Common use of Form of Policies Clause in Contracts

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A‑X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:-VIII in Best’s Insurance Guide (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), and (viiii) provide Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant hereby covenants that said insurer shall endeavor to provide written notice to Landlord and in the event of any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the non-renewal or cancellation of the policies of insurance required herein, Tenant shall provide Landlord with notice of such policycancellation immediately upon Tenant’s first becoming aware of such cancellation or non-renewal. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifiesreasonably specifies in writing, as an additional insured, insured as applicabletheir interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord, including Landlord’s managing agent, ground lessor and/or lender, if any; (ii) cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed permitted to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord; and (vi) . Tenant shall endeavor to cause said insurance to provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordand applicable endorsements, Landlord may, at its option (upon with notice to Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The All insurance required by Sections 12.1,12.2 and 12.3 shall be in such form (if ISO forms are used, the “Special” form should be used for those coverages for which it is available) and with such companies as shall be reasonably satisfactory to Owner provided that such company shall have a minimum limits Best rating of A- Class VIII, and shall comply with the requirements of any Mortgage and the Franchise Agreement. Insurance may be provided under blanket policies of insurance required on an agreed value basis with no co-insurance. All property insurance (including business interruption, extra expense and rental loss coverages) shall name Owner as insured, and so long as the Hotel is mortgaged pursuant to any Mortgage or otherwise shall be subject to a standard mortgagee clause in favor of Tenant the mortgagee or mortgagees. Operator shall not be an insured or loss payee under this Lease the property insurance, including business interruption coverage. With respect to the policies maintained under Section 12.1(b), (c) and (e) through (g) and 12.3, Owner and the Owner Indemnified Parties and Operator shall in no event limit be named as either additional or named insureds, at the liability option of Tenant under this Lease. Such insurance shall (i) name LandlordOwner, its subsidiaries and affiliates and any other party the Landlord so specifies, Operator will be named as an additional insured, as to the extent commercially feasible. Policies of insurance (to the extent applicable) shall (i) provide that the insurance company will have no right of subrogation against the mortgagee, including Landlord’s managing agentOwner, if any; Operator or any of their respective affiliated or subsidiary companies or the agents or employees thereof and (ii) cover provide that the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business proceeds thereof in the State event of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlordloss or damage shall, to the extent payable to any mortgagee, be payable notwithstanding any act of negligence or breach of warranty by Owner or Operator which might otherwise result in the forfeiture or nonpayment of such names are furnished insurance proceeds. The liability insurance policies shall provide that the insurance will be deemed primary for Operator’s indemnification obligations under this Agreement and that any other insurance available to Tenant prior Owner shall not be called upon by these policies to contribute to Liabilities indemnified by Operator. The insuring party shall deliver to the cancellation other party complete certified copies of such policy. Tenant shall deliver said policy or all of the insurance policies or certificates thereof obtained by the insuring party containing coverages required by this Agreement, including but not limited to Landlord on or before the earlier to occur of (A) the Lease Commencement Dateblanket and master policies, and (B) the date upon which Tenant is first provided access to the Premises, all amendments,renewals and replacements thereof at least ten five (105) business days before the expiration dates thereof. In Effective Date as to the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate that will be in effect on the Effective Date and within ten (10) days after written notice from Landlordreceipt in the case of any new policies, Landlord mayrenewal policies, at its option (upon notice replacement policies and amendments. If Operator has obtained any of the coverages and Owner elects to Tenant)obtain any of the required insurance, procure such policies for Operator shall cause the account coverage being replaced to be canceled without penalty and with a pro rata refund of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforany prepaid premiums.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, its property manager (if any) and any other party the Landlord so specifiesspecifies in writing, as an additional insuredinsured or loss payee, as applicable, including Landlord▇▇▇▇▇▇▇▇’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-: VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims for which Tenant is liable thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant, provided, however, only to the extent of liabilities covered by Tenant’s indemnity obligations pursuant to the terms of this Lease; and (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer . Tenant shall endeavor to promptly provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to cancellation received by Tenant prior to the cancellation of such policyfrom its insurer. Tenant shall deliver certificates of said policy or insurance policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, Date and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration within a reasonable period of time after renewal dates thereofof such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option option, after giving Tenant at least five (upon 5) business days prior written notice with ▇▇▇▇▇▇ thereafter failing to Tenant)procure such insurance, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant Tenants under this the Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), and (viiii) provide that said insurer Tenant shall endeavor not do or permit to provide be done anything which invalidates the required insurance policies. Such insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days notice for non-payment of premium) shall have been given by Tenant to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 16.1 shall in no event limit satisfy the liability of Tenant under this Lease. Such insurance shall following requirements: (i) the Commercial General Liability policy shall name LandlordLandlord and the Indemnitees as additional insureds, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; “All-Risks” property insurance policy shall name Landlord and the Indemnitees as loss payees, (iii) each policy shall be issued by an one or more responsible insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and companies licensed to do business in the State of North Carolina; California reasonably satisfactory to Landlord, (iv) be primary insurance as where applicable, each policy shall provide for deductible amounts satisfactory to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess not permit co-insurance, and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) each policy of “All-Risks” property insurance shall provide that said insurer the policy shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to not be invalidated should the extent such names are furnished to Tenant insured waive in writing prior to the cancellation a loss, any or all rights of recovery against any other party for losses covered by such policypolicies. Tenant shall deliver said policy or to Landlord, certificates of insurance (and at Landlord’s request, copies of all policies or certificates and renewals thereof to Landlord on or before be maintained by Tenant hereunder), prior to ▇▇▇▇▇▇’s entry into the earlier to occur of (A) the Lease Commencement Date, Premises and (B) the date upon which Tenant is first provided access prior to the Premisesexpiration date of each policy. Additionally, and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after provide Landlord written notice from Landlordof any cancellation or amendment of any such insurance within two (2) business days following Tenant’s knowledge of the same. If Tenant fails to carry the insurance required under this Article 16 or fails to provide certificates of renewal as and when required hereunder, Landlord may, at its option (upon notice but shall not be obligated to acquire such insurance on Tenant), procure such policies for the account of ’s behalf or Tenant, ’s sole cost and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforexpense.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A-/VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless twenty (20) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, Landlord’s mortgagee, Landlord’s property manager (if any) and any other party the Landlord so specifies, as an additional insuredinsured or loss payee, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII -X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaColorado; (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (viv) be in form and content reasonably acceptable to Landlord; and (viv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policyMortgagee. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. Further, Landlord shall have the right, from time to time, to request copies of policies of T▇▇▇▇▇’s insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant or its contractors, subcontractors, architects or engineers under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) as appropriate name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII -X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage materially changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to Landlord by the extent such names are furnished to Tenant prior to insurer or the cancellation of such policyTenant. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall shall: (i) be an occurrence policy (or policies); (ii) name Landlord, its subsidiaries the Building and affiliates Building manager or managers, and any other party having an interest in the Landlord so specifies, Building as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating General Policyholders Rating of not less than A:VIII B+ or better and a financial size of "VI" or better, as set forth in the most current issue of Best’s Insurance Guide or which is otherwise acceptable to Landlord 's Rating Guide, and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days prior written notice shall have been given to Landlord and any mortgagee of Landlord, 's; and (vi) with respect to the extent liability insurance described in Section 12.2.1, contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord. Any insurance policies required hereunder may be part of a blanket policy with a "per project, per location" endorsement so long as such names are furnished to Tenant prior to blanket policy contains all provisions required hereby and does not reduce the cancellation coverage, impair the rights of such policyeither party or negate the requirements of this Lease. Tenant shall deliver said policy or policies or certificates thereof thereof, together with any endorsements reflecting the changes to the policy required to comply with the requirements of this Lease, to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereofdate of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and appropriate endorsements, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof plus a ten percent (10%) handling charge shall be paid by Tenant to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease ​ Each policy referred to in 16.01 shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance Each policy shall (i) name LandlordLandlord and the Indemnitees as additional insureds (except Tenant’s property insurance for which Landlord will be named as a loss payee in respects to the Tenant Improvements which become part of the Building, its subsidiaries and affiliates Workers’ Compensation and any other party the Landlord so specifiesEmployers’ Liability Insurance), as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an one or more responsible insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and companies licensed to do business in the State of North Carolina; California reasonably satisfactory to Landlord, (iii) where applicable, provide for deductible amounts satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by Landlord is excess may not be canceled or amended without thirty (30) days’ prior written notice to the Landlord, and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) each policy of “All-Risks” property insurance shall provide that said insurer the policy shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to not be invalidated should the extent such names are furnished to Tenant insured waive in writing prior to the cancellation a loss, any or all rights of recovery against any other party for losses covered by such policypolicies. Tenant shall deliver said policy or to Landlord, certificates of insurance and at Landlord’s request, copies of all policies or certificates and renewals thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Datebe maintained by Tenant hereunder, and (B) the date upon which Tenant is first provided access to the Premises, and at least not less than ten (10) days before prior to the expiration dates thereofCommencement Date. In the event Tenant shall fail to procure such insurance, or use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all renewals of such policies or certificate within not less than ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice prior to Tenant), procure such policies for the account expiration date of Tenanteach policy, and in all events shall deliver such copies of such renewals prior to the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant expiration date of bills thereforeach policy.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of Improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3, and (viiii) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof of such insurance and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to approved in advance by Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits Any insurance policies carried in accordance with this §2.6 shall be written by companies of policies of insurance required of Tenant under this Lease recognized national standing rated "A-", Class X or better by A.M. Best Company and shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State state in which the Collateral is located. Such insurers shall be accorded a similar rating by another nationally recognized insurance rating agency of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably similar standing acceptable to Landlord; and (vi) provide that said insurer shall endeavor the Mortgagee if A.M. Best Company ceases to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration dates thereofrate insurers. In the event Tenant that an insurer meeting the requirements set forth above is subsequently downgraded so as to no longer meet such requirements, the Company shall fail have 60 days from the date of such downgrading to procure obtain insurance from an insurer rated at least "A-", Class X by A.M. Best Company. All premiums on such insurance shall be paid by the Company and the policies of such insurance (or certificates therefor) delivered to the Mortgagee. All such policies of insurance: (1) shall name the Mortgagee, the Banks, the Noteholders and each other holder of the Senior Secured Notes as additional insureds, as their interests may appear, (2) in the case of policies covering loss or damage to the Collateral, shall provide that losses, if any, shall be payable solely to the Mortgagee under a standard mortgage loss payable clause satisfactory to the Mortgagee, (3) shall provide that the Mortgagee's, the Banks' and the Noteholders' interests shall be insured regardless of any breach or violation by the Company of any warranties, declarations or conditions contained in such policies, (4) the insurers shall waive any right of subrogation of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of the Company, (5) such insurance, as to the interest of the Mortgagee, the Banks and/or the Noteholders, as the case may be, therein, shall not be invalidated by the use or operation of the Collateral for purposes which are not permitted by such policies, nor by any foreclosures or other proceedings relating to deliver the Collateral, nor by change in title to or ownership of the Collateral, (6) if any premium or installment is not paid when due, or if such policies insurance would lapse or certificate within ten be cancelled, terminated or changed for any reason whatsoever, the insurers will promptly notify the Mortgagee and any such lapse, cancellation, termination or change shall not be effective as to the Mortgagee, the Banks and/or the Noteholders, as the case may be, for 10 Business Days after receipt of such notice, and (107) days after written notice from Landlordappropriate certification shall be made to the Mortgagee by each insurer with respect thereto. The Company hereby authorizes the Mortgagee, Landlord mayupon the occurrence and during the continuation of any Event of Default hereunder, at its the Mortgagee's option (upon notice to Tenant)adjust, procure such policies for the account of Tenantcompromise and settle any losses under any insurance afforded, and the cost Company does hereby irrevocably constitute the Mortgagee, its officers, agents and attorneys, as its attorneys-in-fact, with full power and authority, upon the occurrence and during the continuation of any Event of Default hereunder, to effect such adjustment, compromise and/or settlement and to endorse any drafts drawn by an insurer of the Collateral or any part thereof and to do everything necessary to carry out such purposes and to receive and receipt for any unearned premiums due under policies of such insurance; but unless the Mortgagee elects to adjust, compromise or settle losses as aforesaid, such adjustment, compromise and/or settlement shall be paid made by the Company, subject to Landlord within five (5) days after delivery to Tenant final approval of bills thereforthe Mortgagee in the case of losses exceeding $5,000,000.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3, and (viiii) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof of such insurance and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or Tenant Parties first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover , shall be named as an additional insured under the liability assumed policies listed in Sections 10.3.1 and as a loss payee to the extent of its interest with respect to the insurance specified in Section 10.3.2, above. All insurance policies required to be maintained by Tenant under this Lease; shall (iiii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State Commonwealth of North CarolinaMassachusetts; (ivii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (viii) be in form and content reasonably acceptable to Landlord; and (viiv) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), and (viiii) provide that Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant shall not cause said insurer shall endeavor insurance to provide be canceled unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord (unless such cancellation is the result of non-payment of premiums, to the extent such names are furnished to Tenant prior to the cancellation of such policyin which case note less than five (5) days' notice shall be provided). Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five ten (510) business days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any,; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled unless thirty (30) days’ (ten (10) days in the event of nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or certificates of policies or certificates thereof required hereunder to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten (10) days before the expiration dates thereof. If either party fails to carry the amounts and types of insurance required to be carried by it pursuant to this Lease, such failure shall be deemed to be a covenant and agreement by such party to self-insure with respect to the type and amount of insurance which such party so failed to carry, with full waiver of subrogation with respect thereto. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option after delivery of five (upon 5) business days’ notice to Tenant), at Landlord’s option, procure such policies for the account of Tenant, and the reasonable cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 9.1 above shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance Each policy shall (i) name Landlord and Insignia ESG, Inc. (the property manager for the building as of the date hereof), and to the extent identified in writing by Landlord, its subsidiaries any different property manager for the building, the Mortgagee or ground lessor of Phase II of Seaport Centre and affiliates the leasing manager for the building and any other party the Landlord so specifiestheir respective directors, officers, agents and employees, as an additional insuredinsureds (except Workers' Compensation and Employers' Liability Insurance), as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an one or more responsible insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and companies licensed to do business in the State of North Carolina; California reasonably satisfactory to Landlord and rated A+ XV or better in Best's Insurance Guide, (iii) where applicable, provide for deductible amounts reasonably satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by may not be canceled or amended without thirty (30) days' prior written notice to the Landlord is excess (except as a result of nonpayment of premiums, for which ten (10) days' prior written notice shall be required) and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) each policy of "All-Risks" property insurance shall provide that said insurer the policy shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to not be invalidated should the extent such names are furnished to Tenant insured waive in writing prior to the cancellation a loss, any or all rights of recovery against any other party for losses covered by such policypolicies. Tenant shall deliver said policy or to Landlord certificates (reasonably satisfactory to Landlord) of insurance for all policies or certificates and renewals thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which be maintained by Tenant is first provided access hereunder prior to the Premises, Extension Commencement Date and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within not less than five (5) days prior to the expiration date of each policy. Further, within sixty (60) days after delivery Landlord's request for certified copies of any or all policies and renewals thereof to be maintained by Tenant of bills thereforhereunder, Tenant shall deliver to Landlord the requested certified copies.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifiesspecifies that has a material financial interest in the Project, as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under SECTION 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-:VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; and (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless ten (10) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate certificate, Landlord may, at its option, after written notice to Tenant and Tenant's failure to obtain such insurance within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant)thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant or its contractors, subcontractors, architects or engineers under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) as appropriate name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, IRVINE OAKS EXECUTIVE PARK [Kofax Image Products, Inc.] 36 including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII -X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage materially changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to Landlord by the extent such names are furnished to Tenant prior to insurer or the cancellation of such policyTenant. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five fifteen (515) days after delivery to Tenant of bills therefor. Landlord shall, in good faith, attempt to provide Tenant with notice of Landlord's exercise of the foregoing right, if any, within thirty (30) days following such exercise, provided, Landlord's failure to deliver such notice shall not affect Landlord's rights hereunder.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, its property manager (if any) and any other party the Landlord so specifiesspecifies in writing, as an additional insuredinsured or loss payee, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-:VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant, provided, however, only to the extent of liabilities covered by Tenant’s indemnity obligations pursuant to the terms of this Lease; and (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer . Tenant shall endeavor to promptly provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to cancellation received by Tenant prior to the cancellation of such policyfrom its insurer. Tenant shall deliver certificates of said policy or insurance policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, Date and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration within a reasonable period of time after renewal dates thereofof such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option option, after giving Tenant at least five (upon 5) business days prior written notice with Tenant thereafter failing to Tenant)procure such insurance, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:-VIII in Best’s Insurance Guide (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant shall notify Landlord as soon as reasonably possible, but in any mortgagee of Landlord, to the extent such names are furnished to Tenant event not less than thirty (30) days prior to the effective date of (a) any cancellation of such policyinsurance policies required hereunder, and/or (b) any change that results in a material change in coverage terms or limits of insurance policies required hereunder. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the applicable Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the Premisesapplicable Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor, which shall be accompanied by reasonable supporting documentation.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insuredinsured or loss payee, as applicable, including Landlord’s 's managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-:VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; and (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer . Tenant shall endeavor to promptly provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to cancellation received by Tenant prior to the cancellation of such policyfrom its insurer. Tenant shall deliver certificates of said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within certificate, and such failure continues for ten (10) days after written notice thereof from LandlordLandlord Tenant, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.. 792986.06/WLA 186772-00003/2-28-19/gjn/gjn -2▇- ▇▇▇▇▇▇▇ ▇▇▇▇ Development, LLC [285 East Grand Avenue] [Unity Biotechnology, Inc.]

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3, and (viiii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant shall provide that said insurer shall endeavor to provide written Landlord with prior notice to Landlord and of any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policycancelation or material change in coverage. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before the earlier to occur of (A) the Lease Insurance Commencement Date, and five (B5) business days after the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost Actual Cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in Section 16.1 shall in no event limit satisfy the liability of Tenant under this Lease. Such insurance shall following requirements: (i) the Commercial General Liability policy shall name LandlordLandlord and the Indemnitees as additional insureds, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; “All-Risks” property insurance policy shall name Landlord and the Indemnitees as loss payees, (iii) each policy shall be issued by an one or more responsible insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and companies licensed to do business in the State of North Carolina; California reasonably satisfactory to Landlord, (iv) be primary insurance as where applicable, each policy shall provide for deductible amounts satisfactory to all claims thereunder Landlord and provide that any insurance carried by Landlord is excess not permit co-insurance, and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) each policy of “All-Risks” property insurance shall provide that said insurer the policy shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to not be invalidated should the extent such names are furnished to Tenant insured waive in writing prior to the cancellation a loss, any or all rights of recovery against any other party for losses covered by such policypolicies. Tenant shall deliver said policy or to Landlord, certificates of insurance (and at Landlord’s request, copies of all policies or certificates and renewals thereof to Landlord on or before be maintained by Tenant hereunder), prior to T▇▇▇▇▇’s entry into the earlier to occur of (A) the Lease Commencement Date, Premises and (B) the date upon which Tenant is first provided access prior to the Premisesexpiration date of each policy. Additionally, and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after provide Landlord written notice from Landlordof any cancellation or amendment of any such insurance within two (2) business days following Tenant’s knowledge of the same. If Tenant fails to carry the insurance required under this Article 16 or fails to provide certificates of renewal as and when required hereunder, Landlord may, at its option (upon notice but shall not be obligated to acquire such insurance on Tenant), procure such policies for the account of ’s behalf or Tenant, ’s sole cost and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills thereforexpense.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than "A:VIII in Best’s Insurance Guide " or higher from ▇▇▇▇▇'▇ Investors Service, Inc. or Standard & Poor's Rating Service or their respective successors, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled (including, without limitation, for nonpayment of premium) or coverage changed (including, without limitation, increase in deductible, self-insurance or co-insurance) unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee Landlord Mortgagee, the identity of Landlord, to the extent such names are furnished whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver full copies of said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies, but in any event no less frequently than annually. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordand applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant)Tenant and ▇▇▇▇▇▇’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; and (viiii) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ (10 days for nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing, and (iv) with respect to the extent such names are insurance required in Sections 10.3.1 and 10.3.2 above have deductible amounts not exceeding Fifty Thousand Dollars ($50,000.00). Any insurance required of Tenant under this Lease may be furnished to by Tenant prior to the cancellation of under a blanket policy so long as and provided such policy: (a) strictly complies with all other terms and conditions contained in this Lease; and (b) contains an endorsement that with respect to commercial general liability insurance, identifies with specificity the particular address of the Premises as being covered under the blanket policy provides a minimum guaranteed coverage amount of Five Million Dollars ($5,000,000.00) per occurrence for the Premises. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant and Landlord under this Lease shall in no event limit the liability of Tenant or Landlord, respectively, under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X or a Fitch rating of not less than AA, or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5) with respect to Tenant or Section 10.7 with respect to Landlord; , (iii) neither Tenant nor Landlord shall do or permit to be done anything which invalidates their respective required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A- (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency) and licensed to do business are within a financial size category of not less than "Class VII" in the State of North Carolina; most current Best's Key Rating Guide (iv) be primary insurance as or to all claims thereunder and provide that any insurance carried by Landlord the extent Best's Key Rating Guide is excess and is non-contributing with any insurance required of Tenant; no longer available, then a similar rating from another comparable rating agency), (vii) be in a commercially reasonable form and content reasonably acceptable to Landlord; and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), and (viiii) neither party shall do or permit to be done anything which invalidates the required insurance policies. Tenant shall endeavor to cause said insurance to provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice (ten (10) days' in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies certificates and applicable endorsements or certificate within ten (10) days after written notice from Landlordpolicy excerpts, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within ten (10) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; California, and (viii) provide that said insurer comply with the requirements of Section 10.5 (including, Sections 10.5.1 through 10.5.5). Tenant shall endeavor not do or permit to provide be done anything which invalidates the required insurance policies, and Tenant shall give thirty (30) days' prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the in writing, before any cancellation of such policyor change in coverage with respect to said insurance. Tenant shall deliver said policy or certificates evidencing such policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Phase I Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter a Phase of the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) business days thereafter, procure such policies solely with respect to Tenant's insurance obligations required under this Lease for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifiesspecifies that has a material financial interest in the Project, as an additional insured, as applicable, including Landlord’s managing Land▇▇▇▇’▇ ▇anaging agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII -X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease Each policy referred to in 16.01 shall in no event limit satisfy the liability of Tenant under this Leasefollowing requirements. Such insurance Each policy shall (i) name LandlordLandlord and the Indemnitees as additional insureds (except Tenant’s property insurance for which Landlord will be named as a loss payee in respects to the Tenant Improvements which become part of the Building, its subsidiaries and affiliates Workers’ Compensation and any other party the Landlord so specifiesEmployers’ Liability Insurance), as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an one or more responsible insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and companies licensed to do business in the State of North Carolina; California reasonably satisfactory to Landlord, (iii) where applicable, provide for deductible amounts satisfactory to Landlord and not permit co-insurance, (iv) be primary insurance as to all claims thereunder and shall provide that any such insurance carried by Landlord is excess may not be canceled or amended without thirty (30) days’ prior written notice to the Landlord, and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) each policy of “All-Risks” property insurance shall provide that said insurer the policy shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to not be invalidated should the extent such names are furnished to Tenant insured waive in writing prior to the cancellation a loss, any or all rights of recovery against any other party for losses covered by such policypolicies. Tenant shall deliver said policy or to Landlord, certificates of insurance and at Landlord’s request, copies of all policies or certificates and renewals thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Datebe maintained by Tenant hereunder, and (B) the date upon which Tenant is first provided access to the Premises, and at least not less than ten (10) days before prior to the expiration dates thereofCommencement Date. In the event Tenant shall fail to procure such insurance, or use good faith commercially reasonable efforts to deliver to Landlord, certificates of insurance and at Landlord’s request, copies of all renewals of such policies or certificate within not less than ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice prior to Tenant), procure such policies for the account expiration date of Tenanteach policy, and in all events shall deliver such copies of such renewals prior to the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant expiration date of bills thereforeach policy.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured, as applicableinsured on the liability insurance, including Landlord’s 's managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A-:VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed authorized to do business in the State of North CarolinaCalifornia; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; . Tenant shall not cause said insurance to be canceled or coverage changed unless thirty (v30) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide days' prior written notice shall have been given to Landlord and any mortgagee of LandlordLandlord (unless such cancellation is the result of non-payment of premiums, to the extent such names are furnished to Tenant prior to the cancellation of such policyin which case not less than five (5) days' notice shall be provided). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten (10) days before the expiration renewal dates thereof. In the event Tenant shall fail to procure such insurance, or to ▇▇▇▇-▇▇▇▇-▇▇▇▇.7371310.00016/10-2-23/gjn/gjn -26- [Britannia Oyster Point][Pliant Therapeutics] deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless ten (10) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or certificates of such policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant each party under this Lease shall in no event limit the liability of Tenant such party under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -VII (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency) and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in a commercially reasonable form and content reasonably acceptable and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) neither party shall do or permit to Landlord; and be done anything which invalidates the required insurance policies. If such policies of insurance do not contain a provision that the company writing said policy will give Landlord ten (vi10) days written notice in the event of non-payment of premium, then Tenant shall provide that said insurer shall endeavor to provide such written notice to Landlord and any mortgagee of Landlord, to the extent within such names are furnished to Tenant prior to the cancellation of such policyten (10) day period. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies certificates, and applicable endorsements or certificate within ten (10) days after written notice from Landlordpolicy excerpts, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within ten (10) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A‑X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; Washington, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:-VIII in Best’s Insurance Guide (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver certificates of said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in commercially reasonable form and content reasonably acceptable and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to Landlord; be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Landlord or Tenant under this Lease. Such insurance shall (i) in the case of Tenant's commercial general liability insurance, name Landlord, its subsidiaries and affiliates Landlord (and any other party the Landlord so specifiesspecified by Landlord), as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) in the case of Tenant's commercial general liability insurance, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease subject to the terms and conditions of the policies; (iii) be issued by an insurance company having a rating of not less than A:VIII -VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) in the case of Tenant's commercial general liability insurance, be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless 30 days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement DateDate and upon renewal thereof. Further, and (B) Landlord shall have the date upon right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which Tenant is first provided access to the Premises, and at least shall thereafter provide within ten (10) days before the expiration dates thereofdays. In the event If Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 30 days after delivery to Tenant of bills therefortherefor pursuant to Section 26.2.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to LandlordLandlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, (iv) be accompanied by an ▇▇▇▇▇ Certificate of Liability Insurance or its substantial equivalent, naming Landlord as a Certificate Holder and listing Landlord as an additional or included insured, and allowing for thirty (30) days in the event of cancellation; and (viv) provide that said insurer shall endeavor to provide written notice to be accompanied by an ▇▇▇▇▇ Evidence of Property insurance or its substantial equivalent, naming Landlord and any (or, should the Landlord direct, its mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policyas well) as an Additional Interest. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of All insurance policies of insurance required of Tenant to be carried under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iiia) be issued written by an insurance company having a rating of not less than companies rated A:VIII -VII or better in “Best’s Insurance Guide or which is otherwise acceptable to Landlord Guide” and licensed authorized to do business in the State of North Carolina; California, and (ivb) be primary insurance as to all claims thereunder and provide that name any insurance carried parties with an insurable interest designated by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policyas additional insureds. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Term Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thereafter within ten (10) days before of policy expiration, certified copies of its insurance policies, or a certificate evidencing the expiration dates thereof. In same issued by the insurer thereunder, and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates, Landlord may, at its option (upon Tenant’s failure to procure such insurance or to deliver such policies or certificates within fifteen (15) days following receipt of notice thereof from Landlord) and in addition to Tenant)Landlord’s other remedies in the Event of Default by Tenant hereunder, procure such policies the same for the account of Tenant, and the cost thereof shall be paid to Landlord within five as Allocated Cost. Any insurance provided for in Sections 5.1 and 5.3 may be maintained by means of a policy or policies of blanket insurance, covering additional items or locations or insureds, provided, however, that: (5a) days after delivery Landlord and any other parties in interest from time to time designated by Landlord to Tenant shall be named as an additional insured thereunder as its interest may appear; (b) the coverage afforded Landlord and any such other parties in interest will not be reduced or diminished by reason of bills thereforthe use of such blanket policy of insurance; (c) any such policy or policies shall specify therein (or Tenant shall furnish Landlord with a written statement from the insurers under such policy specifying) the amount of the total insurance allocated to the Tenant’s improvements and property; and (d) the requirements set forth in this Article 5 are otherwise satisfied.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless Tenant provides thirty (30) days’ prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates affiliates, its property manager (if any) and any other party the Landlord so specifies, as an -25- HCP, INC. Sorrento Gateway[Sorrento Therapeutics, Inc.] additional insured, as applicable, including Landlord’s managing agentagent (but only with regard to commercial liability and general property insurance), if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII IX in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to Landlord (unless such cancellation is the extent such names are furnished to Tenant prior to the cancellation result of such policynon-payment of premiums). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if anyany (for liability policies only); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII A- VII in A.M. Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable . Tenant shall endeavor to Landlord; and (vi) cause such policies to provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice (or ten (10) days in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier Tranche I Commencement Date and prior to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten certificate, and such failure continues for more than five (105) business days after written notice from Landlordnotice, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; Washington, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -VII (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in a commercially reasonable form and content reasonably acceptable and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) neither party shall do or permit to Landlord; and (vi) be done anything which invalidates the required insurance policies. Tenant shall endeavor to cause said insurance to provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies certificates and applicable endorsements or certificate within ten (10) days after written notice from Landlordpolicy excerpts, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within ten (10) business days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five thirty (530) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the their respective liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide A‑X (or which is otherwise acceptable to Landlord the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to Landlord; be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to (provided that such notice shall not be necessary for the extent such names are furnished to Tenant prior to the cancellation expiration of such policypolicies or any cancellation for non-payment of related premiums). Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)'s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) days before five (5) Business Days after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance (a) Each policy required of Tenant under this Lease pursuant to Section 9.01 shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (v) be in form and content reasonably with insurers acceptable to Landlord; the Landlord any Mortgage and any other Persons with an interest in the Building. The insurance described in Subsections 9.01 (a) and (vib) provide that said insurer shall endeavor name as loss payee the Landlord and anyone else with an interest in the Building from time to provide written notice to time designated in writing by the Landlord. The insurance described in Subsections 9.01(c) and (d) shall name as an additional named insured the Landlord and any mortgagee other Persons with an interest in the Building from time to time designated in writing by the Landlord. All property damage and liability insurance shall contain provisions for cross-liability and severability of Landlordinterests as between the Landlord and the Tenant. Each policy maintained pursuant to Subsections 9.01(a), (b), (c) and (d) shall contain a waiver of any rights of subrogation which the insurer may have against the Landlord and those for whom the Landlord is in law responsible whether the damage is caused by the act, omission or negligence of the Landlord or such other Persons. (b) The insurance described in Subsections 9.01(a) and (b) shall provide that any proceeds recoverable in the event of damage to Leasehold Improvements shall be payable to the extent Landlord. The Landlord agrees to make available such names are furnished proceeds toward repair or replacement of the insured property if this Lease is not terminated pursuant to any other provision of this Lease. (c) Each policy required pursuant to Section 9.01 shall provide that the insurer must notify the Landlord and any Mortgagee in writing at least thirty (30) days prior to any material change or cancellation thereof and that the policy shall not be invalidated in respect of the interests of the Landlord and any Mortgagee by reason of any breach or violation of any warranties, representations, declarations or conditions contained in such policies, and the policy will be considered as primary insurance and shall not call into contribution any other insurance that may be available to the Landlord. (d) The Tenant shall furnish to the Landlord any Mortgagee and any other Persons with an interest in the Building, prior to the cancellation commencement of the Term, evidence satisfactory to the Landlord, Mortgagee or other Persons that each policy required by Section 9.01 has been obtained, The Tenant shall provide written evidence of the continuation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least not less than ten (10) days before prior to their respective expiry dates. Upon request of the expiration dates thereof. In Landlord, the event Tenant shall fail to procure provide certified copies of all such insurance, policies. The cost or to deliver premium for each and every such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant), procure such policies for the account of Tenant, and the cost thereof policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance the Landlord within five (5) days after delivery shall have the right, but not the obligation, to do so, and to pay the cost or premium therefor, and in such event the Tenant of bills thereforshall repay to the Landlord, as Additional Rent, forthwith on demand the amount so paid.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or’ agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless Tenant provides thirty (30) days prior written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance required of Tenant may be subject to standard deductibles. All insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; and (ii) provide that said insurance shall not be canceled or coverage changed in a manner which may be adverse to Landlord unless ten (10) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord of which Tenant has at least ten (10) days’ prior notice. In addition, the insurance described in Section 7.3.1 shall (a) name Landlord, and any other party related to the Project specified by Landlord, as an additional insured; (ivb) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of this Lease; and (c) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or all policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, Date and (B) the date upon which Tenant is first provided access to the Premises, and at least ten (10) days proof of continuation of coverage before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option option, (i) deny Tenant the right to occupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), or (ii) upon at least ten (10) days’ prior notice to Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:-VIII in Best’s Insurance Guide (or to the extent AM Best ratings are no longer available, then a similar rating from another comparable rating agency), or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.5), (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, the identity of whom has been provided to Tenant in writing. To the extent such names are furnished to Tenant prior to not already provided under the cancellation of such policy. Existing Sublease, Tenant shall deliver certificates of said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.. -29- ▇▇▇▇▇▇ REALTY ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Inc.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall shall, by endorsement, (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifiesspecifies that has a material financial interest in the Building, as an additional insured, as applicable, including Landlord’s 's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A:VIII -X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, Date and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Landlord and Tenant under this Lease. Such All insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a rating of not less than A:A- VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of North CarolinaCalifornia; and (ii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to the other party and any mortgagee or ground or underlying lessor of Landlord. In addition, the insurance described in Section 7.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (ivb) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance carried required by Landlord is excess and is non-contributing with any insurance required requirement of Tenant; and (vd) be in form and content reasonably contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vi) provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur upon execution of (A) the this Lease Commencement Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least ten thirty (1030) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificate, Landlord may, at its option (upon notice to Tenant)option, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within five fifteen (515) days after delivery to Tenant of bills therefor.

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies, as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company having a an AM Best rating of not less than A:VIII in Best’s Insurance Guide -X, or which is otherwise acceptable to Landlord and licensed to do business in the State of North Carolina; California, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance required of Tenant; (vii) be in form and content reasonably acceptable to Landlord; Landlord and complying with the requirements of Section 10.3 (including, Sections 10.3.1 through 10.3.6). (iii) Tenant shall not do or permit to be done anything which invalidates the required insurance policies, and (viiv) provide that said insurer insurance shall endeavor to provide not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord, to the extent such names are furnished identity of whom has been provided to Tenant prior to the cancellation of such policyin writing. Tenant shall deliver said policy or policies or certificates thereof and applicable endorsements which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of of: (Ax) the Lease Commencement Date, and (By) the date upon which Tenant is and/or its employees, contractors and/or agents first provided access to enter the PremisesPremises for occupancy, construction of improvements, alterations, or any other move-in activities, and at least ten (10II) five (5) business days before after the expiration dates thereofrenewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate within ten (10) days after written notice from Landlordcertificates and applicable endorsements, Landlord may, at its option (upon option, after written notice to Tenant and Tenant)’s failure to obtain such insurance within five (5) days thereafter, procure such policies for the account of TenantTenant and the sole benefit of Landlord, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor.