluding situations where the Tenant self-insures as provided herein) and future Tenant’s Property otherwise reasonably acceptable to Landlord and Fixtures shall be licensed to a limit of not less than do business in the full replacement cost thereof, with an agreed amount endorsement, and state in which the Leased Premises is located; (b) provide that said insurance shall not be canceled 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, with respect to Tenant’s obligations under the Lease, not contributing with, and not in excess of, coverage that Landlord may carry (with Landlord’s insurance being primary with respect to Landlord’s obligations under the lease); 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” or similar endorsement) shall be delivered to Landlord prior to the Commencement Date and upon renewal and request a Certificate of Insurance will be delivered. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverageand property damage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits amount of not less than $5,000,000 combined single limit for bodily injury 2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate, per location; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage liability in any one occurrence based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment all areas appurtenant thereto 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 amount of not less than $1,000,000, combined single limit; (iii) omitted; (iv) workers’ compensation insurance per the full replacement cost thereofapplicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and if Tenant handles, with an agreed amount endorsementstores or utilizes Hazardous Substances in its business operations, (vi) pollution legal liability insurance. The foregoing notwithstanding, Landlord hereby consents to Tenant’s self-insurance program provided that, at all times throughout the Term during which Tenant desires that Landlord accept Tenant’s self-insurance program, said program contains procedures (reasonably acceptable to Landlord) governing the investigation, litigation, processing, funding of reserves, and payment of insurance claims (d) when Alterations are including claims brought by Landlord in processits capacity as an additional insured under this Lease), which procedures shall be consistent with those of third-party insurers. At all times, Tenant’s self-insurance program shall be subject to, and comply with, all of the requirements for Tenant’s insurance specified policies as described in this Section 4.02(f) hereof. The limits of such 8.02 and Landlord’s consent to Tenant’s self-insurance program shall not limit the liability diminish or abrogate any or all of Tenantsaid requirements in any way. Upon Landlord’s request, Tenant shall deliver to Landlord certificates and any additional insuredswritten details, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable acceptable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection evidencing the compliance of its self-insurance program with the collection provisions of this paragraph. Landlord’s consent to Tenant’s self-insurance program will automatically terminate upon the effective date of any insurance moneys assignment, transfer or assumption of the Lease by or to any third party, including transfers by operation of law, regardless of whether or not Landlord consents to such transfer (and without, in any way or to any extent, constituting a waiver of any requirement imposed under this Lease that may be due in the event of loss Landlord consent to, and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover approve of, any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedassignment, so that the amount thereof adequately protects Landlord’s interesttransfer or assumption).

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain 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, and water insurance, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all improvements installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 9, or otherwise, (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits, (d) and (d) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. 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 coverage which Landlord shall carry. Tenant shall provide the policy or policies of such required insurance or certificates thereof to Landlord upon its written request, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the Commencement Date and shall be maintained in force at all times during the Term Lease Term. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenant’s Property contractor's protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen's compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. LL INITIAL____JW________ TENANT INITIAL___GH_____________ In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 9, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord's demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross- liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall shall, at its sole cost and expense, obtain and maintain at all times during throughout the Term (a) “term of this Lease, on a full replacement cost basis, "all risk” property " insurance covering all present of Tenant's inventory, furniture, furnishings, fixtures, equipment and future Tenant’s Property all tenant improvements or tenant finish (whether or not installed by Landlord) and Fixtures 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 coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insuranceLeased Premises, including a contractual liability endorsementprotection against death, and personal injury and property damage. Such liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address coverage shall have been furnished to Tenant, as additional insuredsbe written on an "occurrence" basis, with limits of not less than $5,000,000 1,000,000.00 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment coverage. i. All policies of insurance required to be carried by Tenant hereunder shall be written by an insurance company licensed to do business in the PremisesState of Colorado, with and shall name Landlord as an additional named insured and/or loss payee, as Landlord may direct. Each such policy shall provide that same shall not be changed or modified without at least thirty (30) days' prior written notice to Landlord and its managing agent, if any, any mortgagee of Landlord. Certificates evidencing the extent and each Superior Lessor and Superior Mortgagee whose name and address effectiveness of all Tenant's insurance shall have been furnished be delivered 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) hereofLandlord. The limits of such insurance shall not not, under any circumstances, limit the liability of Tenant under this Lease. ii. 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. Tenant shall deliver 's premiums or to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates arrange substitute insurance with an insurance company of insuranceLandlord's choosing, in form reasonably satisfactory to which event any premiums advanced by Landlord issued by the insurance company or its authorized agent. Tenant shall procure constitute additional rent payable under this Lease 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable by Tenant to LandlordLandlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant and each Superior Lessor and Superior Mortgagee maintains coverage to carry any such insurance as their interests Landlord may appear. Tenant shall cooperate with Landlord elect in connection with the collection of any insurance moneys that may be due order to provide coverage in the event Tenant fails to properly maintain such insurance. iii. The rights of loss Landlord hereunder shall be in addition to, and 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 Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant's failure to provided or maintain such insurance or otherwise, Tenant shall execute and deliver promptly reimburse Landlord for an amount equal to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysdeductible incurred, immediately upon demand for same. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.c.

Tenant’s Insurance. Tenant shall obtain and maintain at all times during the Term (a) “all risk” term of this Lease commercial general liability insurance with a combined single limit for personal injury and property damage in an amount not less than $2,000,000 each occurrence and $5,000,000 general aggregate, and employer’s liability and workers’ compensation insurance covering all present and future as required by 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, blanket contractual liability; (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 canceled or altered in such a manner as adversely to affect the coverage afforded thereby without thirty (30) days’ prior written notice to Landlord, (2) Landlord and 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 paragraph (b) below, and (4) such insurance is primary with respect to Landlord and that any other insurance maintained by Landlord is excess and noncontributing with such insurance. If, in the opinion of Landlord’s insurance adviser, based on an increase in recovered liability claims generally or in amounts of insurance which tenants in similar premises are then being required to maintain, the specified amounts of coverage are no longer adequate, within thirty (30) days following Landlord’s request, such coverage shall be appropriately increased. Tenant shall also obtain and maintain insurance (“Personal Property Insurance”) covering leasehold improvements paid for by Tenant and Fixtures Tenant’s personal property and fixtures from time to a limit 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 full replacement cost thereof, with greater of $2,000,000 or an agreed amount endorsement, adequate to provide for payment of Base Rent and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including other amounts due Landlord under this Lease during a contractual liability endorsement, and personal injury liability coverage, in respect one year interruption of Tenant’s business by fire or other casualty. Prior to the commencement of the Premises and the conduct or operation of business thereinterm, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insuredscopies of such policies or, at Landlord’s option, certificates thereof with endorsements, and at least 10 thirty (30) 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 expiration of such insurance from time to time before the expiration policy or any renewal thereof, and Tenant shall deliver to Landlord and any additional insureds such replacement or renewal policy or a certificate thereof at least 30 days before the expiration binders, followed by copies of any existing policy. All such policies or, at Landlord’s option, certificates within a reasonable time thereafter. 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 be issued reimburse Landlord on demand as additional rent for any premium so paid by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with have the collection of any right to provide all insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be coverage required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance herein to be maintained provided by Tenant under this Section 7.02 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 increasedwritten by carriers which are admitted in California and which have a rating by A.M. Best Insurance Service, so that the amount thereof adequately protects Landlord’s interestor its successor, of at least “A/VIII” or equivalent.”

Tenant’s Insurance. Tenant shall maintain carry at all times during its own expense throughout the Term (a) “all risk” property of this Lease, comprehensive general public liability insurance covering all present the Premises and, appurtenant areas, and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost use thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a covering Tenant’s contractual liability endorsementunder this Lease in an amount periodically adjusted to conform to then current standard business practices for comparable business operations, but in no case less than $2,000,000 in combined single limit and general aggregate coverage for bodily injury or death, personal injury and property damage. Tenant shall keep in full force and effect a policy or policies of Worker’s Compensation insurance as required by law and with employer’s liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits coverage of not less than $5,000,000 combined single limit for bodily injury 500,000 per employee and property damage liability in any one occurrence and (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) hereofper occurrence. The limits amounts of general liability and employer’s liability insurance shall be increased on the third anniversary of the Measurement Date and every third anniversary thereafter to an amount reasonably determined by Landlord as may be required, given the then current economic conditions and the size of damage awards generally, to approximate the same level of protection as was provided on the Commencement Date. Tenant shall provide Landlord with copies of insurance policies or other evidence of such insurance coverage prior to the Commencement Date of the Lease and shall not limit the liability of Tenant. Tenant shall deliver provide to Landlord and any additional insureds, copies of replacement policies at least 10 thirty (30) days prior to the Commencement Datedate of expiration of a policy. A binder or certificate of insurance shall be sufficient evidence of insurance pending issuance of a policy; provided, such fully paid-for policies or certificates however, that Tenant shall forward a copy of insurance, in form reasonably satisfactory each policy to Landlord issued by the when issued. Such insurance company or its authorized agentpolicies shall be on forms reasonably acceptable to Landlord and such policies shall be on an occurrence basis. Tenant Such insurance shall procure name Landlord and pay for renewals of such insurance any management agent from time to time before the expiration thereof, and Tenant shall deliver to designated by Landlord and any lender of Landlord as additional insureds, and shall provide that coverage of additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued primary and that any insurance maintained by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to excess only. Such insurance shall provide that the interests of Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant other insureds shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord severable such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount act or omission of one insured shall not avoid or reduce the coverage of other insureds. Such insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.shall contain endorsements

Tenant’s Insurance. Tenant agrees, 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 maintain at all times during provide All Risk or Special Cause of Loss coverage (or its equivalent or industry replacement) equal to the Term (a) “all risk” replacement cost of said property. The property insurance covering all present provided by Tenant as required by this paragraph shall be carried in favor of Landlord and future Tenant 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 agrees, at its sole cost, to obtain and maintain throughout the Lease Term, in combination with the umbrella, Commercial General Liability insurance for occurrences within the Project with a combined single limit of not less than Five Million Dollars ($5,000,000) per occurrence and $5,000,000 in the aggregate, worker’s Property compensation insurance in compliance with statutory requirements, and Fixtures to Employer’s Liability with a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, One Million Dollars ($1,000,000) per accident and (b) commercial general by disease. Tenant’s liability insurance, and, if necessary, commercial umbrella insurance, including insurance shall be primary insurance containing a contractual cross-liability endorsement, and personal injury liability coverage, in respect shall provide coverage on an “occurrence” rather than on a “claims made” basis. All such insurance shall provide for severability of interests; shall provide that an act or omission of one of the Premises named or additional insureds shall not reduce or avoid coverage to the other named or additional insureds. Tenant shall name Landlord, Landlord’s property manager and the conduct or operation of business therein, with Landlord’s lenders as additional insureds on Tenant’s liability policies and shall name Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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, Landlord’s lenders as loss payees as their interests may appearon its property insurance. Tenant shall provide a waiver of subrogation in favor of Landlord, with limits of not less than the full replacement cost thereof, with an agreed amount endorsement, Landlord’s affiliates 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 liability of Tenantproperty manager for worker’s compensation and employer’s liability. Tenant shall deliver to Landlord a copy of all required certificates and any additional insuredsrenewal certificates, at least 10 days or other evidence of coverage reasonably acceptable to Landlord, prior to the earlier of the Commencement DateDate or first entry to ready any portion of the Premises for Tenant’s occupancy, and before expiration of any such fully paid-for policies or certificates policies, but in no event later than five (5) days after the scheduled expiration of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agentsuch policies. 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 provide at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days thirty (30) days’ prior written notice to Landlord of such any cancellation, lapse termination, or modificationreduction in coverage. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures In no event shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection types or limits of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be policies maintained or required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained under this Lease by Tenant or its contractors limit Tenant’s liability under this Section 7.02 be increasedLease, so that the amount thereof adequately protects Landlordincluding without limitation Tenant’s interestindemnification, defense and hold harmless obligations.

Tenant’s Insurance. Tenant, at Tenant's sole cost and expense, shall obtain and keep in full force and effect (i) an "all risk" insurance policy for Tenant's Property at the Premises, and (ii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in this clause (ii) being referred to herein as the "Liability Policy"). Such policies shall name Tenant as the insured. Landlord, Landlord's managing agent, and any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall maintain at all times during the Term be named as additional insureds on such policies, as their respective interests may appear. The Liability Policy shall contain a provision that (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures no act or omission of Tenant shall affect or limit the obligation of the insurer to a limit pay the amount of not less than the full replacement cost thereof, with an agreed amount endorsementany loss sustained, and (b) commercial general liability insurancethe policy shall be non-cancelable with respect to Landlord, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its Landlord's managing agent, if anyand such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the policy number and each Superior Lessor the names of the insured and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 thirty (30) days prior to the Commencement Dateeffective date of any such cancellation for any reason other than the non-payment of premium, or at least ten (10) days prior to the effective date of any such fully paidcancellation by reason of non-for policies payment of premium. If (i) any insurance obtained by Tenant covers Alterations, and (ii) this Lease does not terminate after the occurrence of a fire or certificates other casualty, then (a) Tenant, promptly after the occurrence of insurancesuch fire or other casualty, shall make an appropriate claim against its insurer in form reasonably satisfactory respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord issued any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent otherwise provided herein shall be unaffected by the inadequacy of such insurance company or its authorized agentto cover the cost of such restoration). Tenant shall procure deliver promptly to Landlord a copy of any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under any policy of insurance described in this Section 9.1. The minimum amounts of liability under the Liability Policy shall be a combined single limit with respect to each occurrence in an amount of Five Million Dollars ($5,000,000) for injury (or death) to persons and pay for renewals of such insurance damage to property, which amount may be increased from time to time before to that amount of insurance which in Landlord's reasonable judgment is then being customarily required by prudent landlords of first-class buildings in Manhattan from tenants leasing space similar in size, nature and location to 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 policyPremises. All such policies insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by companies of recognized responsibility licensed reputable and independent insurers permitted to do business in the State of New York State York, and rated by in Best’s 's Insurance Reports Guide, or any successor publication thereto (or if there is none, an organization having a national reputation) as having a general policyholder rating of comparable standing as "A/VIII or better or the then equivalent " and a financial rating of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest"XIII".

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters of occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before following the expiration of any existing policy. All the initial Term, such policies shall be issued by companies 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 other amounts as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time reasonably require that (and, if the amount 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, Landlord’s Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (B) insurance covering the full value of all alterations and improvements and betterments in the Premises, naming Landlord and Landlord’s Mortgagee as additional loss payees as their interest may appear, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment, (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (F) business interruption insurance in an amount reasonably acceptable to Landlord. Any insurance required to be maintained by Tenant may be taken out under a blanket insurance policy or policies covering other premises, property or insureds in addition to the Premises and Tenant, provided such policy or policies otherwise comply with this Section 7.02 be increased11(a). Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, so that the amount thereof adequately protects and in such circumstance Landlord’s interestpolicy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence 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, 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. All such insurance policies shall be in form, and 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 or otherwise, may, but shall not be obligated to, obtain insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such cost.

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “Tenant, at its sole cost and expense, shall, at all risk” times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and keep in full force and effect: (i) a commercial general liability policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the leased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to personal liability and property insurance covering damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all present risk property insurance, including theft and, if applicable, boiler and future machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant’s Property 's merchandise, trade fixtures, furnishings, equipment and Fixtures all items of personal property of Tenant and including property of Tenant's customers located on or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with respect to a limit alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000) per occurrence for personal injury and death and property damage; (vi) the full replacement cost thereof, with an agreed amount endorsement, insurance required under Exhibit B; and (bvii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the amount circumstances. The minimum limits of coverage as set forth in this paragraph may from time to time, at Landlord's option, be increased by not more than five percent (5%) per annum, on a cumulative basis, with such increase to occur not more often than once during each lease year during the term hereof and with no individual annual increase in coverage being greater than ten percent (10%). The deductibles under any of such insurance policies to be maintained carried by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestshall not exceed Five Thousand Dollars ($5,000).

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance (which when combined with any umbrella policy maintained by Tenant) provides for coverage in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord from time to time reasonably requires (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including 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, Landlord’s Mortgagee against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, to the extent required by applicable Law, and (dF) when Alterations are business interruption insurance in process, the insurance specified in Section 4.02(f) hereofan amount sufficient to cover one year’s Basic Rent and Additional Rent under this Lease. The limits commercial general liability insurance to be maintained by Tenant may have a deductible of no more than $5,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage. Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 ten (10) days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall notify Landlord at least thirty (30) days before cancellation of any such insurance policies. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with a Best’s rating of A+:VII or better. If Tenant fails to comply with the foregoing insurance company requirements or its authorized agent. Tenant to deliver to Landlord the certificates or evidence of coverage required herein, and such failure continues for more than two (2) business days after written notice from Landlord, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall procure and pay for renewals of not be obligated to, obtain such insurance from time to time before the expiration thereof, and Tenant shall deliver pay to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 within thirty (30) days before after written notice from Landlord, the expiration premium costs thereof, plus an administrative fee of any existing policy. All such policies shall be issued by companies 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 then equivalent 15% of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Effective as of the earlier of v) the date Tenant enters or occupies the Premises, or vi) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably 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, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, and, if necessaryrequested in writing by Landlord, commercial umbrella insuranceLandlord’s Mortgagee, including against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s equipment, with Landlord (2) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (3) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s 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) worker’s compensation insurance, and (d6) business interruption insurance in an amount reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of recognized responsibility licensed A+:VII or better, reasonably satisfactory to do business 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 New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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, (d) insurance of all plate and other interior glass in the Premises for and in the name of Landlord, and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day’s written notice to Landlord or its designees. All such policies of in­surance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenantcontractor’s Property protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen’s compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord’s demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain maintain, at all times during the Term (a) “all risk” property insurance covering all present its own cost and future Tenant’s Property and Fixtures to a expense, in responsible companies approved by Landlord, combined single limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general public liability insurance, andinsuring Landlord, if necessary, commercial umbrella insurance, including a contractual liability endorsement, Landlord’s Management Company and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property in an amount of not less than $1,000,000.00. If Tenant engages in the full replacement sale of wine, beer, or liquor (alcohol sales of any kind) whether for on site or off site consumption, Tenant shall maintain, at its own cost thereofand expense, with in responsible companies approved by Landlord, Liquor Liability insurance in an agreed amount endorsementnot less than $2,000,000.00. Additionally in the case of either a (i) nightclub use or (ii) restaurant use (where dancing or live music occur) Tenant shall maintain an Umbrella Liability insurance in an amount not less than $2,000,000.00. Landlord, Landlord’s Management Company, and (d) when Alterations are their directors, officers, employees and agents, shall be covered as additional insureds without limitation in processall such policies. All required liability insurance shall have no exclusion for Assault and Battery, Abuse and Molestation or incidents involving Firearms. Landlord shall have the right to direct Tenant to increase such amounts whenever it considers them inadequate. Such liability insurance specified in Section 4.02(f) hereofshall also cover and include all exterior signs maintained by Tenant. The limits policy of such insurance shall not limit may be in the liability form of Tenanta general coverage or floater policy covering these and other premises, provided that Landlord and Landlord’s Management Company are specifically insured therein. Tenant shall deliver 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, theft, vandalism, malicious mischief and special extended coverage as may be reasonably required or advisable, covering 100% of the replacement costs of any items of value, including but not limited to, signs, stock, inventory, fixtures, improvements, floor coverings, equipment and air conditioning compressors and equipment serving the Premises. Tenant shall maintain worker’s compensation insurance as required by applicable law and environmental indemnity insurance if required under Article 7.5 of this Lease. All of said insurance shall be in form and in responsible companies satisfactory to Landlord Landlord, and any additional insuredsshall provide that it will not be subject to cancellation, termination or change except after at least 10 30 days prior written notice to the Commencement Date, such fully paid-for policies or certificates Landlord. Any insurance procured by Tenant shall be primary and shall contain an express waiver of insurance, in form reasonably satisfactory to Landlord issued any right of subrogation by the insurance company against Landlord, Landlord’s Management Company and Landlord’s insurer. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on or its authorized agentbefore the day Tenant takes possession of the Premises. Failing to provide and maintain all required insurance shall be considered a material breach of this Lease. Thereafter, Tenant shall procure and pay for renewals provide Landlord with evidence of proof of payment upon renewal of any such policy, not less than 30 days prior to expiration of the term of such coverage. In the event Tenant fails to obtain or maintain the insurance from time required hereunder, Landlord may obtain same, without any obligation whatsoever to time before the expiration thereofdo so, and Tenant shall deliver to any costs incurred by Landlord and any additional insureds such renewal policy or in connection therewith plus a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures ten percent (10%) administrative fee shall be payable by Tenant upon demand. Nothing herein shall be deemed or construed to either (i) release Xxxxxxxx’s insurer from any obligation to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects ; or (ii) impair Landlord’s interestrights as to any of its own insurance coverages or policy benefits.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Rent Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including 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, Landlord’s Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (dF) business interruption insurance in an amount reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Rent Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of recognized responsibility licensed coverage required herein, Landlord, in addition to do business in New York State and rated by Best’s Insurance Reports any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant Tenant, at its sole cost and expense, shall maintain at all times during the Term (a) “Term: all risk” risk property insurance with business interruption and extra expense coverage, covering the full replacement cost of all present property and future improvements installed or placed in the Premises by Tenant at Tenant’s Property and Fixtures to expense; workers’ 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 insurance, with a minimum limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit 2,000,000 per occurrence for bodily injury and property damage with respect to the Premises. The commercial general liability in any one insurance policy shall name Landlord, its officers, directors, employees, managers, agents and Alexandria Real Estate Equities, L.P. (collectively, “Landlord Parties”), as additional insureds. The commercial general liability insurance policy shall insure on an occurrence and (c) boiler and machinery, if there is not 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 claims-made basis; shall be issued by insurance companies which have been furnished to Tenant, as loss payees as their interests may appear, with limits a rating of not less than the full replacement cost thereof, with an agreed amount endorsement, policyholder rating of A and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits financial category rating of such insurance shall not limit the 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, Class X 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies Guide”; shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified cancelable for nonpayment of premium unless Landlord and any additional insureds are given at least 15 30 days prior written notice shall have been given to Landlord from the insurer; shall contain coverage for hostile fire and contractual liability; and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). Copies of such cancellationpolicies (if requested by Landlord), lapse or modificationcertificates of insurance showing the limits of coverage required hereunder and showing Landlord as an additional insured, along with reasonable evidence of the payment of premiums for the applicable period, shall be delivered to Landlord by Tenant upon commencement of the Term and upon each renewal of said insurance. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that policy may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments a “blanket policy” with an aggregate per location endorsement which may be required to recover any such insurance moneys. Landlord may from time to time require specifically provides that the amount of insurance shall not be prejudiced by other losses covered by the policy. Tenant shall provide Landlord with renewal certificates prior to the expiration of such policies. In each instance where insurance is to be maintained name Landlord as an additional insured, Tenant shall upon written request of Landlord also designate and furnish certificates so evidencing Landlord as additional insured to: (i) any lender of Landlord holding a security interest in the Project or any portion thereof, (ii) the landlord under any lease wherein Landlord is tenant of the real property on which the Project is located, if the interest of Landlord is or shall become that of a tenant under a ground or other underlying lease rather than that of a fee owner, and/or (iii) any management company retained by Tenant under this Section 7.02 be increased, so that Landlord to manage the amount thereof adequately protects Landlord’s interestProject.

Tenant’s Insurance. Tenant shall maintain purchase, at its own expense, and keep in force at all times during the Lease Term the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) “all risk” property be issued by an insurance covering all present company with a Best’s rating of A or better and future Tenant’s Property and Fixtures otherwise reasonably acceptable to a limit of not less than Landlord that is licensed to do business in the full replacement cost thereof, with an agreed amount endorsement, and 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; and (c) provide for commercially reasonably deductible amounts (provided that if Landlord’s lender has deductible requirements for the Building, then such deductibles shall be as reasonably required by Landlord’s lender). 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. 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 notice addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant fails to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental Installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain, throughout the Term, Tenant’s Policies of: (i) commercial general or excess liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverageand property damage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits amount of not less than $5,000,000 combined single limit for bodily injury 2,000,000.00 per occurrence, and $5,000,000.00 annual general aggregate; (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage liability in any one occurrence based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment all areas appurtenant thereto 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 amount of not less than the full replacement cost thereof$1,000,000, with an agreed amount endorsement, and combined single limit; (diii) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” commercial property insurance of covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder; and Fixtures shall be payable to Landlordif Tenant handles, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord stores, or utilizes Hazardous Substances in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedits business operations, so that the amount thereof adequately protects Landlord’s interest(vi) pollution legal liability insurance.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $2,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's property management company and Landlord's asset management company against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (dF) business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord's policy will be excess over Tenant's policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of recognized responsibility licensed A or better, reasonably satisfactory to do business 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 New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require so long as such other amounts are not materially in excess of amounts that owners of Comparable Buildings are then generally requiring tenants (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in commercially reasonable amounts), insuring Tenant, Landlord, Landlord's property management company, and, if necessaryrequested in writing by Landlord, commercial umbrella insuranceLandlord's Mortgagee, including against liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance in the amount, if any, required by applicable state law, and (F) business interruption insurance sufficient to cover not less than the full replacement cost thereof, with an agreed amount endorsement12 months of interruption. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord's policy will be excess over Tenant's policy. The limits of such insurance shall not limit the commercial general liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant may have a deductible of no more than $5,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant shall furnish to Landlord certificates of such insurance and such other evidence 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, 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 in form, and issued by companies with a Best's 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 within three days of receipt of written notice thereof, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 10% of such cost. Any insurance required to be maintained by Tenant may be taken out under a blanket insurance policy or policies covering other premises, property or insureds in addition to the Premises and Tenant, provided the commercial general liability and umbrella coverages are on a per-location aggregate basis (or contain a per-location aggregate endorsement) and such blanket policy or policies otherwise comply with this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest11(a).

Tenant’s Insurance. 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, and at Landlord's request any mortgagee of Landlord, as an additional insured, as their respective interests may appear. Each policy shall contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance, and (iii) 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 cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders' of any such policy at least ten (10) days prior to the expiration thereof. Tenant agrees that if Tenant does not take out and maintain at all times during such insurance, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge the Term Tenant the premiums together with a twenty-five percent (a25%) “all risk” property handling charge, payable upon demand. Tenant shall have the right to provide such insurance coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Lease. b. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect policies of casualty insurance covering (i) all present Leasehold Improvements (including any alterations, additions or improvements as may be made by Tenant pursuant to the provisions of Article 12 hereof), and future Tenant’s Property (ii) trade fixtures, merchandise and Fixtures other personal property from time to a limit of time in, on or about the Premises, in an amount not less than the full one hundred percent (100%) of their actual replacement cost thereoffrom time to time, providing protection against any peril included within the classification "Fire and Extended Coverage' together with an agreed amount endorsementinsurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance shall be used for the repair or replacement of the property so insured. Upon termination of this Lease following a casualty as set forth herein, the proceeds under (i) shall be paid to Landlord, and the proceeds under (bii) commercial general above shall be paid to Tenant. c. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until expiration of the Term, Tenant shall procure, pay for and maintain in effect workers' compensation insurance as required by law and comprehensive public liability insuranceand property damage insurance with respect to the construction of improvements on the Premises, andthe use, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect operation or condition of the Premises and the conduct operations of Tenant in, on or operation of business thereinabout the Premises, with Landlord providing personal injury and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of broad form property damage coverage for not less than One Million Dollars ($5,000,000 1,000,000.00) combined single limit for bodily injury injury, death, and property damage liability in any one occurrence and (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 liability. d. Not less than every three (3) years during the full replacement cost thereofTerm, 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 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 mutually agree 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 such policies shall be issued by companies of recognized responsibility licensed to do business increases 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any 's insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the policy limits for all insurance to be maintained carried by Tenant under as set forth in this Article. In the event Landlord and Tenant cannot mutually agree upon the amounts of said increases, then Tenant agrees that all insurance policy limits as set forth in this Article shall be adjusted for increases in the cost of living in the same manner as is set forth in Section 7.02 be increased, so that 5.2 hereof for the amount thereof adequately protects Landlord’s interestadjustment of the Base Rent.

Tenant’s Insurance. Tenant shall hereby agrees to maintain in full force and effect at all times during the Term and any other period of its occupancy or possession of the Premises, at its own expense, for the protection of Tenant and Landlord, as their interests may appear, policies of insurance which afford the following coverages: (a1) “all risk” Worker's Compensation and Employer's Liability Insurance to the extent required by then applicable law, (2) Commercial General Liability Insurance (including protective liability coverage on operations of independent contractors engaged in construction, coverage of Tenant's indemnity obligations under this Lease and blanket contractual liability insurance) on an "occurrence" basis against claims for "bodily injury" liability, including, without limitation, bodily injury, death and property insurance covering all present and future Tenant’s Property and Fixtures to damage liability, with a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and Three Million Dollars (b$3,000,000) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of "bodily injury" to any number of persons or of damages to property arising out of any single "occurrence," (3) insurance against loss or damage by fire and such other risks and hazards as are insurable under then applicable standard forms of "all risk" fire and extended coverage insurance policies to all of the Tenant Improvements and the personal property, furniture, furnishings and fixtures belonging to Tenant used or located in the Premises for not less than one hundred percent (100%) of the actual replacement value thereof (the proceeds of which insurance, so long as this Lease remains in effect, shall execute be used to repair or replace such Tenant Improvements, personal property, furnishings and deliver fixtures in the Premises; provided, however, that upon any termination of this Lease pursuant to Paragraph 13 above, all such proceeds to the extent of one hundred percent (100%) of the actual replacement value of such Tenant Improvements shall be the property of Landlord), and (4) business interruption or loss of income insurance in an amount equal to the Basic Annual Rent for a period of at least twelve (12) months commencing with the date of loss (the proceeds of which insurance shall be paid to Landlord such proofs to the extent of loss and other instruments which may be required any abatement of rent under the Lease, but only to recover any such the extent that Landlord does not otherwise receive net insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestproceeds for rental loss).

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord’s lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefore. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under this Section 7.02 hereunder. No such policy shall be increased, so that the amount thereof adequately protects cancelable except after twenty (20) days written notice to Landlord and Landlord’s interestlender. Tenant shall furnish Landlord with renewals or “binders” of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord’s mortgagee and Tenant as required by this Lease.

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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, (d) insurance of all plate and other interior glass in the Premises for and in the name of Landlord, and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. Any insurance required of Tenant hereunder may be furnished by Tenant under a blanket policy carried by it, provided that such blanket policy shall contain an endorsement that names Landlord as an additional insured, specifically references the Premises, and guarantees a minimum limit available for the Premises equal to or greater than the insurance amounts required under this Article. 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenantcontractor’s Property protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen’s compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord’s demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain maintain, at its own cost and expense, in responsible companies (all times during of which shall be licensed to do business in the Term (aState of Florida) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a reasonably approved by Landlord, combined single limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general public liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with insuring Landlord and its managing agent, if any, Landlord's agents and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 against all claims, demands or actions for bodily injury, personal injury or death of any one person in an amount of not less than $1,000,000.00; and for bodily injury, personal injury or death of more than one person in any one accident in an amount of not less than $2,000,000.00; and for damage to property in an amount of not less than $2,000,000.00. Landlord shall have the full replacement cost thereofright to direct Tenant to increase such amounts whenever any such increase is recommended or required by the underwriters of insurance on the Building, with an agreed amount endorsement, upon thirty (30) days prior written notice to Tenant. Such liability insurance shall also cover and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereofinclude all exterior signs maintained by Tenant. The limits policy of such insurance shall not limit may be in the liability form of Tenanta general coverage or floater policy covering these and other premises, provided that Landlord and Landlord's agents are specifically insured therein. Tenant shall deliver to Landlord and any additional insuredscarry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, at least 10 days prior to if there is a boiler or compressor in 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 agentPremises. Tenant shall procure maintain insurance covering all glass forming a part of the Premises including plate glass in the Premises and pay fire insurance against loss or damage by fire or windstorms, with such endorsements for renewals extended coverage, vandalism, malicious mischief and special extended coverage as Landlord may require, covering 100% 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 replacement costs of any existing policyitems of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings, machinery and equipment. All such policies of said insurance shall be issued by in form and in responsible companies of recognized responsibility licensed to do business in New York the State 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 ratingFlorida, reasonably satisfactory to Landlord, and all such policies shall contain a provision whereby the same canprovide that it will not be canceledsubject to cancellation, allowed to lapse termination or modified unless Landlord and any additional insureds are given change except after at least 15 days thirty (30) days' prior written notice to Landlord. Any insurance procured by Tenant as herein required shall contain an express waiver of any right of subrogation by the insurance company against Landlord and its agents. The policies, together with satisfactory evidence of the payment of the premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall provide Landlord with evidence of proof of payment upon renewal of such cancellationpolicy, lapse not less than thirty (30) days prior to expiration of the term of such coverage. In the event Tenant fails to timely obtain or modification. The proceeds of policies providing “all risk” property maintain the insurance of Tenant’s Property required hereunder, Landlord may (but is not required to) obtain same and Fixtures any costs incurred by Landlord in connection therewith shall be payable to Landlord, by Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysAdditional Rent upon demand. Landlord may from time to time require that shall carry public liability insurance covering the amount common areas of the insurance Building, including but not limited to be maintained by Tenant under this Section 7.02 be increasedthe sidewalks, so that the amount thereof adequately protects Landlord’s interestmalls and parking lot.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $2,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter including liquor liability, including 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, Landlord's Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance (to the extent required under applicable Laws), and (dF) business interruption insurance in an amount reasonable and standard for a similarly situated tenant in the Dallas, Texas market. Tenant's insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in processsuch circumstance Landlord's policy will be excess over Tenant's policy. Tenant’s insurance may have commercially reasonable deductibles. Tenant shall furnish to Pegasus Park Office Lease (Taysha Gene Therapies, the insurance specified in Section 4.02(fInc.) hereof. The limits – Page 11 Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 two days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with a Best's rating of recognized responsibility licensed A:VII or better. If Tenant fails to do business comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein after receipt of fifteen (15) days’ notice from Landlord, Landlord, in New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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 interior 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non- deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenant’s Property contractor's protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen's compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord's demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain shall, at its own cost, at all times during the Term (a) “all risk” property term of this Lease and any extensions hereof, procure and maintain special covered causes of loss insurance covering all present and future on Tenant’s 's Property and Fixtures the contents of the Premises in an amount equal to a limit of not less than the full replacement cost thereof, with an agreed thereof Tenant shall also maintain workers' compensation and employers' liability insurance in the minimum statutory amount endorsement, and (b) Tenant shall also maintain commercial general liability insurance, and, if necessary, commercial umbrella insuranceinsurance on an occurrence basis, including a contractual liability endorsementcoverage for bodily injury, and property damage, personal injury products and completed operations, liability coverage, in respect of assumed under an insured contract host liquor legal liability and cross liability with the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with following limits of not less than liability: One Million Dollars ($5,000,000 1,000,000.00) combined single limit for each occurrence of bodily injury and property damage and personal injury; Two Million Dollars ($2,000,000.00) aggregate for bodily injury and property damage for products and completed operations. Tenant shall further, at its own cost, at all times during the term of this Lease and any extensions hereof, procure and maintain insurance for automobile liability including coverage for bodily injury and property damage for owned and hired autos with the following limits of liability: One Million Dollars ($1,000,000.00) combined single limit for each occurrence of bodily injury and property damage. Tenant shall also maintain business interruption insurance in any one occurrence an amount sufficient to reimburse Tenant for direct and (c) boiler indirect loss of earnings attributable to prevention of access to the Building or Premises as a result of such perils, and machinery, if there is such other forms and amounts of insurance as Landlord or its mortgagee may reasonably require from time to time. All such insurance shall be procured from a boiler, supplemental air conditioning unit responsible insurance company or pressure object or similar equipment companies authorized to do business in the PremisesState where the Premises are located, 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 general policyholder's ratings of not less than "A-" and a financial rating of not less than "VI" in the full replacement cost thereof, with an agreed amount endorsementmost current available Best's Insurance Reports, and shall be otherwise reasonably satisfactory to Landlord. All such policies except Workers Compensation shall name Landlord and Landlord's property management agent as additional insureds, and shall provide that the same may not be canceled except upon thirty (d30) when Alterations are days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance provided by Landlord. Tenant shall provide certificate(s) of such insurance to Landlord prior to occupancy of the Premises and commence- ment of the Lease term and at least thirty (30) days prior to the annual renewal date thereof and upon request from time to time and such certificate(s) shall disclose that such insurance names Landlord and Landlord's designated property management agent as an additional insured, in process, addition to the insurance specified in Section 4.02(f) hereofother requirements set forth herein. The limits of such insurance shall not not, under any circumstances, limit the liability of TenantTenant hereunder. Should Tenant shall deliver fail to procure such insurance within the time period hereinbefore specified, Landlord and any additional insuredsmay, at least 10 days prior its option, but Landlord shall have no obligation to the Commencement Datedo so, procure 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 the premiums therefor and Tenant agrees to reimburse Landlord for renewals the cost thereof plus interest thereon at the rate of eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under law), as Additional Rent on the first day of the calendar month following the rendition of the xxxx or bills therefor and Landlord shall have the same rights and remedies in enforcing the payment of such insurance from time to time before additional rent as in 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance case of Tenant’s Property and Fixtures shall be payable 's failure to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with pay the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestrent herein reserved.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance (including property damage, bodily injury and personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $3,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), 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), against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) cause of loss-special risk form (formerly "all-risk") insurance (including, but not limited to, sprinkler leakage, ordinance and its managing agentlaw, if anysewer back-up, flood, earthquake, windstorm and each Superior Lessor collapse coverage) covering the full value of all alterations and Superior Mortgagee improvements and any other applicable party 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 for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits (C) cause of not less than loss-special risk form (formerly "all-risk") insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsement, trade fixtures and personal property (dincluding property of Tenant or others) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event Premises or otherwise placed in the Project by or on behalf of loss and a Tenant shall execute and deliver Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.cover Tenant's

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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 rated in Best's Insurance Guide at least "A" as to general policyholder's rating and "X" as to financial strength, and in form reasonably acceptable to Landlord and shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Upon request from Landlord, Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenant’s Property contractor's protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen's compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises limited to the allowance for Tenant's Improvements by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord's demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. During the term of this Lease, Tenant shall ------------------ provide Landlord with evidence, in a form and amount reasonably acceptable to Landlord, of insurance coverage in effect with respect to the Demised Premises against such perils and in such amounts as Landlord shall from time to time reasonably request in writing. All insurance policies provided and maintained by Tenant in compliance with Landlord's request shall be issued in a form and by an insurer reasonably acceptable to Landlord and shall, in addition to Tenant, name as additional insured, Landlord, Agent and any other person or entity having an interest in the Building or land upon which it is situated whose name is furnished to Tenant by Landlord and, if applicable, their respective constituent general partners and/or officers, directors and shareholders. All policies of insurance maintained by Tenant shall require at least thirty (30) days prior written notice to Landlord of termination, lapse of coverage or material alteration; and waive, to the extent reasonably available, any right of recovery or subrogation against Landlord. If requested by Landlord, Tenant shall, upon the Commencement Date of this Lease and thereafter within thirty- (30)- days prior to the expiration of each such policy, promptly deliver to Landlord certified copies or other evidence of such policies and evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Landlord or should insurance secured not be approved by Landlord and such failure or approval not be corrected within forty-eight (48) hours after written notice from Landlord, Landlord may, in Landlord's sole discretion, purchase such insurance coverage required at Tenant's expense and Tenant shall, immediately upon demand from Landlord, reimburse Landlord for any monies expended. Tenant shall indemnify and hold harmless Landlord from all times during loss, claim, demand, damage, liability, or expense, including attorneys' fees, resulting from any injury to or death of any person or any loss of or damage to any property caused by or resulting from any act, omission, or negligence of Tenant or any officer, employee, agent, contractor, licensee, guest, invitee, or visitor of Tenant in or about the Term Demised Premises or the Building. The foregoing provision shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties caused by any act, omission or negligence of Landlord or of any officer, employee, agent contractor, invitee or visitor of Landlord. Landlord shall not be liable for any loss or damage to person, property or Tenant's business sustained by Tenant, or other persons, which may be caused by the Building or the Premises, or any appurtenances thereto, being out of repair or by the bursting or leakage of any water, gas, sewer, or steam pipe, or by theft, or by any act of neglect of any tenant or occupant of the Building, or of any other person, or by any other cause whatsoever, unless caused by the negligence of Landlord. Tenant shall indemnify and hold harmless and pay on behalf of Landlord all loss claims, demands, expenses and judgments against Landlord caused by or arising out of, directly or indirectly: (a) “all risk” property insurance covering all present and future the performance of this agreement by Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect the Tenant's occupancy or use of the Premises and the conduct Building or operation of business thereinDemised Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit any business 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 operations of not less than the full replacement cost thereof, with an agreed amount endorsement, Tenant and (d) when Alterations are in processany matter or thing done, the insurance specified in Section 4.02(f) hereofpermitted or omitted to be done by Tenant, its agents, employees, contractors, licensees, or invitees, whether occasioned by negligence or otherwise. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver 's agreement 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 hold harmless and pay for renewals on behalf of such insurance from time Landlord shall extend to time before the expiration thereofall loss, claims, demands, and Tenant shall deliver to Landlord and any additional insureds such renewal policy expenses by reason of improper or a certificate thereof at least 30 days before the expiration faulty erection or construction of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports facilities, trade fixtures, or any successor publication of comparable standing as A/VIII equipment installed on or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained Premises by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestTenant.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Lease Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require and are consistent with requirements of prudent landlords of similar buildings in the general geographic area and market of the Complex (and, if necessarythe 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 umbrella insurancegeneral liability polICY or otherwise obtain insurance to insure against liability arising from such activity or matter [including liquor liability, including 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, Landlord's Mortgagee (as defined below), against liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord as an additional named insured and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as loss payees an additional named insured as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Complex by or on behalf of a Tenant Party (including Tenant's Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance, and (dF) business interruption insurance in an amount reas·onably acceptable to Landlord, but in no event for more than twelve (12) months of (i) then-current Basic Rent plus (ii) all then-current pass-throughs of Operating Costs and Taxes. Tenant's insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, such circumstance Landlord's policy will be excess over Tenant's policy but only to the insurance specified in Section 4.02(f) hereofextent of Tenant's indemnity obligations pursuant to this Lease. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver on an industry-standard Xxxxx form or, as reasonably requested by Landlord, additional evidence, reasonably satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder ("Insurance Evidence") at least 10 ten (10) days prior to the earlier of the Lease Commencement Date, such fully paid-for policies Date or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company date Tenant enters or its authorized agentoccupies the Premises. Tenant shall procure and pay for renewals furnish Insurance Evidence to Landlord at least fifteen (15) days prior to each renewal of said insurance (the "Renewal Date"); provided, however, ifTenant has not renewed such insurance from time on or before such Renewal Date, then such failure shall not be a default by Tenant hereunder so long as Tenant provides written notice to time Landlord on or before (x) the expiration Renewal Date that Tenant is negotiating the applicable terms of Tenant's insurance and that Tenant continues to maintain all required insurance hereunder, and (y) the date that is five (5) business days prior to each Renewal Date of the Insurance Evidence (including the renewal thereof, as applicable). Tenant shall endeavor to obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material reduction in coverage of any such insurance policies, provided that if each insurance company will not affIrmatively agree in writing to provide Landlord such thirty (30) day prior n9tice of cancellation or material reduction in coverage, then Tenant shall provide no less than ten (10) business days prior written notice to Landlord of any cancellation or material reduction in coverage. All such insurance policies shall be in an industry-standard form, and issued by companies with an A.M. Best rating of A-:VII or better, and, if applicable, contain a commercially reasonable deductible. IfTenant 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 or otherwise, may, but shall not be obligated to, obtain such insurance upon five (5) business days' notice to Tenant, and Tenant shall deliver pay to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before on demand the expiration premium costs thereof, plus an administrative fee of any existing policy. All such policies shall be issued by companies 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 then equivalent two percent (2%) of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modificationcost. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.(b)

Tenant’s Insurance. Tenant shall maintain Tenant, at all times its sole cost and expense, during the entire Term hereof, shall, commencing with the Commencement Date, procure, pay for and keep in full force and effect: (ai) “a commercial general liability insurance policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the Premises and the operations of Tenant and any subtenants of Tenant in, on or about the Premises in which the limits with respect to personal liability and property damage shall not be less than Three Million Dollars ($3,000,000) per occurrence on a location basis; (ii) umbrella liability insurance policy in an amount not less than Ten Million Dollars ($10,000,000.00) per occurrence and in the aggregate on terms consistent with the commercial general liability insurance policy required herein, (iii) all risk” risk property insurance covering all present including theft and, if applicable, boiler and future machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a full replacement cost endorsement insuring the Tenant’s Property trade fixtures, equipment, merchandise and Fixtures furnishings and any other items of personal property of Tenant and including the property of Tenant’s customers located on or in the Premises; (iv) workers’ compensation coverage as required by law; (v) with respect to alterations, additions or improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder’s risk insurance, in amounts reasonably satisfactory to Landlord; and (vi) such other insurance as from time to time may be required by city, county, state or Federal laws, codes, regulations or authorities or which Landlord’s Lender determines is reasonably necessary or appropriate under the circumstances. Said policy or policies shall also contain an agreed valuation provision in lieu of any co-insurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a limit factor of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises and are located. The policy or policies shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an “insured contract” for the conduct or operation performance of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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’s indemnity obligations under this Lease. The limits of such said insurance required by this Lease or as carried by Tenant shall not not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. All insurance to be carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may, upon ten (10) days prior written notice to Tenant and Tenant’s failure to cure within such ten (10) day period, (but shall not be required to) procure said insurance on Tenant’s behalf and charge the Tenant the premiums payable as Additional Rent. Tenant shall deliver not use the Premises, or allow the Premises to be used, for any purpose which may be prohibited by the form of fire insurance policy required to be carried under this Lease. Tenant shall pay any increase in premiums for casualty and fire (including all risk coverage) insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord and on the Premises resulting from Tenant’s particular use thereof (as opposed to office use generally) whether or not Landlord has consented thereto. In such event, Tenant shall also pay any additional insuredspremium on the insurance policy that Landlord may carry for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant’s particular use of the Premises, at least 10 days prior to the Commencement Datea schedule, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the organization setting the insurance company or its authorized agent. Tenant shall procure and pay for renewals rate on the Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the casualty and fire insurance from time rate on the Premises. Landlord shall deliver invoices for such additional premiums to time before Tenant at such times as Landlord may elect, but in no event earlier than the expiration thereofRent Commencement Date, and Tenant shall deliver to reimburse Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 therefor as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestAdditional Rent.

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (a1) cause of loss-special risk form (formerly “all 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, with an agreed amount endorsement, value of all alterations and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, improvements and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, (2) 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 Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), including business interruption insurance in an amount equal to the Basic Rent then in effect during any Lease Year, (3) commercial general liability insurance (including property damage, bodily injury and personal injury coverage) in amounts of One Million Dollars ($1,000,000) per occurrence in primary coverage, with a Two Million Dollars ($2,000,000.00) annual aggregate, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably 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 (and naming as additional insureds Landlord, Landlord’s property management company, Xxxxxxxx’s asset management company, Landlord’s Mortgagee and any other party requested by Landlord from time to time), against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment, (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 of not less than the full replacement cost thereofOne Million Dollars ($1,000,000) combined single limit for each accident, insuring Tenant (and naming as additional insureds Landlord, Xxxxxxxx’s property management company, Landlord’s asset management company and, if requested in writing by Landlord, Landlord’s Mortgagee and any other parties identified by Landlord), (6) worker’s compensation insurance as required by applicable state law and employer’s liability insurance with an agreed amount endorsementlimits not less than One Hundred Thousand Dollars ($100,000.00) for each accident, Five Hundred Thousand Dollars ($500,000.00) per person for illness or disease-policy limit, and One Hundred Thousand Dollars ($100,000.00) disease for each employee, and (d7) umbrella excess liability insurance with an additional Five Million Dollars ($5,000,000) in umbrella coverage above the underlying aggregate amount of commercial general liability insurance coverage set forth herein, which policy will contain a provision that it will drop as primary insurance if the underlying aggregate is exhausted. Tenant’s insurance shall (i) be primary and non-contributory when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in processsuch circumstance Landlord’s policy will be excess over Tenant’s policy, (ii) contain an endorsement for cross liability and severability of interests, (iii) contain an endorsement that such policy shall remain in full force and effect notwithstanding that the insured may have waived its right of action against any party prior to the occurrence of a loss (Tenant hereby waiving its right of action and recovery against and releasing Landlord and its employees and agents (including Xxxxxxxx’s managing agent) from any and all liabilities, claims and losses for which they may otherwise be liable to the extent Tenant is covered by insurance specified carried or would have been covered by insurance it is required to carry under this Lease), and (iv) not contain any deductible provision in Section 4.02(fexcess of Twenty-Five Thousand Dollars ($25,000.00) hereofexcept as otherwise approved in writing by Landlord, which approval shall not be unreasonably withheld. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises (in any event, such fully paid-for policies or certificates within ten days of the effective date of coverage), 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 of any such insurance policies. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the foregoing insurance company requirements or its authorized agent. Tenant to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall procure and pay for renewals of not be obligated to, obtain such insurance from time to time before the expiration thereof, and Tenant shall deliver pay to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before on demand the expiration premium costs thereof, plus an administrative fee of any existing policy. All such policies shall be issued by companies 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 then equivalent 10% of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require and as is customarily required by landlords of comparable buildings (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including 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, Landlord’s Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (dF) when Alterations are in process, the insurance business interruption insurance. The limit of liability specified in Section 4.02(fsubpart (A) hereofabove can be satisfied through a combination of primary, umbrella or excess liability policies, provided that the coverage under such umbrella or excess liability policies is at least as broad as the primary coverage and applies on a “following form” basis. The limits Tenant’s insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, at least 10 days of the maintenance of all insurance coverages required hereunder prior to the Commencement Datedate Landlord tenders possession of the Premises to Tenant, such fully paid-for policies or certificates and upon each renewal of said 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 endeavor to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be issued by companies with an A.M. Best rating of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports A+:VII or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingbetter, and all such policies shall contain a provision whereby be in form reasonably satisfactory to Landlord. If Tenant fails to comply with the same canforegoing 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 or otherwise, may, but shall not be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 2% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “Tenant, at its sole cost and expense, shall, at all risk” times, commencing with the date upon which the leased premises shall be made available for Tenant's Work, procure, pay for and keep in full force and effect: (i) a commercial general liability policy (ISO form or equivalent), including insurance against assumed or contractual liability under this Lease with respect to the leased premises and the operations of Tenant and any subtenants of Tenant in, on or about the leased premises in which the limits with respect to personal liability and property insurance covering damage shall be not less than Two Million Dollars ($2,000,000) per occurrence; (ii) all present risk property insurance, including theft and, if applicable, boiler and future machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and a replacement cost endorsement insuring Tenant’s Property 's merchandise, trade fixtures, furnishings, equipment and Fixtures all items of personal property of Tenant and including property of Tenant's customers located or in the leased premises; (iii) workers' compensation coverage as required by law; (iv) with respect to a limit alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builder's risk insurance, in amounts satisfactory to Landlord; (v) product liability coverage, including, without limitation (if this Lease covers leased premises in which food and/or beverages are sold and/or consumed), liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the leased premises, of not less than Two Million Dollars ($2,000,000) per occurrence for personal injury and death and property damage; (vi) the full replacement cost thereof, with an agreed amount endorsement, insurance required under Exhibit B; and (bvii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that be required by city, county, state or federal laws, codes, regulations or authorities, together with such other insurance as is reasonably necessary or appropriate under the amount circumstances. The minimum limits of coverage as set forth in this paragraph may from time to time, at Landlord's option, be increased by nor more than ten percent (10%) per annum, on a cumulative basis, with such increase to occur not more often than once during each lease year during the term hereof. The deductibles under any of such insurance policies to be maintained carried by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestshall not exceed Five Thousand Dollars ($5,000).

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Onyx against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or its equivalent); (B) Automobile Liability covering any owned, with Landlord and its managing agentnon-owned, if anyleased, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, rented or borrowed vehicles of Tenant with limits of not no less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and bodily injury; (cC) boiler All Risk Property insurance covering the full value of all Alterations and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment improvements and betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than Five Million Dollars ($5,000,000); (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement cost thereofvalue covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Requirements for $5,000,000 liability limits under the applicable policies set forth above may be satisfied through a combination of primary, umbrella and excess liability coverage. Tenant’s commercial general liability insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an agreed amount endorsementadditional insured endorsement in form CG 20 26 11 85 (or its equivalent), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (d10) when Alterations are days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in processform, and issued by companies with a Best’s rating of A:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance specified requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in Section 4.02(faddition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of five percent (5%) hereofof such cost. The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain shall, at its own cost, at all times during the Term (a) “all risk” property term of this Lease and any extensions hereof, procure and maintain special covered causes of loss insurance covering all present and future on Tenant’s 's Property and Fixtures the contents of the Premises in an amount equal to a limit of not less than the full replacement cost thereof, with an agreed . Tenant shall also maintain workers' compensation and employers' liability insurance in the minimum statutory amount endorsementand including a waiver of subrogation in favor of the Landlord and Landlord's insurer, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insuranceinsurance on an occurrence basis, including a contractual liability endorsementcoverage for bodily injury, and property damage, personal injury products and completed operations, liability coverage, in respect of assumed under and insured contract host liquor legal liability and cross liability with the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with following limits of not less than liability; One Million Dollars ($5,000,000 1,000,000) combined single limit for each occurrence of bodily injury and property damage and personal injury. Two Million Dollars ($2,000,000) aggregate for bodily injury and property damage for products and completed operations. Tenant shall further, at its own cost, at all times during the term of this Lease and any extensions hereof, procure and maintain insurance for automobile liability including coverage for bodily injury and property damage for owned and hired autos with the following limits and liability; One Million Dollars ($1,000,000) combined single limit for each occurrence of bodily injury and property damage. Tenant shall also maintain business interruption insurance in any one occurrence an amount sufficient to reimburse Tenant for direct and (c) boiler indirect loss of earnings attributable to prevention of access to the Building or Premises as a result of such perils, and machinery, if there is such other forms and amounts of insurance as Landlord or its mortgage may reasonably require from time to time. All such insurance shall be procured from a boiler, supplemental air conditioning unit reasonable insurance company or pressure object or similar equipment companies authorized to do business in the PremisesState where the Premises are located, 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 general policyholder's ratings of not less than "A-" and a financial rating of not less than "VI" in the full replacement cost thereof, with an agreed amount endorsementmost current available bent's Insurance Reports, and shall be otherwise reasonably satisfactory to Landlord. All such policies except Workers Compensation shall name Landlord and Landlord's property management agent as additional insureds, and shall provide that the same may not be cancelled except upon thirty (d30) when Alterations are days prior to the annual renewal date thereof and upon request from time to time and such certificate(s) shall disclose that insurance names Landlord and Landlord's designated property management agent as an additional insured, in process, addition to the insurance specified in Section 4.02(f) hereofother requirements set forth herein. The time limits of such insurance shall not not, under any circumstances, limit the liability of TenantTenant hereunder. Should Tenant shall deliver fail to procure such insurance within the time period hereinbefore specified, Landlord and any additional insuredsmay, at least 10 days prior its opinion, but Landlord shall have no obligation to the Commencement Datedo so, procure 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 the premiums therefore and Tenant agrees to reimburse Landlord for renewals the cost thereof plus interest thereon at the rate of eighteen percent (18%) per annum (but in no event in excess of the maximum rate permitted under law), as Additional rent on the first day of the calendar month following the rendition of the xxxx or bills therefore and Landlord shall have the same rights and remedies in enforcing the payment of such insurance from time to time before additional rent as in 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance case of Tenant’s Property and Fixtures shall be payable 's failure to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with pay the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestrent herein reserved.

Tenant’s Insurance. Tenant shall procure at its expense and maintain at throughout the Lease Term a policy or policies of special form/all times during the Term (a) “all risk” property risk insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than insuring the full replacement cost thereofof its furniture, with an agreed amount endorsementfixtures, equipment, supplies, and other property owned, leased, held or possessed by it and contained in the Premises, together with the excess value of the improvements to the Premises over the Improvement Allowance (b) with a replacement cost endorsement sufficient to prevent Tenant from becoming a co-insurer), and worker’s compensation insurance as required by applicable law. Tenant shall also procure at its expense and maintain throughout the Lease Term a policy or policies of commercial general liability insurance, andinsuring Tenant, if necessaryLandlord and any other person designated by Landlord, commercial umbrella insuranceagainst any and all liability for injury to or death of a person or persons and for damage to property- occasioned by or arising out of any construction work being done on the Premises, including a contractual liability endorsementor arising out of the condition, use, or occupancy of the Premises, or in any way occasioned by or arising out of the activities of Tenant or any of Tenant’s Agents in the Premises, or other portions of the Building or the Project, the limits of such policy or policies to be in combined single limits for both damage to property and personal injury liability coverageand in amounts not less than Three Million and 00/100 Dollars ($3,000,000.00) for each occurrence. Such insurance shall, in respect addition, extend to any liability of Tenant arising out of the Premises indemnities provided for in this Lease. Tenant shall also carry such other types of insurance in form and amount which Landlord shall reasonably deem to be prudent for Tenant to carry, should the conduct circumstances or operation conditions so merit Tenant carrying such type of business thereininsurance. Notwithstanding anything to the contrary contained herein, with provided that Landlord requires similarly situated tenants in the Project to raise their insurance coverage limits, then Landlord shall have the right (but not more than once every three years) to periodically raise Tenant’s required coverage limits hereunder. All insurance policies procured and maintained by Tenant pursuant to this Section 14.A. shall name Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, additional parties designated by Landlord as additional insureds, shall be carried with limits companies licensed to do business in the State of Georgia having a rating from Best’s Insurance Reports of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 anyA IX, and each Superior Lessor shall be non-cancelable and Superior Mortgagee whose name and address not subject to material change except after thirty (30) 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 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 liability of Tenant. Tenant shall deliver be delivered to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed delivered 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 thirty (30) days prior written notice to the expiration of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestrespective policy term.

Tenant’s Insurance. Tenant (a) Tenant, at its expense, shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella Commercial General Liability insurance, including a contractual liability endorsement, endorsement and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agentLandlord, if anythe Property Manager, and each Superior Lessor and Ground Lessor, Superior Mortgagee and any other applicable party whose holder of a Superior Instrument to the extent such entity’s name and address shall previously have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit 5,000,000.00 per occurrence for bodily injury and property damage liability in any one occurrence damage. Tenant shall also maintain (i) “all risk” property insurance (including coverage for terrorism to the extent commercially available) covering all present and (c) boiler future Leasehold Improvements and machinery, if there is Tenant’s Property to 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 limit of not less than the full replacement cost value thereof, (ii) business interruption insurance for a minimum period of 12 months or such greater amount that will reimburse Tenant for direct and indirect loss of earnings and extra expense attributable to all perils insured against in this Section 12.03 or other perils commonly insured against by prudent tenants or attributable to prevention of access to the Premises or the Building as a result of any of such perils, (iii) comprehensive equipment breakdown insurance (without exclusion for explosion), covering all mechanical, electrical and other equipment belonging to Tenant against physical damage from all perils insured against in this Section 12.03, (iv) Workers Compensation insurance in accordance with an agreed amount endorsement, the laws of the State of New York and (dv) when Alterations are in process, the Business Automobile Liability insurance specified in Section 4.02(f) hereof. The coverage with limits of such insurance shall not less than $2,000,000 combined single limit coverage against bodily injury liability and property damage liability arising out of the liability use by or on behalf of Tenant, its agents and employees in connection with this Lease, of any motor vehicle owned or leased by Tenant. Tenant shall deliver to Landlord and any other additional insureds, at least 10 days prior to the Commencement Date, insured such fully paid-for policies or certificates of insurance, issued by the insurer, in form reasonably satisfactory to Landlord, on or before the Commencement Date (or, if earlier, the date on which Tenant takes possession of any portion of the Premises). The “All Risk” property insurance policies required to be carried by Tenant, and any certificates evidencing such policies, shall provide that the proceeds under such policies in respect of Leasehold Improvements shall be payable to Landlord, Tenant and if required under the Ground Lease, the Ground Lessor, as their interests may appear. Tenant and Landlord issued by shall execute and deliver to the other party, such proofs of loss and other instruments which may be reasonably required to recover any such insurance company or its authorized agentproceeds. 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 insured a certificate thereof at least 30 issued by the insurer within ten (10) days before after the expiration of any existing policy. All such policies shall be issued by licensed companies 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 at 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 canceled or modified in a material respect unless the insurer shall endeavor to provide Landlord and any other additional insureds are given insured at least 15 30 days prior written notice of such cancellation, lapse cancellation or modification. The proceeds limits of liability required herein may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than those required herein. Tenant’s policies providing of insurance may be maintained under “all riskblanket policies” insuring the Premises and other property insurance or locations of Tenant’s Property and Fixtures ; provided, that such blanket policies shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that (x) set forth the amount of the insurance applicable to the Premises, (y) otherwise comply with the provisions of this Article 12, and (z) afford the same protection to Landlord and any other additional insured as would be provided by policies individually applicable to the Premises. All insurance policies required to be maintained pursuant to this Section 12.03 shall not contain any exclusions for acts of terrorism or similar events to the extent such coverage is commercially available. In addition to the other requirements set forth in this Lease, the insurance required to be carried by Tenant under this Lease shall be primary insurance for all claims under it and shall provide that any insurance carried by Landlord, the Property Manager, and the holder of any Superior Interest is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Tenant may maintain such deductibles under its insurance policies as Tenant may determine, in Tenant’s judgment, to be reasonable under the circumstances, taking into account Tenant’s net worth, the risks to be insured and any other relevant factors, provided that in no event shall any policy of insurance maintained by Tenant pursuant to this Section 7.02 be increased12.03 have a deductible greater than $5,000,000.00, so that Subject to CPI Adjustment on the amount thereof adequately protects Landlord10th anniversary of the Commencement Date (except with respect to flood insurance, which shall not have a deductible exceeding the greater of (A) $5,000,000.00, Subject to CPI Adjustment on each anniversary of the Commencement Date and (B) 5% of Tenant’s interestinsurable value of the Leasehold Improvements and Tenant’s Property).

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance (including property damage, bodily injury and personal injury coverage) in amounts of $1,000,000 per occurrence in primary coverage, with an additional $3,000,000 in umbrella coverage or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), 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), against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (2) cause of loss-special risk form (formerly “all-risk”) insurance (including, but not limited to, sprinkler leakage, ordinance and its managing agentlaw, if anysewer back-up, flood, earthquake, windstorm and each Superior Lessor collapse coverage) covering the full value of all alterations and Superior Mortgagee improvements and any other applicable party 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 for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, 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 Premises 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 of not less than the full replacement cost thereof$1,000,000 combined single limit for each accident, with an agreed amount endorsementinsuring 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), (6) worker’s compensation insurance, and (d7) business interruption insurance in an amount reasonably acceptable to Landlord. Tenant’s insurance shall be primary and non-contributory when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises (in any event, such fully paid-for policies or certificates within ten days of the effective date of coverage), 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 in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A+:VIII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the foregoing insurance company requirements or its authorized agent. Tenant to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall procure and pay for renewals of not be obligated to, obtain such insurance from time to time before the expiration thereof, and Tenant shall deliver pay to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before on demand the expiration premium costs thereof, plus an administrative fee of any existing policy. All such policies shall be issued by companies 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 then equivalent 15% of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant, at Tenant's sole cost and expense, shall obtain and maintain for the Term of this Lease, insurance policies providing the following coverage: (i) "all risk" or "special form" property insurance for the Tenant Fixtures (as defined in Section 20.1) and merchandise and other contents, for the full replacement cost of said items, (ii) "all risk" property or "special form" insurance business interruption coverage on a one hundred percent (100%), twelve (12) month actual loss sustained basis, (iii) all perils included in the classification "all-risk property insurance coverage" or "special causes of loss" under insurance industry practices in effect from time to time in the jurisdiction in which the Shopping Center is located, and which shall include, but not necessarily be limited to, coverage against wind and flood (if required); (iv) plate glass insurance, (v) commercial general liability insurance (covering, without limitation, Tenant's contractual liability under this Lease, 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, Tenant shall maintain obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require) naming Landlord, the Landlord Entities and any mortgagees and master lessors as additional insureds, which policy is to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, in the minimum amount of Two Million Dollars ($2,000.000.00) in the aggregate, in the minimum amount of One Million Dollars ($1,000,000.00) with respect to personal injury and advertising injury liability, and in the minimum amount of One Million Dollars ($1,000,000.00) with respect to property damage, (vi) product liability insurance for merchandise offered for sale or rental from the Premises, including (if this Lease covers Premises in which food and/or alcoholic beverages are sold and/or consumed) liquor liability coverage and if food and/or beverages are sold and/or consumed, coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at all times during the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit Premises, of not less than Two Million Dollars ($2,000,000.00) per occurrence for personal injury and death and property damage, which shall name Landlord, the full replacement cost thereof, with an agreed amount endorsementLandlord Entities, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, any mortgagees and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, master lessors as additional insureds, (vii) workers' compensation insurance coverage in accordance with the laws of the Commonwealth of Pennsylvania and employer's liability insurance in the minimum amount of One Million Dollars ($1,000,000.00) with respect to each occurrence of bodily injury by accident, the minimum amount of One Million Dollars ($1,000,000.00) in the aggregate for bodily injury by disease and the minimum amount of One Million Dollars ($1,000,000.00) per employee in respect to bodily injury by disease, (viii) business automobile liability insurance, including "non-owned" automobiles, against bodily injury, including death resulting therefrom, and property damage, to the limits of not less than One Million Dollars ($5,000,000 combined single 1,000,000.00) per accident covering owned, leased, hired and non-owned vehicles used by or on behalf of Tenant, (ix) excess general, business automobile and employer's liability insurance with limits not less than Two Million Dollars ($2,000,000.00) per occurrence, and (x) "all risk" or "special form" builder's risk insurance in accordance with the provisions of Section 9.4. Both business automobile and excess liability policies shall name Landlord, the Landlord Entities, and any mortgagees and master lessors as additional insureds. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant's insurance coverages, shall be deemed to limit for bodily injury and property damage liability or restrict in any way Tenant's liability arising under or out of this Lease. With respect to each and every one occurrence of the insurance policies herein required to be procured by Tenant, before the earlier of the commencement of Tenant's Work and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the date Tenant takes possession of 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 before any such insurance policy shall not limit the liability of Tenant. expire, Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, a duplicate original or certified copy of each 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 of the expiration insurance, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, together with evidence of any existing policypayment of all applicable premiums. All such policies shall be issued by companies 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 In the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. event that Tenant shall cooperate with Landlord in connection with the collection fail promptly to furnish evidence of any insurance moneys that coverage, Landlord, at its sole option, may be due obtain the required insurance as set forth in Section 18.5 on Tenant's behalf, at Tenant's expense, and issue Tenant an invoice for all costs incurred. Without limiting the event of loss and Tenant shall execute and deliver to foregoing, the "Landlord Entities" (which are defined as the following Landlord affiliated entities, and/or such proofs of loss and other instruments which may be required to recover any such insurance moneys. entities as Landlord may designate by notice to Tenant from time to time require that the amount of the insurance to time, including without limitation, Landlord's lender), shall be maintained by Tenant additional insureds under this Section 7.02 be increasedclauses (v), so that the amount thereof adequately protects Landlord’s interest.(vi), (viii) and (ix): Springfield Shoppes Associates, LP 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000 Horizon Properties Group, LLC 000 Xxxxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxxxxxx 00000

Tenant’s Insurance. Tenant shall maintain shall, at all times Tenant’s expense, obtain and keep in full force during the Term the types of insurance meeting the requirements set forth on attached Exhibit “G”. Concurrently with its execution and delivery of this Lease and thereafter within five (a5) business days following written demand therefor from Landlord, Tenant shall deliver certificates of such insurance or copies of the policies with all endorsements required hereunder together with evidence of payment of the current premiums therefor to Landlord. In the event Tenant fails to provide certificates evidencing renewal of each such policy at least thirty (30) days before expiration of the policy (as required pursuant to attached Exhibit “all risk” property G”) or within five (5) business days after written request by Landlord, Landlord shall have the right, but not the obligation, to order such insurance covering all present and future charge the cost thereof plus a ten (10%) administrative fee to Tenant, which amount shall be payable by Tenant to Landlord upon demand. Failure of Landlord to demand such certificate or other evidence of full compliance with the insurance requirements contained in this Lease or failure of Landlord to identify a deficiency from evidence that is provided to Landlord shall not be construed as a waiver of Tenant’s Property obligation to maintain such insurance. By requiring insurance herein, Landlord does not represent that coverage and Fixtures limits will necessarily be adequate to protect Tenant, and such coverage and limits shall not be deemed as a limit limitation on Tenant’s liability under the indemnities granted to Landlord in this Lease. Tenant’s failure to procure the required insurance shall not excuse Tenant from any obligations hereunder and shall subject Tenant to contractual damages. Without limiting the obligations of not less than Tenant set forth in this Section 15.1, Tenant agrees (A) to provide Landlord with written notice of any cancellation of the full replacement cost thereof, with an agreed amount endorsementforegoing insurance within ten (10) days following receipt of the cancellation notice from Tenant’s insurance carrier, and (bB) commercial general if at any time available from Tenant’s liability insuranceinsurance carrier, andTenant shall, if necessaryat Tenant’s cost, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of obtain an endorsement to such policy requiring notification by the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver carrier 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 cancellation of 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 such policies which shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 ten (10) days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount advance of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcancellation.

Tenant’s Insurance. Tenant shall maintain at all times during throughout the Term the following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $3,000,000.00 per occurrence or, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before following the expiration of any existing policy. All the initial Term, such policies shall be issued by companies 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 other amounts as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time reasonably require that (and, if the amount use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises, (2) insurance covering the full value of Tenant's property and improvements, and other property (including property of others) in the Premises, (3) 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), (4) worker's compensation insurance, and (5) business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be maintained excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by Tenant under this Section 7.02 be increasedcompanies, so that the amount thereof adequately protects reasonably satisfactory to Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain at all times during Commercial General Liability Insurance covering the Term (a) “all risk” insured against claims of bodily injury, personal injury and property insurance covering all present and future damage arising out of Tenant’s Property operations, assumed liabilities or use of the Premises, including a Broad Form Commercial General Liability endorsement covering the insuring provisions of this Lease and Fixtures to a limit the performance by Tenant of the indemnity agreements set forth in Section 10.1 of this Lease, for limits of liability not less than $2,000,000.00 for each occurrence and $2,000,000.00 annual aggregate, with 0% Insured’s participation. In addition, Tenant shall carry Physical Damage Insurance covering (i) all office furniture, trade fixtures, office equipment, merchandise and all other items of Tenant’s property on the Premises installed by, for, or at the expense of Tenant, and (ii) all other improvements, alterations and additions to the Premises made by Tenant, any Transferee or other sublessee, assignee or transferee of Tenant’s interests under this Lease (collectively, “Tenant Assignees”), or at the request of Tenant or any Tenant Assignees, including any improvements, alterations or additions installed by Tenant or any Tenant Assignees, or at the request of Tenant or any Tenant Assignees, above the ceiling of the Premises or below the floor of the Premises. Such insurance shall be written on an “all risks” of physical loss or damage basis, for the full replacement cost thereof, with an agreed amount value new without deduction for depreciation of the covered items and in amounts that meet any co-insurance clauses of the policies of insurance and shall include a vandalism and malicious mischief endorsement, sprinkler leakage coverage and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability earthquake sprinkler leakage coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain at all times during throughout the Term the ------------------ following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before following the expiration of any existing policy. All the initial Term, such policies shall be issued by companies 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 other amounts as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time reasonably require that (and, if the amount use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises, (2) insurance covering the full value of Tenant's property and improvements, and other property (including property of others) in the Premises, (3) 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), (4) worker's compensation insurance, and (5) business interruption insurance. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be maintained excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by Tenant under this Section 7.02 be increasedcompanies, so that the amount thereof adequately protects reasonably satisfactory to Landlord’s interest.

Tenant’s Insurance. Tenant, at Tenant's sole cost and expense, shall obtain and keep in full force and effect i) an "all risk" insurance policy for Tenant's Property at the Premises, and ii) a policy of commercial general liability and property damage insurance on an occurrence basis, with a broad form contractual liability endorsement (the insurance policy described in this clause (ii) being referred to herein as the "Liability Policy"). Such policies shall name Tenant as the insured. Landlord, Landlord's managing agent, and any Lessors and any Mortgagees (whose names have been furnished to Tenant) shall maintain at all times during the Term be named as additional insureds on such policies, as their respective interests may appear. The Liability Policy shall contain a provision that (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures no act or omission of Tenant shall affect or limit the obligation of the insurer to a limit pay the amount of not less than the full replacement cost thereof, with an agreed amount endorsementany loss sustained, and (b) commercial general liability insurancethe policy shall be non-cancelable with respect to Landlord, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its Landlord's managing agent, if anyand such Lessors and Mortgagees unless written notice has been given to Landlord, which notice shall contain the policy number and each Superior Lessor the names of the insured and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 thirty (30) days prior to the Commencement Dateeffective date of any such cancellation for any reason other than the non-payment of premium, or at least ten (10) days prior to the effective date of any such fully paidcancellation by reason of non-for policies payment of premium. If i) any insurance obtained by Tenant covers Alterations, and ii) this Lease does not terminate after the occurrence of a fire or certificates other casualty, then (a) Tenant, promptly after the occurrence of insurancesuch fire or other casualty, shall make an appropriate claim against its insurer in form reasonably satisfactory respect thereof, (b) Tenant shall not settle, adjust or compromise any such claim without Landlord's prior approval, which approval Landlord shall not unreasonably withhold or delay, and (c) Tenant shall pay to Landlord issued any amounts recovered from Tenant's insurer for damage to such Alterations caused by such fire or other casualty, promptly after Tenant's receipt thereof from such insurer (it being agreed, however, that Landlord's obligation to restore such Alterations to the extent otherwise provided herein shall be unaffected by the inadequacy of such insurance company or its authorized agentto cover the cost of such restoration). Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver promptly to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration copy of any existing policy. All such policies shall be issued by companies notice of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports cancellation or any successor publication of comparable standing as A/VIII or better or other notice from the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments carrier which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.adversely

Tenant’s Insurance. Tenant shall maintain 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 installed in the Premises by or on behalf of Tenant whether pursuant to the terms of Section 10, 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 (d) insurance covering all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. Such policies shall be maintained with 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenantcontractor’s Property protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen’s compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord’s demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Effective as of the earlier of i) the date Tenant enters or occupies the Premises, or ii) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $1,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including 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, Landlord's Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant's Off-Premises Equipment, with Landlord (2) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord's Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than the full replacement cost thereof(3) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder, with (4) worker's compensation insurance and (5) business interruption insurance in an agreed amount endorsementreasonably acceptable to Landlord. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord's policy will be excess over Tenant's policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates and at least 15 days prior to each renewal of said 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 obtain a written obligation on the part of each insurance company to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation or a material change of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of recognized responsibility licensed A- : VII or better, reasonably satisfactory to do business 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 New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall shall, at its sole cost and expense, obtain and maintain at all times during throughout the Term (a) “term of this Lease Agreement, on a full replacement cost basis, "all risk” property " insurance covering all present of Tenant's inventory, furniture, furnishings, fixtures, equipment and future Tenant’s Property all tenant improvements or tenant finish (whether or not installed by Landlord) and Fixtures 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 coverage from and against any loss or damage occasioned by an accident or casualty on, about or adjacent to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insuranceLeased Premises, including a contractual liability endorsementprotection against death, and personal injury and property damage. Such liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address coverage shall have been furnished to Tenant, as additional insuredsbe written on an "occurrence" basis, with limits of not less than $5,000,000 1,000,000.00 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment coverage. All policies of insurance required to be carried by Tenant hereunder shall be written by an insurance company licensed to do business in the PremisesState of Colorado, with and shall name Landlord as an additional named insured and/or loss payee, as Landlord may direct. Each such policy shall provide that same shall not be changed or modified without at least thirty (30) days' prior written notice to Landlord and its managing agent, if any, any mortgagee of Landlord. Certificates evidencing the extent and each Superior Lessor and Superior Mortgagee whose name and address effectiveness of all Tenants insurance shall have been furnished be delivered 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) hereofLandlord. The limits of such insurance shall not not, under any circumstances, limit the liability of Tenant under this Lease Agreement. 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. Tenant shall deliver 's premiums or to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates arrange substitute insurance with an insurance company of insuranceLandlord's choosing, in form reasonably satisfactory to which event any premiums advanced by Landlord issued by the insurance company or its authorized agent. Tenant shall procure constitute additional rent payable under this Lease Agreement 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable by Tenant to LandlordLandlord immediately upon demand for same. Landlord shall also have the right, but no the obligation, whether or not Tenant and each Superior Lessor and Superior Mortgagee maintains coverage to carry any such insurance as their interests Landlord may appear. Tenant shall cooperate with Landlord elect in connection with the collection of any insurance moneys that may be due order to provide coverage in the event Tenant fails to properly maintain such insurance. The rights of loss Landlord hereunder shall be in addition to, and not in lieu of any other rights or remedies available to Landlord under this Lease Agreement 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 Section 12 is ultimately provided by coverage maintained by Landlord, whether due to Tenant's failure to provided or maintain such insurance or otherwise, Tenant shall execute and deliver promptly reimburse Landlord for an amount equal to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increaseddeductible incurred, so that the amount thereof adequately protects Landlord’s interestimmediately upon demand for same.

Tenant’s Insurance. The Tenant shall agrees to maintain at all times during in full force from the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than Commencement Date, throughout the full replacement cost thereof, with an agreed amount endorsementTerm, and (b) thereafter, so long as the Tenant is in occupancy of any part of the Premises, a policy of commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of insurance on an occurrence basis under which the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee (and any other applicable party whose name individuals or entities affiliated with the Landlord, any ground lessor and address shall have been furnished to Tenant, any holder of a mortgage on the Property of whom the Tenant is notified by the Landlord) are named as additional insureds, with limits and under which the insurer provides a contractual liability endorsement insuring against all cost, expense and liability arising out of not less than $5,000,000 combined single limit for bodily injury or based upon any and property damage liability all claims, accidents, injuries and damages described in any one occurrence and (c) boiler and machinerySection 7.1, 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 broadest form of such insurance shall not limit the 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 coverage from time to time before available. Each policy required hereunder shall be noncancellable and nonamendable (to the expiration thereofextent that any proposed amendment reduces the limits or the scope of the insurance required in this Lease) with respect to the Landlord and such ground lessors and mortgagees without thirty (30) days’ prior notice to the Landlord and such ground lessors and mortgagees and at the election of the Landlord, either a certificate of insurance or a duplicate original policy shall be delivered to the Landlord. The minimum limits of Tenant’s liability insurance as of the Commencement Date (or such earlier date upon which the Tenant first commences occupancy of all or any part of the Premises for the commencement of any alterations or additions undertaken by Tenant pursuant to the terms of this Lease or otherwise) shall be Two Million Dollars ($2,000,000.00) for combined bodily injury (or death) and damage to property (per occurrence) with an aggregate annual limit of liability of Three Million Dollars ($3,000,000.00), and from time to time during the Term such limits of liability shall be increased to reflect such higher limits as are customarily required pursuant to new leases of space in the Baltimore, Maryland area with respect to similar properties and similar uses. Such liability insurance may be effected with a combination of a base commercial general liability policy and umbrella insurance provided that any such umbrella coverages provided are on a ““following form”“ basis. The Landlord shall have reasonable approval over the identity of the Tenant’s insurance underwriters. Each policy of insurance required to be carried by 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 such policies under this Lease shall be issued by companies of recognized responsibility rated not less than A-/IX by Best’s Rating Service (or its successor) or otherwise acceptable to Landlord in the Landlord’s reasonable discretion and licensed to do business in New York the State 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 ratingMaryland, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures liability insurance policy shall be payable primary with respect to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestall claims.

Tenant’s Insurance. It is expressly agreed by the parties that Tenant shall assume all risk of damage to its property, equipment and trade fixtures occurring in or about the Demised Premises whatever the cause of such damage or casualty. Landlord assumes no liability or responsibility whatever with respect to the conduct and operation of the business to be conducted in the Demised Premises nor for any loss or damage of whatsoever kind or nature or by whomsoever caused, to personal property, documents, records, monies, or goods of Tenant or to anyone in or about the Demised Premises, however caused, and Tenant agrees to hold Landlord harmless against all such claims. Tenant will, at its own cost and expense maintain at all times during risk insurance coverage on its trade fixtures, and other personal property located in the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures Demised Premises in an amount equal to a limit of not less than the full replacement cost thereof. The Tenant, with an agreed amount endorsementat Tenant's own cost and expense, shall obtain or provide and (b) commercial keep in full force for the benefit of the Landlord, during the term hereof, general public liability insurance, andinsuring the Landlord against any and all liability or claims of liability arising out of, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, occasioned by or resulting from any accident or otherwise in respect of or about the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Demised Premises, with Landlord and its managing agentfor injuries to any person or persons, 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 for limits of not less than the full replacement cost thereof, with an agreed amount endorsement, and (d) when Alterations are Limit of Liability Insurance To Be Maintained by Tenant as set forth in process, the insurance specified in Section 4.02(f) hereofLease Summary. The limits policy or policies of such insurance shall be of a company or companies authorized to do business in the State of New Jersey and shall be delivered to the Landlord, together with evidence of the payment of the premiums therefor, not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 less than fifteen days prior to the Commencement Date, such fully paid-for policies commencement of the term hereof or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. date when the Tenant shall procure and pay for renewals of such insurance from time enter into possession, whichever occurs sooner. At least thirty (30) days prior to time before the expiration thereofor termination date of any policy, and the Tenant shall deliver to Landlord and any additional insureds such a renewal or replacement policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount proof of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that payment of the amount thereof adequately protects Landlord’s interestpremium therefor.

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bi) commercial general liability insuranceinsurance (including property damage, bodily injury and personal injury coverage and host liquor liability) in amounts of $1,000,000 per occurrence; $2,000,000 general aggregate; $1,000,000 personal injury and advertising injury liability; and $1,000,000 damage to rented premises, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter |including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), insuring Tenant (and naming as additional insureds the California Public Employees’ Retirement System, Landlord, Landlord’s property management company, Landlord’s asset management company and, if applicable, Landlord’s Mortgagee [collectively, “Landlord Insured Parties”]), against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (ii) all-risk insurance (including, but not limited to, sprinkler leakage, ordinance and its managing agentlaw, if anysewer back-up, flood, earthquake, windstorm and each Superior Lessor collapse coverage) covering the full value of all alterations and Superior Mortgagee improvements and any other applicable party 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 for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agentand, if anyapplicable, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, (iii) all-risk insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (iv) 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), (v) commercial auto liability insurance (if applicable) covering automobiles owned, hired or used by Tenant in carrying on its business with limits of not less than the full replacement cost thereof$1,000,000 combined single limit for each accident, (vi) worker’s compensation insurance as required to comply with Laws or employers’ liability insurance in amounts of $1,000,000 per employee for bodily injury by accident and $1,000,000 per employee for bodily injury by disease, (vii) business interruption insurance in an agreed amount endorsementequal to or greater than 12 months of Tenant’s actual, sustained probable loss, (viii) automobile liability insurance (if applicable) with a combined single limit of $1,000,000 covering all owned, non-owned and hired automobiles, and (dix) when Alterations are in processexcess general, the insurance specified in Section 4.02(f) hereofautomobile and employers’ liability insurance, on a following form basis, of $3,000,000 per occurrence. The limits general liability, automobile liability (if applicable), and excess liability policies shall name the Landlord Insured Parties as additional insureds, and all property insurance policies (except on Tenant’s personal property) shall name Landlord as loss payee. Tenant’s insurance (except workers’ compensation or employers’ liability insurance) shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Commencement DateDate or the date Tenant enters or occupies the Premises (in any event, such fully paid-for policies or certificates within ten days of the effective date of coverage), 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 the Landlord Insured Parties at least 30 days before cancellation (ten days for non-payment of premium) or a material change of any such insurance policies. All such insurance policies shall be in form reasonably satisfactory to Landlord and issued by companies with an A.M. Best rating of A+:VII or better. However, no review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. If Tenant fails to comply with the foregoing insurance company requirements or its authorized agent. Tenant to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall procure and pay for renewals of not be obligated to, obtain such insurance from time to time before the expiration thereof, and Tenant shall deliver pay to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before on demand the expiration premium costs thereof, plus an administrative fee of any existing policy. All such policies shall be issued by companies 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 then equivalent 15% of such ratingcost. 13 000 XXXXXXXX XXXXXX XXXXXX, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.XX 00000

Tenant’s Insurance. Tenant shall maintain insurance complying with all of the following: Tenant shall procure, pay for and keep in full force and effect, at all times during the Term Lease Term, the following: Commercial general liability insurance insuring Tenant against liability for personal injury, bodily injury, death and damage to property occurring within the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises, the Buildings, the Outside Areas or the Property, or resulting from Tenant's activities in or about the Leased Premises or the Property, with coverage in an amount equal to Tenant's Required Liability Coverage (aas set forth in Article 1), which insurance shall contain "blanket contractual liability" and "broad form property damage" endorsements insuring Tenant's performance of Tenant's obligations to indemnify Landlord as contained in this Lease. Fire and property damage insurance in "special form" coverage insuring Tenant against loss from physical damage to the Removable Tenant Improvements, Tenant's personal property, inventory, trade fixtures and improvements within the Leased Premises with coverage for the full actual replacement cost thereof; [intentionally deleted]; Plate glass insurance, at actual replacement cost; Boiler and machinery insurance, to limits sufficient to restore the Buildings; [intentionally deleted]; Workers' compensation insurance (statutory coverage) “with employer's liability in amounts not less than $1,000,000 insurance sufficient to comply with all risk” laws; and With respect to making of any Alterations or the like (other than the Tenant Improvements, which are governed by the Work Letter) undertaken by Tenant, course of construction, commercial general liability, automobile liability and workers' compensation (to be carried by Tenant's contractor), in an amount and with coverage reasonably satisfactory to Landlord. Each policy of liability insurance required to be carried by Tenant pursuant to this paragraph or actually carried by Tenant with respect to the Leased Premises or the Property: (i) shall, except with respect to insurance required by subparagraph (a)(ii) and (vii) above, name Landlord, and such others as are designated by Landlord, as additional insureds; (ii) shall be primary insurance providing that the insurer shall be liable for the full amount of the loss, up to and including the total amount of liability set forth in the declaration of coverage, without the right of contribution from or prior payment by any other insurance coverage of Landlord; (iii) shall be in a form reasonably satisfactory to Landlord; (iv) shall be carried with companies reasonably acceptable to Landlord with Best's ratings of at least A and XI; (v) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord, and (vi) shall contain a so-called "severability" or "cross liability" endorsement. Each policy of property insurance covering maintained by Tenant with respect to the Leased Premises or the Property or any property therein (i) shall provide that such policy shall not be subject to cancellation, lapse or change except after at least thirty (30) days prior written notice to Landlord and (ii) shall contain a waiver and/or a permission to waive by the insurer of any right of subrogation against Landlord, its partners, principals, members, officers, employees, agents and contractors, which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its partners, principals, members, officers, employees, agents and contractors. Prior to the time Tenant or any of its contractors enters the Leased Premises, Tenant shall deliver to Landlord, with respect to each policy of insurance required to be carried by Tenant pursuant to this Article, a copy of such policy (appropriately authenticated by the insurer as having been issued, premium paid) or a certificate of the insurer certifying in form satisfactory to Landlord that a policy has been issued, premium paid, providing the coverage required by this Paragraph and containing the provisions specified herein. With respect to each renewal or replacement of any such insurance, the requirements of this Paragraph must be complied with not less than thirty days prior to the expiration or cancellation of the policies being renewed or replaced. Landlord may, at any time and from time to time, inspect and/or copy any and all present insurance policies required to be carried by Tenant pursuant to this Article. If Landlord's Lender, insurance broker, advisor or counsel reasonably determines at any time that the amount of coverage set forth in Paragraph 9.1(a) for any policy of insurance Tenant is required to carry pursuant to this Article is not adequate, then Tenant shall increase the amount of coverage for such insurance to such greater amount as Landlord's Lender, insurance broker, advisor or counsel reasonably deems adequate, provided such insurance is customarily maintained or required for projects similar to the Leased Premises. Landlord's Insurance. With respect to insurance maintained by Landlord: Landlord shall maintain, as the minimum coverage required of it by this Lease, fire and future Tenant’s Property property damage insurance in so-called special form coverage insuring Landlord (and Fixtures such others as Landlord may designate) against loss from physical damage to a limit the Building Shells, and the Landlord's Improvements with coverage of not less than one hundred percent (100%) of the full actual replacement cost thereof, with an agreed amount endorsement, thereof and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including against loss of rents for a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits period of not less than $5,000,000 twelve (12) months. Such fire and property damage insurance, at Landlord's election but without any requirements on Landlord's behalf to do so, (i) may be written in so-called "all risk" form, excluding only those perils commonly excluded from such coverage by Landlord's then property damage insurer; and (ii) may be endorsed to cover loss or damage caused by any additional perils against which Landlord may elect to insure, including earthquake and/or flood. Landlord shall not be required to cause such insurance to cover any of the Removable Tenant Improvements or Tenant's personal property, inventory, and trade fixtures, or any modifications, alterations or improvements made or constructed by Tenant to or within the Leased Premises. Landlord shall use commercially reasonable efforts to obtain such insurance at competitive rates. In the event Landlord elects to carry earthquake insurance or is required to carry earthquake insurance by any Lender, Landlord shall notify Tenant of the rates and the deductibles obtained by Landlord for such insurance. Within ten (10) days thereafter, Tenant shall have the right to propose lower cost insurance, which Landlord may elect to take in its reasonable discretion; provided, however, that in no event shall Landlord be required to take any earthquake insurance that does not comply with the requirements (including any maximum deductible) of any Lender. Landlord shall maintain commercial general liability insurance insuring Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring in, on or about, or resulting from the use or occupancy of the Property, or any portion thereof, with combined single limit for bodily injury and property damage liability in any one occurrence and (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 coverage 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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneysFive Million Dollars ($5,000,000). Landlord may carry such greater coverage as Landlord or Landlord's Lender, insurance broker, advisor or counsel may from time to time require that determine is reasonably necessary for the amount adequate protection of Landlord and the Property. Landlord may maintain any other insurance to be maintained which in the opinion of its insurance broker, advisor or legal counsel is prudent in carry under the given circumstances, provided such insurance is commonly carried by Tenant owners of property similarly situated and operating under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestsimilar circumstances.

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $******** per occurrence, which shall apply on a per location basis, or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment with an additional insured endorsement in form CG 2026 (11/85); (B) if Tenant has any company-owned or leased vehicles, with Landlord and its managing agentAutomobile Liability covering any owned, if anynon-owned, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenantleased, as additional insureds, rented or borrowed vehicles of Tenant with limits of not no less than $5,000,000 ******** combined single limit for bodily injury and property damage liability in any one occurrence and bodily injury; (cC) boiler All Risk Property insurance covering the full value of all Alterations and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment improvements and betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than ***************** ($*********); (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement cost thereofvalue covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an agreed amount endorsementadditional insured endorsement in form CG 2026 (11/85), and such other evidence satisfactory to Landlord of the *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. maintenance of all insurance coverages required hereunder at least ten (d10) when Alterations are days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in processform, and issued by companies with a Best’s rating of A:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance specified requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in Section 4.02(faddition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of ******* percent (**%) hereofof such cost. The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain purchase, at its own expense, and keep in force at all times during the Lease Term the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) “all risk” property be issued by an insurance covering all present company with a Best’s rating of A or better and future Tenant’s Property otherwise reasonably acceptable to Landlord and Fixtures shall be licensed to a limit of not less than do business in the full replacement cost thereof, with an agreed amount endorsement, and 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 Tenants 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 Tenants Policy, In the event that Tenant fails, at any time or from time to time, to comply with the requirements of the preceding sentence, Landlord may (A) order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord Upon demand, as Additional Rent or (B) impose on Tenant, as Additional Rent, a monthly delinquency fee, for each month during which Tenant falls to comply with the foregoing obligation, in an amount equal to five percent (5%) of the Monthly Rental installments then in effect. Tenant shall give prompt notice to Landlord and Agent of any bodily injury, death, personal injury, advertising injury or property damage occurring in and about the Property. Tenant shall purchase and maintain throughout the Term, a Tenant’s Policy(ies) of: (i) commercial general or excess liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverageand property damage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits amount of not less than $5,000,000 combined single limit for bodily injury 2,000.000 per occurrence, and $5,000,000.00 annual general aggregate, per location, (ii) comprehensive automobile liability insurance covering Tenant against any personal injuries or deaths of persons and property damage liability in any one occurrence based upon or arising out of the ownership, use, occupancy or maintenance of a motor vehicle at the Premises and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment all areas appurtenant thereto 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 amount of not less than the full replacement cost thereof$1,000,000, with an agreed amount endorsement, and combined single limit; (diii) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” commercial property insurance of covering Tenant’s Property (at its full replacement cost); (iv) workers’ compensation insurance per the applicable state statutes covering all employees of Tenant; (v) business interruption insurance with limits not less than an amount equal to two (2) years’ rent due hereunder, and Fixtures shall be payable to Landlordif Tenant handles, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord stores or utilizes Hazardous Substances in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedits business operations, so that the amount thereof adequately protects Landlord’s interest(vi) pollution legal liability insurance.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence (which may be satisfied by Tenant’s obtaining primary coverage in an amount not less than $2,000,000 and umbrella coverage in an amount equal to the difference between $3,000,000 and the amount of such primary coverage) or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably 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 in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company, and, if necessaryrequested in writing by Landlord, commercial umbrella insuranceLandlord’s Mortgagee, including against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (B) insurance covering the full value of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Xxxxxx’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy), (E) worker’s compensation insurance, and (dF) business interruption insurance in an amount reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits of such insurance shall not limit the commercial general liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 may have a deductible of no more than $5,000 per occurrence; the property insurance to be increasedmaintained by Tenant may have a deductible of no more than $10,000 per occurrence; and, so that all other insurance to be maintained by Tenant shall have no deductible. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the amount thereof adequately protects 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, on or before the date of 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 in form, and issued by companies with a Best’s 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 and such failure continues for five days following Landlord’s interestreceipt of an additional notice from Tenant that includes the following phrase in bold, all caps type: “WARNING: FAILURE TO PROVIDE EVIDENCE OF INSURANCE COVERAGE IN COMPLIANCE WITH THE REQUIREMENTS OF THE LEASE FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THIS NOTICE WILL ALLOW LANDLORD TO PROCURE INSURANCE ON TENANT’S BEHALF AND CHARGE COSTS TO TENANT,” then in such case, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such cost.

Tenant’s Insurance. Effective as of the earlier of (a) the date Tenant enters or occupies the Premises, or (b) the Rent Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $5,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, the use and personal injury liability coverage, in respect occupancy of the Premises and include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the conduct commercial general liability policy or operation of business thereinotherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to insuring Tenant, as additional insuredsLandlord, with limits Landlord’s property management company and Landlord’s asset management company against all liability for injury to or death of not less than $5,000,000 combined single limit for bodily injury a person or persons or damage to property arising from the use and property damage liability in any one occurrence occupancy of the Premises, (2) insurance covering the full value of all alterations and (c) boiler improvements and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (3) insurance covering the full replacement cost thereofvalue of all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Premises by or on behalf of a Tenant Party, (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) worker’s compensation insurance, and (d6) business interruption insurance. Tenant’s insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver and such other evidence satisfactory to Landlord and any additional insureds, of the maintenance of all insurance coverages required hereunder at least 10 ten days prior to the earlier of the Rent Commencement DateDate or the date Tenant enters or occupies the Premises, such fully paid-for policies or certificates 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 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 such policies shall be issued by companies of recognized responsibility licensed to do business in New York State the state in which the Premises is located and rated by Best’s Insurance Reports or any successor publication having an A.M. Best rating of comparable standing as at least A/VIII or better :X (or the then equivalent of such rating) or otherwise approved in writing by Landlord. If Tenant fails to comply with the foregoing insurance requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and all such policies Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. Tenant shall maintain at all times during the Term (a) “all risk” property procure, keep in force and pay for insurance covering all present claims and future demands for injury to or death of persons or damage to property arising out of or related to Tenant’s Property and Fixtures to a limit 's occupancy of the Premises. Insurance shall not be in amounts less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 following: COMMERCIAL GENERAL LIABILITY $ 1,000,000 combined single limit for per occurrence, Coverage A $ 1,000,000 any one person or organization, Coverage B $ 1,000,000 products/completed operations liability aggregate $ 5,000 medical payments $ 50,000 fire damage legal liability $ 2,000,000 general aggregate, applying per location, per project OR $4,000,000 general aggregate The general liability is to be written on the 1988 Insurance Services Office form and shall extend to broad form contractual liability covering the indemnification provisions of this Lease, premises-operations liability, independent contractors liability, products and completed operations liability, personal injury liability, and host liquor liability. UMBRELLA LIABILITY $ 5,000,000 each occurrence $ 5,000,000 aggregate WORKERS' COMPENSATION Coverage A Workers' Compensation -Statutory Coverage B Employer's Liability - $500,000 bodily injury by accident, each accident $500,000 bodily injury by disease, each employee $1,000,000 bodily injury by disease, policy aggregate AUTOMOBILE LIABILITY $1,000,000 Combined single limit, each accident applying to all owned, hired and nonowned automobiles GLASS COVERAGE Covering all glass windows on the Property in such reasonable amounts as may be established from time to time by Landlord. CONTENTS AND LEASEHOLD IMPROVEMENTS COVERAGE Adequately insuring all property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment situated in the Premises, with Landlord the Building or elsewhere on the Property and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address belonging to or removable by Tenant. BUSINESS INTERRUPTION COVERAGE Insurance shall have been furnished to Tenant, as loss payees as their interests may appear, with limits of not be less than the full replacement cost thereof, with an agreed amount endorsement, such higher amounts as are customarily carried by responsible tenants of comparable premises in Boston or Waltham 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 liability of Tenant. Tenant shall deliver to as may be required by Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttime.

Tenant’s Insurance. Tenant shall covenants and agrees, at its sole cost and expense, to carry and maintain at all times during in force from and after the Term date of this Lease and throughout the term of this Lease (ai) “all risk” property insurance covering all present worker’s compensation and future Tenant’s Property and Fixtures to a limit other required statutory forms of not less than the full replacement cost thereofinsurance, with an agreed amount endorsement, and in statutory limits; (bii) commercial comprehensive general liability insurance, andwhich shall be written on an occurrence basis, if necessary, commercial umbrella insurance, including a contractual liability endorsement, naming Tenant as the insured and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insuredsinsureds on a primary and non-contributory basis, with in limits of not less than $5,000,000 [***] per occurrence (combined single limit for bodily injury limit), including premises liability, products/completed operations (if applicable), property damage, water damage and sprinkler leakage legal liability and contractual liability coverage covering the indemnity obligations of Tenant set forth in this Lease; (iii) all-risk property insurance including but not limited to loss or damage liability by fire, windstorm, vandalism and malicious mischief and such other hazards as are included in any one occurrence so-called extended coverage or as may otherwise reasonably be required by Landlord, covering all improvements and betterments, furniture, furnishings, fixtures and equipment and other moveable trade fixtures and personal property now or hereafter placed in the Leased Premises by Tenant or Landlord, to their full insurable value; and (civ) boiler from and machineryafter the Commencement Date of this Lease and throughout the remainder of the Lease Term rent or business interruption insurance against loss resulting from fire, if there is a boileror other risks covered by broad form extended coverage endorsement, supplemental air conditioning unit or pressure object or similar equipment in an amount equal to three months of the then current Rent for the Leased Premises, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished loss payable under such policy to Tenant, as loss payees as their interests may appearLandlord, with Landlord being named as a loss payee under the aforementioned property programs. The foregoing limits shall be increased from time to time in the event that Landlord, in its reasonable judgment, shall determine that the amounts of insurance are inadequate to pay any claims that may be brought under the foregoing policies; provided that in no event shall Tenant be required to increase such limits to an amount in excess of the limits customarily required by commercial landlords with respect to premises similar to the Leased Premises (including the use to which the Leased Premises shall be put) located in Gaithersburg, Maryland. Such policies are to be written for terms of not less than one year by a company having a general policy holder’s rating of not less than A- and a rating in financial size of not less than XI, as rated in the full replacement cost thereof, with an agreed amount endorsementmost current “Best’s” insurance reports, and authorized and licensed to issue such policies in this property’s jurisdiction. Any such insurance required of Tenant hereunder may be furnished by Tenant under any blanket policy carried by it, providing the policy strictly complies with all other terms and conditions contained in this Lease, and provided further that such policy: (dx) when Alterations are identifies with specificity the particular address of the Leased Premises being covered under the blanket policy; and (y) provides a minimum guaranteed coverage amount for the Leased Premises as required pursuant to the terms of this Article. Each policy evidencing insurance as required by to carried by Tenant pursuant to this Article shall contain the following provisions and/or clauses: (i) a cross-liability clause; (ii) a provision that such policy and the coverage carried by Landlord shall be excess insurance; (iii) a provision including Landlord, Landlord’s managing agent, and other parties (including mortgagees) designated by Landlord as additional insureds (except with respect to workers’ compensation insurance); (iv) 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 reasons of any act or omission of Landlord, its agents, employees, or representatives; (v) a severability clause; and (vi) a provision that the insurer will advise Landlord and all designated additional insureds of any notice of cancellation of such policy. An Evidence of Insurance (in processform XXXXX 27, or such other form acceptable to Landlord) for each of the insurance policies Tenant is required to carry in compliance with its obligations under this Lease, and containing provisions specified in Section 4.02(f) hereof. The limits of such insurance herein, shall not limit the liability of Tenant. Tenant shall deliver be delivered to Landlord and any additional insureds, at least 10 days prior to the earlier of (x) the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by (y) the insurance company or its authorized agent. date Tenant shall procure and pay first take possession of the Leased Premises for renewals of such insurance from time any purpose, and, upon renewals, prior 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 [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. such coverage. Upon Tenant’s default in obtaining or delivering any existing policy. All such policy or policies or failure to pay the premiums therefor, Landlord (in addition to and not in limitation of its other rights, remedies and privileges by reason thereof) may, but shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceledobligated to, allowed secure or pay the premium for any such policy or policies and charge Tenant as rent therefor an amount equal to lapse or modified unless 110% of the costs incurred by Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modificationthereby. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable Insurance notifications may arrive by regular mail. Notwithstanding anything contained herein to Landlordthe contrary, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appearsatisfy its insurance obligations hereunder either partially or in full by self-insurance. Tenant Notwithstanding anything herein to the contrary, nothing herein shall cooperate with prevent Landlord in connection with the collection of any insurance moneys that may be due from recovering, in the event of loss fire or other loss, under Landlord’s fire or other insurance coverage for all betterments and improvements by Tenant shall execute so affixed to the Leased Premises as to be considered part of the realty under law. Notwithstanding anything herein to the contrary, the parties hereto release each other and deliver their respective partners or principals, disclosed or undisclosed, agents, successor, assignees, subtenants and their respective employees in respect to Landlord such proofs of loss and other instruments any claim occurring during the Lease Term that is caused by or results from a risk which may be is actually insured against, which is required to recover be insured against under this Lease, or which is normally covered under a fire insurance policy with extended coverage endorsement. This waiver shall include any such insurance moneysclaim (including a claim for negligence) which either party might otherwise have against the other, or its partners or principals, disclosed or undisclosed, agents, successor, assignees, subtenants and their respective employees for loss, damage or destruction with respect to property by fire or other casualty (including rental value or business interest, as the case may be). If any cost of insuring the Gaithersburg Facility (including the Building) shall increase as a result of the operation of Tenant’s particular business in the Leased Premises, Tenant shall, notwithstanding any other provision of this Lease, pay Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increasedsuch increase, so that the amount thereof adequately protects Landlord’s interestas rent hereunder.

Tenant’s Insurance. Tenant shall, at its own expense, maintain in full force and effect during the Lease Term the following insurance: (a) Tenant shall maintain at all times during a policy or policies of comprehensive general liability insurance, including fire and property damage carried with a company or companies satisfactory to Landlord, which will insure Tenant and Landlord (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property (including but not limited to, Tenant's personal property, inventory, trade fixtures and improvements constructed by Tenant within the Term Premises with coverage for the full actual replacement cost thereof), occurring in or about, or resulting from any occurrence in or about, the Premises or use or occupancy of the Premises (aand Tenant's operations on the Premises) “all risk” property insurance covering all present and future or arising out of Tenant’s Property and Fixtures to a 's or its agents', employees', or representatives' use of the building, Common Areas or Project with combined single limit coverage of not less than the full replacement cost thereof, with an agreed amount endorsement, and one million dollars (b) commercial $l,000,000.00). Such comprehensive general liability insurance, and, if necessary, commercial umbrella insurance, including insurance shall be extended to include a "blanket contractual liability" endorsement insuring Tenant's performance of Tenant's obligation to indemnify Landlord contained in Section 12.1 and all of the other broadened liability features normally contained in an extended liability endorsement. If Landlord's lender, and personal injury liability coverageinsurance advisor or counsel reasonably determines at any time that the amount of such coverage is not adequate, in respect of the Premises and the conduct Tenant shall increase such coverage to such amount as Landlord's lender, insurance advisor or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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) hereofcounsel reasonably deems adequate. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord Landlord, prior to possession, and any additional insureds, at least 10 thirty (30) days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy, a certificate of insurance evidencing the existence of the policy required hereunder and such certificate shall certify that the policy (i) names Landlord as additional insured, (ii) shall not be canceled or reduced in coverage without thirty (30) days prior written notice to Landlord, (iii) insures performance in the indemnity set forth in Paragraphs 12.1 and 19.5 above (including, provided Tenant uses Hazardous Materials pursuant to Paragraph 19 above, without limitation, "Pollution Liability" ); (iv) provides coverage which is primary and not contributing with and not in excess of coverage which Landlord may carry; and (v) contains a cross-liability endorsement. In the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. All such policies shall be issued by companies written as primary policies, not contributing with and not in excess 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 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 coverage which Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appearcarry. Tenant shall cooperate with Landlord have the right to provide such insurance coverage pursuant to blanket policies obtained by Tenant provided such blanket policies expressly afford coverage to the Premises and to Tenant as required by this Lease. (b) Tenant, at its sole cost, shall procure and maintain in connection with force during the collection of any insurance moneys that may be due Lease term, "all-risk" property insurance, including vandalism, boiler and machinery, sprinkler damage, and malicious mischief on all leasehold improvements installed in the event of loss Premises by Tenant at its expense and Tenant all equipment, trade fixtures, inventory fixtures and personal property located on, in or about the Premises. Such insurance shall execute and deliver be an amount equal to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount full replacement cost of the insurance aggregate of the foregoing. (c) The policies required to be maintained by Tenant under this Section 7.02 pursuant to subparagraphs (a) and (b) above shall be increasedwith companies, so on forms, with deductible amounts (if any) and loss payable clauses satisfactory to Landlord and shall include Landlord and the beneficiary of any deed of trust encumbering the Premises as additional insureds, and shall provide that the amount thereof adequately protects Landlord’s interest.such parties may, although additional insureds, recover for any loss suffered by Tenant's neglect. 13.2

Tenant’s Insurance. Tenant shall maintain 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 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 the 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenant’s Property contractor's protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen's compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 17 herein, Tenant shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business therein, Tenant whether pursuant to the terms of Section 9 or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord's demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain at all times during throughout the Term the ------------------ following insurance policies: (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, with an agreed amount endorsement, and (b1) commercial general liability insuranceinsurance in amounts of $2,000,000.00 per occurrence or, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before following the expiration of any existing policy. All the initial Term, such policies shall be issued by companies 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 other amounts as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time reasonably require that (and, if the amount use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy [e.g., the sale, service or consumption of alcoholic beverages], Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord's agents and their respective Affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises, (2) insurance covering the full value of Tenant's property and improvements, and other property (including property of others) in the Premises, (3) 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), (4) worker's compensation insurance, and (5) business interruption insurance. Tenant's liability insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be maintained excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least 30 days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and issued by Tenant under this Section 7.02 be increasedcompanies, so that the amount thereof adequately protects reasonably satisfactory to Landlord’s interest.

Tenant’s Insurance. Tenant shall maintain at At all times during the Term Lease Term, Tenant will carry and maintain, at Tenant's expense, the following insurance, in the amounts specified below or such other amounts as Landlord may from time to time reasonably request, with insurance companies and on forms satisfactory to Landlord: (a) “all risk” property insurance Commercial General Liability occurrence form, or equivalent, covering all present and future Tenant’s Property and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and operations of the conduct or operation of business thereinTenant, including personal injury and contractual liability, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability of not less than 2,000,000 dollars per occurrence, 2,000,000 dollars annual aggregate, naming Landlord, its agents and employees, and any others specified from time to time by Landlord, as additional insured under such Policy. Such policy will be primary insurance, and any similar insurance which may be purchased by the Landlord shall be in any one occurrence excess of Tenant's policy, and not contributory therewith. (cb) boiler Insurance covering all of Tenant's furniture and fixtures, machinery, if there is a boilerequipment, supplemental air conditioning unit stock, merchandise and any other personal property owned or pressure object used in Tenant's business and found in, on, or similar equipment about the Building, and any Leasehold improvements to the Premises in excess of the Premises, with Landlord and its managing agentallowance, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished provided pursuant to Tenantthe Workletter, as loss payees as their interests may appearif any, with limits of in an amount not less than the full replacement cost thereofvalue, against Basic Form Causes of Loss (fire and extended coverage). All policy proceeds will be used for the repair or replacement of the damaged or destroyed property; however if this Lease terminates pursuant to the provisions of Article 18, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, stock and other personal property. (c) Worker's compensation insurance insuring against and satisfying Tenant's obligations and liabilities under the Worker's Compensation laws of the state of Kansas, including Employer's Liability insurance with an agreed amount endorsement, and a limit of not less than 1,000,000 dollars. (d) when Alterations are in processIf Tenant operates owned, hired, or non-owned vehicles on the project, Automobile Liability insurance specified in Section 4.02(f) hereof. The with limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestless than 1,000,000 dollars.

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancelable except after thirty (30) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy al least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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, (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days’ written notice to Landlord or its designees. All such policies of in­surance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor’s liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenantcontractor’s Property protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen’s compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements not required to be restored at the end of the Term made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord’s demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. Beginning on the date Tenant is given access to the Premises for any purpose and continuing until the expiration of the Lease term, including extensions or holdovers thereof, Tenant shall maintain at all times during policies of insurance covering loss or damage to Tenant’s trade fixtures, merchandise, equipment and improvements installed by Tenant and not covered by a Tenant Improvement Allowance, and other personal property in or about the Premises, in commercially reasonable amounts relative to the value of the property insured and providing protection against any peril included within the classification “Causes of Loss-Special Form” (or comparable coverage), together with insurance against sprinkler damage, vandalism and malicious mischief. As an Operating Expense, Tenant shall be liable for its prorata share of any deductible amount under Landlord’s insurance policies required to be maintained pursuant to Section 11.2 (in an amount not to exceed $10,000 per occurrence), provided that if the loss or damage results directly from the act or omission of Tenant, its employees, contractors or agents, then Tenant shall be solely responsible for the payment of such deductible. Beginning on the date Tenant is given access to the Premises for any purpose, and continuing until expiration of the Term (a) “all risk” property insurance covering all present and future any Extensions thereto), Tenant shall provide, pay for and maintain in effect during Tenant’s Property occupancy of the Premises, worker’s compensation insurance as required by law and Fixtures to a limit of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of insurance on the Premises and the conduct operations of Tenant in, on or operation of business thereinabout the Premises, with Landlord providing personal injury and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of broad form property damage coverage for not less than Two Million Dollars ($5,000,000 2,000,000) combined single limit for bodily injury injury, death and property damage liability. The deductibles or self-insurance portion under any such insurance policies to be carried by Tenant shall not exceed Five Thousand Dollars ($5,000). The commercial general liability insurance policy shall name Landlord, and, upon Landlord’s request, Landlord’s mortgagee, as an additional insured and Tenant shall submit proof of such insurance to Landlord in the form of an industry standard “Additional Insured Endorsement” not less than five (5) business days prior to Tenant’s occupancy of the Premises for business operations and not less than fifteen (15) days prior to the expiration of any one occurrence and (c) boiler and machineryoperative endorsement. Tenant shall also procure adequate insurance to cover all of Tenant’s obligations under this Lease, if there is including, but not limited to, Tenant’s obligations to indemnify Landlord as set forth in Section 11.5 below. If Tenant carries any of the insurance required hereunder in the form of a boilerblanket policy, supplemental air conditioning unit or pressure object or similar equipment in any certificate required hereunder shall make specific reference to the Premises, provided, however, the blanket policy carried with respect to the insurance required by Tenant hereunder shall contain a “per location” endorsement assuring that any aggregate limit under such blanket policy shall apply separately to the Premises and that the insurer thereunder shall provide written notice to Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished the available portion of such aggregate is reduced to Tenant, as loss payees as their interests may appear, with limits of not less than the full replacement cost thereofminimum amounts required under this Article by either Table of Contents payment of claims or the establishment of reserves for claims, with an agreed (whereupon Tenant shall be obligated to take immediate steps to increase the amount endorsement, and (d) when Alterations are of its insurance coverage in process, order to satisfy the insurance specified minimum requirements set forth in Section 4.02(f) hereof11.2). The policy evidencing insurance required to be carried by Tenant pursuant to this Article shall provide coverage on an occurrence basis. The limits of such the insurance coverage required by Landlord or the unavailability of certain types of coverage shall not limit or release Tenant from any of its obligations under this Lease and the liability existence of such insurance in no way changes Tenant’s obligations to Landlord. Tenant shall deliver not use, or allow the Premises to be used for any purpose which may be prohibited by the form of fire insurance policy required to be carried under this Lease. Tenant shall pay any increase in premiums for liability and property (including all risk coverage) insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord and on the Premises, the Building or the Project resulting from Tenant’s occupancy whether or not Landlord has consented thereto. In such event, Tenant shall also pay any additional insuredspremium on the insurance policy that Landlord may carry for its protection against rent loss through fire or casualty. In determining whether increased premiums are the result of Tenant’s use of the Premises, at least 10 days prior to the Commencement Datea schedule, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the organization setting the insurance company or its authorized agent. Tenant shall procure and pay for renewals rate on the Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the casualty and fire insurance from time rate on the Premises. Landlord shall deliver invoices for such additional premiums to time before the expiration thereofTenant at such times as Landlord may elect, and Tenant shall deliver to immediately reimburse Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interesttherefore.

Tenant’s Insurance. Tenant shall maintain at all times during On or before the Term (a) “all risk” property insurance covering all present and future Commencement Date or Tenant’s Property prior entry into the Premises, Tenant will obtain and Fixtures to a limit of not less than the have in full replacement cost thereofforce and effect, with insurance coverage as follows: workers’ compensation in an agreed amount endorsement, and required by law; (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including with a contractual liability endorsement, per occurrence limit of Two Million Dollars ($2,000,000) and personal injury liability coverage, in respect a general aggregate of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than Three Million Dollars ($5,000,000 combined single limit 3,000,000) for bodily injury and property damage liability in any one on an occurrence basis and (c) boiler containing an endorsement naming Landlord, its agents, designees and machinerylender as additional insureds, 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 anyan aggregate limit per location endorsement, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to no modification that would make Tenant, as loss payees as their interests may appear, ’s policy excess or contributing with limits of not less than Landlord’s liability insurance; (iii) all risk property insurance for the full replacement cost thereofvalue of all of Tenant’s furniture, with an agreed amount endorsementfixtures, equipment, alterations, improvements or additions that do not become Landlord’s property upon installation; and (div) when Alterations are any other form or forms of insurance or any increase in processthe limits of any of the coverages described above or other forms of insurance as Landlord or the mortgagees or ground lessors (if any) of Landlord may reasonably require from time to time if in the reasonable opinion of Landlord or said mortgagees or ground lessors said coverage and/or limits become inadequate or less than that commonly maintained by prudent tenants with similar uses in similar buildings in the area. All policies obtained by Tenant will be issued by carriers having ratings in Best’s Insurance Guide (“Best”) of A and VIII, or better (or equivalent rating by a comparable rating agency if Best no longer exists) and licensed in the State. All such policies must be endorsed to be primary and noncontributing with the policies of Landlord being excess, secondary and noncontributing. No policy will be canceled, nonrenewed or materially modified without thirty (30) days’ prior written notice by the insurance specified in Section 4.02(f) hereofcarrier to Landlord. The limits If the forms of such policies, endorsements, certificates, or evidence of insurance shall not limit required by this Article are superseded or discontinued, Landlord may require other equivalent or better forms. Evidence of the liability insurance coverage required to be maintained by Tenant, represented by certificates of Tenant. Tenant shall deliver insurance issued by the insurance carrier, must be furnished to Landlord prior to Tenant occupying the Premises and any additional insureds, at least 10 thirty (30) days prior to the Commencement Dateexpiration of current policies. Copies of all endorsements required by this Article must accompany the certificates delivered to Landlord. The certificates will state the amounts of all deductibles and self-insured retentions and that Landlord will be notified in writing thirty (30) days prior to cancellation, such fully paidmaterial change, or non-for policies or certificates renewal of insurance, . If requested in form reasonably satisfactory to Landlord issued writing 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with will provide to Landlord in connection with the collection a certified copy of any or all insurance moneys policies or endorsements required by this Article. .B Tenant will not do or allow anything to be done on the Premises which will increase the rate of fire insurance on the Building from that may be due of a general office building. If any use of the Premises by Tenant results in an increase in the event of loss fire insurance rate(s) for the Building, Tenant will pay Landlord, as Additional Rent, any resulting increase in premiums. Tenant’s insurance obligations set forth in Section 22 a)(i) and Tenant (ii) above shall execute continue in effect throughout the Term and deliver to Landlord such proofs of loss and other instruments which may be required to recover after the Term as long as Tenant, or anyone claiming by, through or under Tenant, occupies all or any such insurance moneys. Landlord may from time to time require that the amount part of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestPremises.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including 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, Landlord’s Mortgagee, against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord (B) insurance covering the replacement cost of all alterations and its managing agent, if any, improvements and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Xxxxxxxx’s Mortgagee whose name and address shall have been furnished to Tenant, as additional loss payees as their interests may appear, with limits of not less than (C) insurance covering the full replacement cost thereofof all furniture, with an agreed amount endorsementtrade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment), (D) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’ s commercial general liability insurance policy) , (E) worker’s compensation insurance, and (dF) business interruption insurance in an amount reasonably acceptable to Landlord. Tenant’s insurance shall provide primary coverage to Landlord when Alterations are any policy issued to Landlord provides duplicate or similar coverage, and in process, the insurance specified in Section 4.02(f) hereofsuch circumstance Landlord’s policy will be excess over Tenant’s policy. The limits Tenant shall furnish to Landlord certificates of such insurance shall not limit and such other evidence satisfactory to Landlord of the liability maintenance of Tenantall insurance coverages required hereunder on or before the Commencement Date. Tenant shall deliver promptly notify Landlord if any insurance required hereunder will not be renewed. Upon the renewal of the insurance required hereunder, Tenant shall, no later than fifteen (15) days after the renewal, furnish to Landlord and insurance certificate(s) evidencing the renewal. If, during the Term, any additional insuredsinsurance coverage required hereunder is changed in any manner, at least 10 Tenant shall, no later than fifteen (15) days prior to after the Commencement Datechange, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory furnish to Landlord issued by insurance certificate(s) evidencing the insurance company or its authorized agentchange. Tenant shall procure and pay for renewals obtain a written obligation on the part of such each insurance from time company to time before the expiration thereof, and Tenant shall deliver to notify Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration cancellation of any existing policysuch insurance policies. All such insurance policies shall be in form, and issued by companies with an A.M. Best rating of recognized responsibility licensed A+:VII or better, reasonably satisfactory to do business 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 New York State and rated by Best’s Insurance Reports addition to any other remedy available pursuant to this Lease or any successor publication of comparable standing as A/VIII or better or the then equivalent of such ratingotherwise, and all such policies may, but shall contain a provision whereby the same cannot be canceledobligated to, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of obtain such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver pay to Landlord on demand the premium costs thereof, plus an administrative fee of 15% of such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestcost.

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and noncontributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancelable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Lease Term, Tenant shall maintain at all times during the Term following insurance policies: (aA) “all risk” property commercial general liability insurance covering all present and future Tenant’s Property and Fixtures to a of not less than $[***] per occurrence, with an annual aggregate limit of not less than $[***], which shall apply on a per location basis, or, following the full replacement cost thereofexpiration of the initial Lease Term, with an agreed amount endorsementsuch other amounts as Landlord may from time to time reasonably require (and, if the use and (b) occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability insurancepolicy [e.g., andthe 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 necessaryapplicable] in such amounts as Landlord may reasonably require), commercial umbrella insuranceinsuring Tenant, including Landlord, the Property Manager, [***] ("Asset Manager"), [***] ("[***]") against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s equipment with an additional insured endorsement in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord); (B) Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $[***] combined single limit for property damage and bodily injury, naming Landlord, the Property Manager, Asset Manager and [***] as additional insureds; (C) Special Risk Property insurance (which, if available at a commercially reasonable cost, shall include protection against loss or damage from earthquakes) covering the full value of all Tenant-Made Alterations and improvements and betterments in the Premises, naming Landlord and its managing agentlender as additional loss payees as their interests may appear; (D) Special Risk Property insurance (which, if anyavailable at a commercially reasonable cost, shall include protection against loss or damage from earthquakes) covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, Employers’ Liability insurance with limits of not less than $5,000,000 combined single limit [***]; (G) business interruption insurance in an amount that will reimburse Tenant for bodily injury and property damage liability in any one occurrence and (cdirect or indirect loss of earnings attributable to all perils insured against under Paragraph9(a)(C) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object attributable to the prevention of access to the Building 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 naming Tenant, Landlord, Landlord’s lender and [***] as loss payees as their interests may appearwith respect to loss of rents coverage; (H) in the event Tenant performs any alterations or repairs in, with on, or to the Premises, Builder’s Risk Insurance on a Special Risk basis (including collapse) on a completed value (non- reporting) form, or by endorsement including such coverage pursuant to Paragraph9(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s insurance shall provide primary coverage to Landlord and shall not less than the full replacement cost thereofrequire contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an agreed amount endorsementadditional insured endorsement in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least [***] (d[***]) when Alterations are days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least [***] ([***]) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to endeavor to notify Landlord at least [***] ([***]) days before cancellation of any such insurance policies. All such insurance policies shall be in processform, and issued by companies licensed to do business in the State of California and with a Best’s rating of A:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance specified requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in Section 4.02(faddition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of [***] percent ([***]%) hereofof such cost. The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain 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 35, Section 10, 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 (d) shall insure all plate and other interior glass in the Premises for and in the name of Landlord and (e) business interruption insurance in an amount sufficient to reimburse Tenant for loss of earnings attributable to prevention of access to the Building or the Premises for a period of at least twelve (12) months. 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 coverage which Landlord shall carry. Tenant shall deposit the policy or policies of such required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its mortgagees, as additional insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) days' written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and shall be maintained in force at all times during the 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 times as contractor is working in the Premises, a non-deductible (ai) “all risk” comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property insurance covering all present damage endorsement and future Tenant’s Property contractor's protective liability coverage, to afford protection with limits per person and Fixtures to a limit for each occurrence, of not less than the full replacement cost thereofTwo Hundred Thousand Dollars ($200,000.00), combined single limit, with an agreed amount endorsementrespect to personal injury and death and property damage, such insurance to provide for no deductible, and (bii) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, workmen's compensation insurance or similar insurance in form and personal injury liability coverage, in respect amounts as required by law. In the event of damage to or destruction of the Premises and the conduct termination of this Lease by Landlord pursuant to Section 18 herein, Tenant agrees that it shall pay Landlord all of its insurance proceeds relating to improvements made in the Premises by or operation on behalf of business thereinTenant whether pursuant to the terms of Section 35, Section 10, or otherwise. If Tenant fails to comply with Landlord and its managing agentcovenants made in this Section, if anysuch 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 each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished in such event Tenant agrees to Tenantpay promptly upon Landlord's demand, as additional insureds, with limits of not less than $5,000,000 combined single limit rent the premiums for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interest.

Tenant’s Insurance. The Tenant shall maintain at all times during keep in full force and effect, 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect names of the Premises and Tenant, the conduct or operation of business therein, with Landlord and its managing agentevery mortgagee of the Building, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits a policy of not less than $5,000,000 combined single limit for bodily injury a public liability and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment in the Premises, insurance 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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued by companies of recognized responsibility licensed qualified to do business in New York State the Province of Ontario and rated by Best’s Insurance Reports or any successor publication of comparable standing as A/VIII or better or reasonably acceptable to the then equivalent of such ratingLandlord with respect to the Premises, the Lands, the Building, and all such policies the business operated by the Tenant in the Premises in which the limits of public liability shall contain a provision whereby the same cannot be canceledless than FIVE MILLION DOLLARS ($5,000,000.00) per person and FIVE MILLION DOLLARS ($5,000,000.00) per accident and in which the property damage liability shall not be less than FIVE MILLION DOLLARS ($5,000,000.00). In addition, allowed the Tenant shall at all times maintain all risk insurance in an amount adequate to lapse or modified unless Landlord cover the costs of replacement of all alterations, decorations, additions and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, improvements made by the Tenant and each Superior Lessor all goods and Superior Mortgagee as their interests may appear. chattels belonging to the Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due Premises in the event of fire or extended coverage loss. The insurance policies stipulated above shall contain a waiver or waivers of subrogation against the Landlord, to the extent available from the Tenant's insurer. The Tenant hereby waives, releases and discharges the Landlord from all tights, claims and demands whatsoever which the Tenant might have or acquire against the Landlord arising out of damage to or destruction of the Building or any part thereof occasioned by any perils insured against by the Tenant or which the Tenant has agreed to insure against, whether such rights, claims and demands shall arise through the negligence or the fault of the Landlord, its servants, agents or contractors, or not. The Tenant agrees to look solely to its insurer or insurers in the event of such loss, or whether the insurance coverage is sufficient fully to reimburse the Tenant for such loss and or not. The Tenant shall execute and deliver to Landlord such proofs certified copies of loss and other instruments which may be all insurance policies required to recover any such insurance moneys. Landlord may from time be obtained by the Tenant pursuant to time require that the amount this Lease prior to occupancy of the insurance Premises by the Tenant, and, the Tenant shall, in each Lease Year, deliver evidence of renewal of the same to be maintained by Tenant under this Section 7.02 be increasedthe Landlord. The Landlord shall insure the Building as would a prudent landlord having regard to the age, so that size and location of the amount thereof adequately protects Landlord’s interestBuilding.

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (aA) “all risk” property commercial general liability insurance covering all present and future Tenant’s Property and Fixtures to a of not less than $5,000,000 per occurrence, with an annual aggregate limit of not less than $5,000,000, insuring Tenant against liability for injury to or death of a person or persons or damage to property arising from the full replacement cost thereof, with an agreed amount endorsement, use and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment, with Landlord an additional insured endorsement naming Landlord, the Property Manager and its managing agentInvesco in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord); (B) Automobile Liability covering any owned, if anynon-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and each Superior Lessor bodily injury, naming Landlord, the Property Manager and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, Invesco as additional insureds; (C) Property insurance, which shall include protection against loss or damage from ISO Special Form perils, covering the full value of all Tenant’s Alterations and improvements and betterments in the Premises (excluding coverage for damage to the Building which is Landlord’s responsibility to insure), naming Landlord and Landlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) Property insurance, which shall include protection against loss or damage covering the full value of all Tenant’s furniture, trade fixtures and personal property in the Premises or otherwise placed in the Complex by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than $5,000,000 combined single limit 1,000,000; (G) business interruption insurance in an amount that will reimburse Tenant for bodily injury and property damage liability direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; (H) in the event Tenant performs any one occurrence and (c) boiler and machineryalterations or repairs in, if there is a boileron, supplemental air conditioning unit or pressure object or similar equipment in to the Premises, with Builder’s Risk Insurance on a Special Risk basis (including collapse) on a completed value (non-reporting) form if required, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time. Tenant’s commercial general liability, property, automobile and umbrella/excess liability insurance required herein shall provide primary coverage to Landlord and its managing agentshall not require contribution by any insurance maintained by Landlord, if anywhen any policy issued to Landlord provides duplicate or similar coverage, and each Superior Lessor and Superior Mortgagee whose name and address in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall have been furnished furnish to Tenant, as loss payees as their interests may appear, with limits Landlord certificates of not less than the full replacement cost thereofsuch insurance, with an agreed amount endorsementadditional insured endorsement in form CG 2026 04/13 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (d10) when Alterations are days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, and at least five (5) days prior to each renewal of said insurance, and Tenant shall provide written notice to Landlord at least thirty (30) days before cancellation or a material change of any insurance policies required of them herein. All such insurance policies shall be in processform, and issued by companies approved to do business in the State of California and with a Best’s rating of A-:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance specified requirements or to deliver to Landlord the certificates or evidence of coverage required herein, Landlord, in Section 4.02(f) hereofaddition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof. The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Effective as of the earlier of (1) the date Tenant enters or occupies the Premises, or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, insurance in respect amounts of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one per occurrence and (c) boiler and machineryor, 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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before following the expiration of any existing policy. All the initial Term, such policies shall be issued by companies 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 other amounts as A/VIII or better or the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time reasonably require that (and, if the amount 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, Landlord's Mortgagee, against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises, (B) intentionally omitted, (C) insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party, (D) contractual liability insurance sufficient to cover Tenant's indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant's commercial general liability insurance policy), (E) worker's compensation insurance at the minimum required by Law, (F) employer’s liability insurance with minimum coverage of $1,000,000 per accident and in the aggregate, (G) business auto liability with a minimum coverage of $1,000,000 per accident and in the aggregate, and (H) business interruption insurance in an amount reasonably acceptable to Landlord. The commercial general liability insurance to be maintained by Tenant under may have a deductible of no more than $10,000 per occurrence; the property insurance to be maintained by Tenant may have a deductible of no more than $50,000 per occurrence; and, all other insurance to be maintained by Tenant shall have no deductible. Tenant's insurance shall provide primary coverage to Landlord when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord's policy will be excess over Tenant's policy. Tenant shall furnish to Landlord certificates of such insurance and such other evidence 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, 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 in form, and issued by companies with a Best's 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 Section 7.02 Lease or otherwise, may, but shall not be increasedobligated to, so that obtain such insurance and Tenant shall pay to Landlord on demand the amount thereof adequately protects Landlord’s interestpremium costs thereof, plus an administrative fee of 10% of such cost.

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies any portion of the Premises; or (2) the Initial Premises Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (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, with an agreed amount endorsement, and (bA) commercial general liability insuranceinsurance in amounts of $3,000,000 per occurrence or, following the expiration of the Initial Term, such other amounts as Landlord may from time to time reasonably require (and, if necessarythe 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 umbrella insurancegeneral liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter [including liquor liability, including if applicable] in such amounts as Landlord may reasonably require), insuring Tenant, Landlord, Landlord’s property management company and Invesco against all liability for injury to or death of a contractual liability endorsement, person or persons or damage to property arising from the use and personal injury liability coverage, in respect occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or operation removal of business thereinTenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 or equivalent; (B)Automobile Liability covering any owned, with Landlord and its managing agentnon-owned, if anyleased, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, rented or borrowed vehicles of Tenant with limits of not no less than $5,000,000 3,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and bodily injury; (cC) boiler All Risk Property insurance covering the full value of all Alterations and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment improvements and betterments in the Premises, with naming Landlord and its managing agent, if any, and each Superior Lessor and Superior Landlord’s Mortgagee whose name and address shall have been furnished to Tenant, (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 16 insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if such contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and Employers’ Liability insurance with limits of not less than Three Million Dollars ($3,000,000); (G) business interruption insurance in an amount that will reimburse Tenant for direct or indirect loss of earnings attributable to all perils insured against under Section 11(a)(2)(C) or attributable to the prevention of access to the Building or Premises; (H) in the event Tenant performs any alterations or repairs in, on, or to the Premises, to the extent not covered by the All Risk Property insurance required under Section 11(a)(2)(D) hereinabove, Builder’s Risk Insurance on an All Risk basis (including collapse) on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(2)(C) hereinabove, for full replacement cost thereofvalue covering all work incorporated in the Building and all materials and equipment in or about the Premises; and (I) such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time, but only in the event and to the extent such coverages are commonly required by like landlords of similar properties and coverage is commercially available in the insurance industry. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an agreed amount endorsementadditional insured endorsement in form CG 20 26 11 85 or equivalent, and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (d10) when Alterations are days prior to the earlier of the Initial Premises Commencement Date or the date Tenant enters or occupies any portion of the Premises, and at least fifteen (15) days prior to each renewal of said insurance, and Tenant shall obtain a written obligation on the part of each insurance company to notify Landlord at least thirty (30) days before cancellation of any such insurance policies. All such insurance policies shall be in processform, and issued by companies with a Best’s rating of A:VII or better, reasonably satisfactory to Landlord. If Tenant fails to comply with the foregoing insurance specified requirements or to deliver to Landlord the certificates or evidence of coverage required herein, and such failure continues for a period of two (2) Business Days following the date of written notice thereof from Landlord to Tenant, Landlord, in Section 4.02(faddition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of ten percent (10%) hereofof such cost. The It is expressly understood and agreed that the foregoing minimum limits of such insurance coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 policythis Lease. All such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property insurance policies may contain commercially reasonable deductibles and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestself-insured retentions.

Tenant’s Insurance. Tenant shall, at Tenant's expense, maintain during the Lease Term (and, if Tenant shall maintain at all times occupy or conduct activities in or about the Premises prior to or after the Lease Term, then also during such pre-term or post-term period): (i) comprehensive general liability insurance including contractual liability coverage, with a minimum coverage of One Million Dollars ($1,000,000) per occurrence/One Million Dollars ($1,000,000) general aggregate, for injuries to, or illness or death of, persons and damage to property occurring in or about the Term Premises or otherwise resulting from Tenant's operations in the Building, (aii) “property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then-available standard forms of "all risk” " insurance policies (excluding earthquake and flood but including water damage), covering Tenant's property insurance covering all present and future Tenant’s in or about the Premises or the Real Property and Fixtures also covering any fixtures that may belong to a limit Tenant and any Alterations not in the nature of ordinary office improvements, but excluding the improvements existing in the Premises as of the date of Tenant's initial occupancy of the Premises, for not less than eighty percent (80%) of the full replacement cost thereofvalue thereof without deduction for depreciation; and (iii) workers' compensation insurance in statutory limits. The above-described comprehensive general liability insurance shall protect Tenant, with an agreed amount endorsementas named insured, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agentall the Indemnities, if anyas defined in Section 14, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenantparties designated by Landlord, as additional insureds; shall insure Landlord's and such other parties' contingent liability with regard to acts or omissions of Tenant; and shall specifically include all liability assumed by Tenant under this Lease (provided, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage however, that such contractual liability in any one occurrence and (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 coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease). Landlord reserves the right to reasonably increase the foregoing amount of 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 coverage from time to time before the expiration thereof, and Tenant shall deliver as Landlord's insurance consultant determines is required to adequately protect Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies shall be issued other parties designated by companies 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 Landlord from the then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestmatters insured thereby.

Tenant’s Insurance. a. All insurance required to be carried by Tenant shall maintain at 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to the Commencement Date, such fully paid-for policies or certificates of insurance, in form reasonably satisfactory to Landlord issued by the insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insureds such renewal policy or a certificate thereof at least 30 days before the expiration of any existing policy. All such policies hereunder shall be issued by responsible insurance companies of recognized responsibility licensed acceptable to Landlord and Landlord's lender and qualified 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 then equivalent of such ratingState. Each policy shall name Landlord, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and at Landlord's request any additional insureds are given at least 15 days prior written notice mortgagee of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as an additional insured, as their respective interests may appear. Tenant Each policy shall cooperate contain (i) a cross-liability endorsement, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord in connection with and that any coverage carried by Landlord shall be excess insurance, and (iii) a waiver by the collection 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 moneys that may policy required hereunder shall be due in the event of loss and Tenant shall execute and deliver delivered to Landlord such proofs before the date Tenant is first given the right of loss possession of the Premises, and other instruments which may be required to recover thereafter within thirty (30) days after any such insurance moneysdemand by Landlord therefor. Landlord may may, at any time and from time to time require that the amount of the time, inspect and/or copy any insurance policies required to be maintained by Tenant under hereunder. No such policy shall be cancellable except after twenty (20) days written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or 'binders" of any such policy at least ten (10) days prior to the expiration thereof. 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 coverage pursuant to blanket policies obtained by the Tenant, provided such blanket policies expressly afford coverage to the Premises, Landlord, Landlord's mortgagee and Tenant as required by this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.

Tenant’s Insurance. Tenant shall maintain A. Tenant, at all times its sole cost and expense, during the entire Term hereof, shall, commencing with the date upon which possession of the Premises shall be made available to Tenant, procure, pay for and keep in full force and effect: (ai) “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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insuranceinsurance policy (ISO form or equivalent), including a insurance against assumed or contractual liability endorsement, and personal injury liability coverage, in under this Lease with respect of to the Premises and the conduct operations of Tenant and any subtenants of Tenant in, on or operation of business therein, about the Premises in which the limits with Landlord respect to personal liability and its managing agentproperty damage shall not be less than Three Million Dollars ($3,000,000) per occurrence on a location basis; (ii) all risk property insurance including theft and, if anyapplicable, boiler and each Superior Lessor machinery coverage, written at replacement cost value in an adequate amount to avoid coinsurance and Superior Mortgagee a full replacement cost endorsement insuring the Tenant's trade fixtures, equipment, merchandise and furnishings and any other applicable party whose name items of personal property of Tenant and address shall have been furnished to including the property of Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit 's customers located on or pressure object or similar equipment in the Premises; (iii) workers' compensation coverage as required by law; (Iv) with respect to alterations, with Landlord additions or improvements and its managing agentthe like required or permitted to be made by Tenant hereunder, if any, contingent liability 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 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 builder's risk insurance, in form amounts reasonably satisfactory to Landlord issued by the Landlord; and (v) such other insurance company or its authorized agent. Tenant shall procure and pay for renewals of such insurance as 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover by city, county, state or Federal laws, codes, regulations or authorities. The deductibles or self-insurance portion under any such insurance moneyspolicies to be carried by Tenant shall not exceed Fifty Thousand Dollars ($50,000) or such higher commercially reasonable amount consistent with Tenant's financial condition. Tenant agrees that if Tenant does not take out and maintain such insurance, Landlord may from time to time require that (but shall not be required to) procure said insurance on Tenant's behalf and charge the amount of Tenant the insurance to be maintained by Tenant under this Section 7.02 be increasedpremiums, so that the amount thereof adequately protects Landlord’s interestpayable upon demand as Additional Rent.

Tenant’s Insurance. Tenant shall procure and maintain at all times during throughout the Term (a) “all risk” property insurance covering all present and future Tenant’s Property and Fixtures to of this Lease a limit policy of not less than the full replacement cost thereof, with an agreed amount endorsement, and (b) commercial general liability insurance, andat its sole cost and expense, if necessaryinsuring Tenant against all claims, commercial umbrella insurancedemands or actions arising out of or in connection with Tenant's use or occupancy of the premises, including a contractual liability endorsementin accordance with Paragraph 6.5 hereof, and personal injury liability coverage, to be written by insurance companies qualified to do business in respect of the Premises and state in which the conduct or operation of business thereinpremises are located, with a general policyholder rating of at least A- and a financial rating of at least VIII in the most current Best Insurance Report available at the time of execution of this Lease. Landlord and its Landlord's managing agent, if anyany and if requested by Landlord in writing, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, be listed as an additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (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 insured on such insurance shall not limit the liability of Tenantpolicy. Tenant shall deliver provide Landlord with a certificate of Tenant's insurance or a copy thereof as required above. Upon written request by Landlord, changes in the name of Landlord (or Landlord's managing agent) shall be reflected on such certificate. Such duly executed certificate of insurance shall be promptly delivered to Landlord on the date on which Tenant occupies the Leased Premises or any portion thereof and any additional insureds, renewal thereof as required shall be delivered to Landlord at least 10 seven (7) days prior to the Commencement Date, such fully paid-for policies or certificates expiration of insurance, in form reasonably satisfactory the respective policy terms. If Tenant fails to procure and provide to Landlord issued by the certificate of insurance company or its authorized agent. within the period specified hereinabove, Landlord shall have the option to procure the required insurances at the sole cost and expense of Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver reimburse to Landlord and any additional insureds the reasonable cost of such renewal policy insurances within thirty (30) days of the date of procurement thereof. Nothing in this Section 6.8 is or shall be deemed to constitute a certificate thereof at least 30 days before the expiration release or waiver by Landlord of any existing policy. All such policies shall be issued by companies claim(s) which Landlord might otherwise have against Tenant arising from the negligent or wrongful acts or omissions of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports Tenant or any successor publication officer, director, employee, agent, representative, contractor, invitee, licensee, or visitor of comparable standing as A/VIII or better or Tenant, it being the then equivalent sole and exclusive responsibility of such ratingTenant, hereby acknowledged, to secure sufficient insurance to safeguard Tenant against any and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestclaims.

Tenant’s Insurance. To maintain in full force from the date upon which Tenant shall maintain first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, commercial general liability insurance or comprehensive general liability insurance written on an occurrence basis with a broad form comprehensive liability endorsement under which Tenant is the named insured and Landlord and Landlord’s managing agent (and such persons as are in privity of estate with Landlord and Landlord’s managing agent as may be set out in notice from time to time) are named as additional insureds with limits which shall, at all times the commencement of the Term, be at least equal to those stated in Section 1.1 and from time to time 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, with an agreed amount endorsement, and (b) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agentshall be for such higher limits, if any, as are customarily carried in the Boston West Suburban Market with respect to similar properties or which may reasonably be required by Landlord, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to worker’s compensation insurance with statutory limits covering all of Tenant, as additional insureds, with limits of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there is a boiler, supplemental air conditioning unit or pressure object or similar equipment ’s employees working in the Premises, and to deposit with Landlord on or before the earlier of the date Tenant enters the Premises or the Commencement Date and 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, concurrent with limits of not less than the full replacement cost all renewals 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 certificates for such insurance shall not limit bearing the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to endorsement that 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same canwill not be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior canceled until after thirty (30) days’ written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord. In addition, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss Tenant hosts a function in the Premises, Tenant agrees to obtain and Tenant shall execute maintain, and deliver cause any persons or parties providing services for such function to obtain, the appropriate insurance coverages as determined by Landlord such proofs of loss (including liquor liability, if applicable) and other instruments which may be required to recover any such insurance moneys. provide Landlord may from time to time require that the amount with evidence of the same. All insurance required to be maintained by Tenant under pursuant to this Section 7.02 Lease shall be increasedmaintained with responsible companies qualified to do business, so that and in good standing, in the amount thereof adequately protects LandlordCommonwealth of Massachusetts and which have a rating of at least “A-” and are within a financial size category of not less than “Class VIII” in the most current Best’s interestKey Rating Guide or such similar rating as may be reasonably selected by Landlord if such Guide is no longer published.

Tenant’s Insurance. With respect to the Leased Premises, Tenant will keep in force at its own expense, so long as this Agreement remains in effect, Comprehensive General Liability insurance (providing among other coverages: Blanket Contractual, Personal Injury, Independent Contractors, Products/Completed Operations Hazard, Automobile Liability/Comprehensive Form and Employers Liability) with companies and in a form acceptable to Landlord with a minimum of One Million Dollars ($1,000,000.00) per Occurrence and Three Million Dollars ($3,000,000) Aggregate limit with any combination of general liability and umbrella liability coverage, naming both Landlord and Tenant as insured parties; and Tenant will further deposit the policy or policies of such insurance or certificates thereof, with Landlord. In addition, Tenant shall maintain at all times during (i)Workers' Compensation Insurance in statutory amounts and (ii) Commercial Property Insurance including special form perils endorsement, including an endorsement for the Term (a) “all risk” inclusion of back-up sewers or drains, insuring Tenant's property, including Tenant's Leasehold Improvements in excess of Landlord's Work, Tenant's signs, trade fixtures, furnishings, equipment, furniture, and other personal property insurance covering all present and future Tenant’s Property and Fixtures to a limit of not less than including plate glass, for the full replacement cost thereofvalue, without deduction for depreciation.. If Tenant shall not comply with an agreed amount endorsementits covenants made in this Section, Landlord may at its option, cause insurance as aforesaid to be issued, and in such event Tenant agrees to pay the premium for such insurance promptly upon Landlord's demand. A certificate of insurance with the aforementioned coverage must be issued not later than ten (b10) commercial general liability insurance, and, if necessary, commercial umbrella insurance, including a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or operation of business therein, with Landlord and its managing agent, if any, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished days prior to Tenant, as additional insuredsits agents or contractors entering the Leased Premises for occupancy or to prepare the Leased Premises for occupancy. Also, with limits whenever an insurance policy is renewed or a policy issued, Tenant shall immediately cause a "Certificate of not less than $5,000,000 combined single limit for bodily injury and property damage liability in any one occurrence and (c) boiler and machinery, if there Insurance" to be delivered to Landlord. If the permitted use is a boilermedical office, 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 Tenant shall have been furnished each independent practitioner endorsed on it's policy and covered with similar limits, or shall require each individual practitioner 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, carry his or her own insurance and (d) when Alterations are in process, the insurance specified in Section 4.02(f) hereof. The limits shall provide certificates of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, at least 10 days prior to before such practitioner may occupy 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLeased Premises.

Tenant’s Insurance. Effective as of the earlier of: (1) the date Tenant enters or occupies the Premises; or (2) the Commencement Date, and continuing throughout the Term, Tenant shall maintain at all times during the Term following insurance policies: (aA) “all risk” property commercial general liability insurance covering all present and future Tenant’s Property and Fixtures to a of not less than $3,000,000 per occurrence, with an annual aggregate limit of not less than $5,000,000, or, following the full replacement cost thereofexpiration of the initial Term, with an agreed amount endorsementsuch other amounts as Landlord may from time to time reasonably require (and, if the use and (b) occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability insurancepolicy [e.g., andthe 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 necessaryapplicable] in such amounts as Landlord may reasonably require), commercial umbrella insurance, including a contractual liability endorsementinsuring Tenant, and personal adding Landlord, Landlord’s Property Manager, Invesco and Harvest as additional insureds against all liability for injury liability coverage, in respect to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the conduct installation thereof) the installation, operation, maintenance, repair or removal of Tenant’s Off-Premises Equipment with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord); (B) if Tenant utilizes motor vehicles in the operation of its business thereinin the Premises, Automobile Liability covering any owned, non-owned, leased, rented or borrowed vehicles of Tenant with limits no less than $1,000,000 combined single limit for property damage and bodily injury; (C) All Risk Property insurance covering the full value of all Alterations in the Premises, naming Landlord and its managing agentLandlord’s Mortgagee (as defined in Section 12(a)) as additional loss payees as their interests may appear; (D) All Risk Property insurance covering the full value of all furniture, trade fixtures and personal property (including property of Tenant or others) in the Premises or otherwise placed in the Project by or on behalf of a Tenant Party (including Tenant’s Off-Premises Equipment) it being understood that no lack or inadequacy of insurance by Tenant shall in any event make Landlord subject to any claim by virtue of any theft of or loss or damage to any uninsured or inadequately insured property; (E) contractual liability insurance sufficient to cover Tenant’s indemnity obligations hereunder (but only if anysuch contractual liability insurance is not already included in Tenant’s commercial general liability insurance policy); (F) worker’s compensation insurance in amounts not less than statutorily required, and each Superior Lessor and Superior Mortgagee and any other applicable party whose name and address shall have been furnished to Tenant, as additional insureds, Employers’ Liability insurance with limits of not less than $5,000,000 combined single limit 1,000,000; (G) business interruption insurance in an amount that will reimburse Tenant for bodily injury loss of earnings attributable to all perils insured against under Section 11(a)(C) or attributable to the prevention of access to the Building or the Premises; (H) in the event Tenant performs any Alterations or repairs in, on or to the Premises and property damage liability for the duration of the construction of Alterations, Builder’s Risk Insurance on an All Risk basis on a completed value (non-reporting) form, or by endorsement including such coverage pursuant to Section 11(a)(C) hereinabove, for full replacement value covering all work incorporated in any one occurrence the Building and all materials and equipment in or about the Premises; and (cI) boiler such other insurance or any changes or endorsements to the insurance required herein, including increased limits of coverage, as Landlord, or any mortgagee or lessor of Landlord, may reasonably require from time to time so long as such types and machineryamounts are consistent with the types and amounts then being required by prudent, if there is a boilerinstitutional property owners of comparable office building projects in the same geographic area as the Project. Tenant’s insurance shall provide primary coverage to Landlord and shall not require contribution by any insurance maintained by Landlord, supplemental air conditioning unit or pressure object when any policy issued to Landlord provides duplicate or similar equipment coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy. Tenant shall furnish to Landlord certificates of such insurance, with an additional insured endorsement in form CG 20 26 11 85 (or another equivalent form approved in writing by Landlord), and such other evidence satisfactory to Landlord of the maintenance of all insurance coverages required hereunder at least ten (10) days prior to the earlier of the Commencement Date or the date Tenant enters or occupies the Premises, with Landlord and its managing agent, if anyat least fifteen (15) days prior to each renewal of said insurance, and Tenant shall reasonably attempt to obtain a written obligation on the part of each Superior Lessor insurance company to notify Landlord at least thirty (30) days before cancellation or a material change of any such insurance policies. All such insurance policies shall be in form, and Superior Mortgagee whose name issued by companies licensed to do business in the State of California and address shall have been furnished with a Best’s 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, following ten (10) days written notice to Tenant, as loss payees as their interests may appearin addition to any other remedy available pursuant to this Lease or otherwise, with may, but shall not be obligated to, obtain such insurance and Tenant shall pay to Landlord on demand the premium costs thereof, plus an administrative fee of fifteen percent (15%) of such cost. It is expressly understood and agreed that the foregoing minimum 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 coverage shall not limit the 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 its acts or certificates of insurance, omissions as provided 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 such policies shall be issued by companies 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 then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot be canceled, allowed to lapse or modified unless Landlord and any additional insureds are given at least 15 days prior written notice of such cancellation, lapse or modification. The proceeds of policies providing “all risk” property insurance of Tenant’s Property and Fixtures shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. Tenant shall cooperate with Landlord in connection with the collection of any insurance moneys that may be due in the event of loss and Tenant shall execute and deliver to Landlord such proofs of loss and other instruments which may be required to recover any such insurance moneys. Landlord may from time to time require that the amount of the insurance to be maintained by Tenant under this Section 7.02 be increased, so that the amount thereof adequately protects Landlord’s interestLease.