Common use of Policies Clause in Contracts

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All policies of insurance policies (the "POLICIES") required pursuant to Section 7.1.1 shall (i) be written issued by companies approved by Lender and licensed to do business in the State, with insurance companies a claims paying ability rating of "AA" or better by S&P (and shall be the equivalent by any other Rating Agency) and a rating of A:X or better in form reasonably satisfactory to Landlord. All insurance policies shall the current Best's Insurance Reports; (ii) name Landlord Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and loss payee a Lender's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest may appear and interest, including (A) endorsements providing that neither any Borrower, Lender nor any other party shall provide be a co-insurer under the Policies, (B) that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) Lender shall receive at least 30 days’ advance ' prior written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increasedmodification, Tenant shall furnish Landlord with evidence reduction or cancellation of Tenant’s compliance with such demand. Tenant may maintain any of the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and businesscommissions against Lender, provided that the coverages policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (viii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrowers shall pay the premiums for such Policies (the "INSURANCE PREMIUMS") as the same become due and payable and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Lender. If Borrowers do not furnish such evidence and receipts at least 30 days prior to the expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and pay the Insurance Premiums therefor, and Borrowers shall reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrowers shall deliver to Lender a certified copy of each Policy within 30 days after its effective date. Within 30 days after request by Lender, Borrowers shall obtain such increases in the amounts of coverage required under Section 9.1 are maintainedhereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Policies. All insurance policies Insurance required hereunder shall be written by companies rated AX or better in "Best's Insurance Guide" licensed to do business in the state in which the Premises are located and acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days of the expiration of such policies, furnished Landlord with renewals or "binders" thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this paragraph, Landlord may, but shall not be so increasedrequired to, Tenant shall furnish Landlord with evidence procure and maintain the same, but at the expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All Unless otherwise approved by Lender in writing in advance of placement, all policies of insurance policies (the "Policies") required pursuant to Section 7.1.1 shall (i) be issued by companies approved by Lender and licensed to do business in the State, with a claims paying ability rating of "A" or better by S&P, and a rating of A:X or better in the current Best's Insurance Reports; (ii) contain a waiver of subrogation against Lender; (iii) be assigned and the originals thereof delivered to Lender; (iv) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that neither Borrower, Lender nor any other party shall be written with insurance companies and a co-insurer under the Policies, (B) that Lender shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) receive at least 30 days’ advance ' prior written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increasedcancellation of any of the Policies, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain (C) an agreement whereby the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property insurer waives any right to claim any premiums and businesscommissions against Lender, provided that the coverages policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (v) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (vi) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Lender. If Borrower does not furnish such evidence and receipts at least 30 days prior to the expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and pay the Insurance Premiums therefor, and Borrower shall reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Within 30 days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required under Section 9.1 are maintainedhereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.

Policies. All policies of the insurance policies provided for in Section 12.01 shall be written with insurance companies and shall be issued in form reasonably satisfactory acceptable to LandlordLandlord by responsible insurance companies (with an AM Best rating of no less than A-, VIII) authorized to do business in the State of Virginia. All insurance policies Each and every such policy: (i) shall name Landlord Landlord, Tenant and any Mortgagee of Landlord, as an additional insured (or mortgagee, as applicable) as their respective interests may appear. In addition, the coverage described in Section 12.01 (ii) shall also name Tenant, Landlord and its Mortgagee as loss payee as its interest their respective interests may appear appear; (ii) shall be described as to coverage and shall provide that they may not be terminated or modified amounts in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits a certificate of insurance specified in this Article IX shall in no way limit from the appropriate insurance carrier delivered to Landlord on or diminish Tenant’s liability under prior to the Commencement Date of this Lease. Upon Tenant’s default in obtaining Certificates of insurance which evidence the continued, renewed or delivering the certificates for any such replaced insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof required hereunder shall be immediately paid procured by Tenant and delivered to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within within thirty (30) days after demand by Landlord prior to the expiration of such policies, describing coverage and amounts applicable under this Lease and as reflected in such policies; (iii) shall contain a provision that the minimum amount insurer will give to Landlord and such other parties in interest at least thirty (30) days notice in writing in advance of cancellation for non-payment of premiums; and (iv) shall be written as a primary policy which does not contribute to and is not in excess of coverage which Landlord may carry. Any insurance provided for in Section 12.01 may be maintained by means of a policy or policies of blanket insurance, covering additional items or locations or insureds, provided, however, that Landlord and any coverage other parties in interest as designated in this Lease shall be so increasednamed as an additional insured thereunder as their interests may appear, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain and the insurance required under requirements set forth in this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 12.01 are maintainedotherwise satisfied.

Policies. All such policies of insurance policies shall be written with insurance companies made out in the name of City, Tenant, and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord any Qualified Mortgagee, as an additional insured and loss payee as its interest their interests may appear appear, and shall provide that they the loss thereunder shall be payable to the Insurance Trustee. Duplicate copies of the policies, certified by the insurer to be true and complete, shall be delivered to the Insurance Trustee and be held by it as additional security for Tenant’s covenants and agreements herein contained. Duplicate copies of each such policy, certified by the insurer to be true and complete, shall also be delivered to City and to any Qualified Mortgagee. Tenant further covenants and agrees to pay the reasonable charges of the Insurance Trustee for its services hereunder. If Tenant shall at any time fail or neglect to comply with these covenants herein contained relating to the procuring or keeping of insurance, then City may, at its option, subject to the provisions of this Lease, insure the buildings and improvements on the Leased Premises and take out the insurance as herein provided. Any costs and expenses incurred by City in connection with procuring or maintaining any such insurance coverage shall be reimbursed to City by Tenant immediately upon demand as additional rent with interest at the Default Rate. If at any time the policies or any of them delivered to the Insurance Trustee shall not be in a company approved by City and any Qualified Mortgagee, Tenant shall replace such policies for other insurance approved by City and such Qualified Mortgagee, and in default of so doing, City or said Qualified Mortgagee may, at the option of either, replace any of said policies with other insurance approved by them and Tenant agrees to pay the premiums thereon promptly when notified of such change in insurance. Each policy of such insurance shall provide that the same may not be terminated cancelled or modified reduced in any way which would materially decrease the protection afforded Landlord under this Lease coverage without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, City and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence Qualified Mortgagee of Tenant’s compliance with such demand. Tenant may maintain leasehold interest in the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedLeased Premises.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and businessbusinesses, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall (i) be written with insurance companies and shall be authorized to do business in form reasonably satisfactory the State of Illinois, acceptable to Landlord. All insurance policies shall , with a minimum A.M. Best rating of A-VII; (ii) name Landlord and Landlord’s mortgagee, if any, as an additional insured and loss payee as its interest their respective interests may appear and shall contain an Additional Insured Endorsement CG2011 11 85 or its equivalent; (iii) state that the insurance is primary and that the insurer shall not be required to seek contribution from any other insurance available to additional insureds; (iv) provide that they said policies may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ days advance written notice to LandlordLandlord and its mortgagee, if any; (v) provide that Landlord and its mortgagee, if any, shall receive written notice of non payment of all insurance premiums due and have the right to cure such non payment within ten (10) days after the receipt of said written notice; (vi) provide defense expense in addition to the limit of liability stated in the policy and (vii) contain a waiver of subrogation endorsement. All policies Tenant shall also contain an endorsement that furnish to Landlord, although named as an additional insuredprior to the Commencement Date, shall nevertheless such insurance required to be entitled carried by Tenant, and thereafter at least fifteen (15) days prior to recover for damages caused by the negligence expiration of Tenant. The minimum limits each such policy, certificates of insurance for any required insurance. If Tenant fails to submit such policies or certificates to Landlord within the specified time, or otherwise fails to obtain and maintain insurance coverages in accordance with this Article IX, then Landlord, at Landlord’s sole option may, but shall not be obligated to, procure such insurance on behalf of, and at the expense of, the Tenant, and if Landlord exercises such right and expends any funds to obtain such insurance, Tenant shall reimburse Landlord for such amounts upon demand, and such amounts shall constitute Additional Rent. Such a failure by Tenant to procure and deliver insurance as required by this Article IX shall in no way limit or diminish constitute a default hereunder, and such default shall not be cured by Landlord’s election to procure insurance on Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedbehalf.

Policies. All Each such insurance policies shall policy shall: (a) be written with insurance companies provided in form, substance and shall be in form amounts (where not above stated) reasonably satisfactory to Landlord and to Landlord. All ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant to the extent applicable for such policy (provided that the amount of such insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and not be construed to limit the liability of Tenant hereunder); (c) shall provide that they may it is primary insurance, and not be terminated excess over or modified contributory with any other valid, existing and applicable insurance in any way which would materially decrease force for or on behalf of Landlord; and (d) provide that the protection afforded insurer will give Landlord under this Lease without thirty twenty (3020) days’ advance written notice prior to Landlordany cancellation (except in the event of cancellation for non-payment of premium for which ten (10) days’ prior written notice will be given). Tenant shall deliver either policies of such insurance or certificates of the insurance policies, as Tenant may elect, required to be maintained by Tenant hereunder to Landlord on or before the Commencement Date, and, thereafter, before the expiration dates of expiring policies. All policies such certificates for liability insurance shall also contain an endorsement provide that Landlord, although its Mortgagees and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, shall nevertheless be entitled or to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any timely deliver such insurance or Tenant’s failure to pay the charges thereforcertificates, Landlord may, at its option, on or after procure same for the tenth (10th) day after written notice thereof is given to account of Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty within five (305) days after demand by Landlord that the minimum amount delivery to Tenant of any coverage be so increased, Tenant shall furnish Landlord with evidence of bills therefor. Tenant’s compliance with such demand. Tenant may maintain the insurance required under provisions of this Section Article 9 as part of a blanket policy covering all of shall in no way limit Tenant’s property and business, provided that liability under any of the coverages required under Section 9.1 are maintainedother provisions of this Lease.

Policies. Tenant shall purchase, at its own expense, and keep in force at all times during this Lease the policies of insurance set forth below (collectively, “Tenant’s Policies”). All Tenant’s Policies shall (a) be issued by an insurance policies shall be written company with insurance companies a Best rating of A or better and otherwise reasonably acceptable to Landlord and shall be licensed to do business in form reasonably satisfactory the state in which the Premises is located; (b) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord; (c) provide for deductible amounts that are reasonably acceptable to Landlord (and its lender, if applicable); and (d) otherwise be in such form, and include such coverages, as Landlord may reasonably require provided the same are normally and customarily required by prudent owners of industrial property or their lenders. All insurance policies The Tenant’s Policies described in Sections 10.2(i) and 10.2(ii) below shall (1) provide coverage on an occurrence basis; (2) except as otherwise specifically provided below, name Landlord and First Industrial, L.P. (and Landlord’s lender, if applicable) as an additional insured and loss payee as its interest may appear and shall insureds; (3) provide that they may not be terminated or modified in any way which would materially decrease coverage, to the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlordextent insurable, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence indemnity obligations of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability Tenant under this Lease. Upon ; (4) contain a separation of insured parties provision (under Tenant’s default in obtaining commercial general or delivering the certificates for any such insurance or excess liability policy, but not under Tenant’s failure to pay the charges thereforcommercial property insurance policy); (5) be primary, not contributing with, and not in excess of, coverage that Landlord maymay carry; and (6) provide coverage with no exclusion for a pollution incident arising from a hostile fire. All Tenant’s Policies (or, at its Landlord’s option, on Certificates of Insurance and applicable endorsements, including, without limitation, an “Additional Insured-Managers or after Landlords of Premises” endorsement) shall be delivered to Landlord prior to the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies Commencement Date and the total cost and expense (including reasonable attorneys’ fees) renewals thereof shall be immediately paid by delivered to Landlord’s Corporate and Regional Notice Addresses at least 30 days prior to the applicable expiration date of each Tenant’s Policy. In the event that Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ thereforfails, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and time or from time to time, if to comply with the requirements of the preceding sentence, Landlord may (i) order such insurance and charge the cost thereof to Tenant, which amount shall reasonably deem same be payable by Tenant to be necessary Landlord upon demand, as Additional Rent or (ii) impose on Tenant, as Additional Rent, a monthly delinquency fee, for adequate protectioneach month during which Tenant fails to comply with the foregoing obligation, in an amount equal to three percent (3%) of the Base Rent then in effect. Within thirty (30) days after demand by Tenant shall give prompt notice to Landlord that the minimum amount and Agent of any coverage be so increasedbodily injury, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain death, personal injury, advertising injury or property damage occurring in and about the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedPremises.

Policies. All The insurance policies policy required to be obtained by Tenant under this Lease (i) shall be issued by an insurance company of recognized responsibility licensed to do business in the jurisdiction in which the Building is located with a rating of at least “A” and a financial rating of at least “Class X” (or such other rating as may be required by any lender having a lien on the Building) as set forth in the most recent edition of “Best Insurance Reports”, and (ii) shall be written as primary policy coverage and not contributing with or in excess of any coverage which Landlord may carry. Neither the issuance of any insurance companies and policy required under this Lease, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be in form reasonably satisfactory deemed to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated limit or modified restrict in any way which would materially decrease the protection afforded Landlord Tenant’s liability arising under or out of this Lease. With respect to each insurance policy required to be obtained by Tenant under this Section, on or before the Lease without Commencement Date, and at least seven (7) days before the expiration of any expiring policy or certificate previously furnished, Tenant shall deliver to Landlord a certificate of insurance therefor, together with evidence of payment of all applicable premiums. Each insurance policy required to be carried hereunder by or on behalf of Tenant shall provide (and any certificate evidencing the existence of each such insurance policy shall certify) that such insurance policy shall not be canceled unless Landlord shall have received thirty (30) days’ advance prior written notice of such cancellation. Any insurance required to Landlord. All be carried hereunder may be effected by a policy or policies of blanket insurance, covering additional items or locations; provided, however, that: (i) Landlord and any other parties in interest from time to time designated by Landlord to Tenant shall also contain an endorsement that Landlord, although be named as an additional insured, shall nevertheless be entitled to recover for damages caused by insureds and thereunder as its interests may appear; and (ii) the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for coverage afforded Landlord and any such insurance other parties in interest will not be reduced or Tenant’s failure to pay diminished by reason of the charges thereforuse of such blanket policy of insurance, Landlord may, at its option, on or after the tenth and (10thiii) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense shall specify therein (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, or Tenant shall furnish Landlord with evidence a written statement from the insurers under such policy specifying the same) the amount of the total insurance allocated to Tenant’s compliance with such demand. Tenant may maintain improvements and personal property in the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property Leased Premises; and business, provided that (iv) the coverages required under Section 9.1 requirements set forth herein are maintainedotherwise satisfied.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, certificates of insurance, and such other evidence of coverages required herein as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates for OF insurance FOR any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bbill ▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection▇refor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies Insurance required hereunder shall be written by companies rated A/X or better in "Best's Insurance Guide" licensed to do business in the state in which the Premises are located and acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or "binders" thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this paragraph, Landlord may, after five (5) days advance written notice to Tenant, but shall not be so increasedrequired to, procure and maintain the same, but at the expense of Tenant shall furnish (provided however that in the event the insurance would lapse within such five (5) day period, Landlord with evidence of Tenant’s compliance with such demand. Tenant may procure and maintain the insurance required under this Section 9 within such shorter period of time as part of may be necessary to prevent a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedlapse).

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the tie certificates for any such insurance or Tenant’s failure to pay the charges therefortherefore, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (‘including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefortherefore, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this tins Section 9 as part of a blanket policy covering all of Tenant’s property and businessbusinesses, provided that the coverages coverage required under Section 9.1 are maintained.

Policies. All insurance policies shall Each policy required to be written with insurance companies carried by Tenant hereunder and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) each renewal thereof shall be immediately paid issued by Tenant to Landlord an insurance carrier which is an “approved carrier” in the State of California having not less than a rating of A and a financial rating of not less than Class XI, as Additional Rent upon receipt of a b▇▇▇ thereforrated in the most recently published Best’s Insurance Guide, and any amount shall contain (A) a provision that it cannot so paid shall bear interest be cancelled or amended insofar as it relates to the Premises, without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after prior notice to Landlord and Landlord’s mortgagee(s), if any, and (B) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord, and that any and all coverage carried by Landlord is excess insurance. In addition, each such policy shall name Tenant, Landlord, Landlord’s mortgagee(s), if any and Landlord provides the name and address of such mortgagee to the carrier, and Landlord’s management agent, if any and Landlord provides the name address of such mortgagee to the carrier, as insureds, as their interests may appear. Certificates A duplicate original of all policies procured by Tenant in compliance with its obligation under this Section 14 (appropriately authenticated by the insurer) shall be delivered to Landlord at least thirty (30) days prior to the commencement of Tenant’s Work or otherwise upon demand by Landlord that Landlord, and thereafter, at least thirty (30) days prior to the minimum amount expiration of any coverage be so increasedsuch policy, provided, however, that if a duplicate original is not available thirty (30) days prior to commencement of Tenant’s Work, Tenant shall furnish Landlord with evidence a duplicate original of the insurance binder for such insurance together with an Additional Insured Endorsement, and provide Landlord with a duplicate original of the policy when such duplicate original first becomes available to Tenant (which shall, in all events, be not less than five (5) days prior to the commencement of Tenant’s compliance with such demandWork). Tenant may maintain In the insurance required under this Section 9 as part of a blanket policy covering all event of Tenant’s failure, in whole or in part, at any time during the Term hereof, to obtain insurance required to be carried by Tenant under the provisions hereof or to provide such evidence hereof in timely fashion, Landlord shall have the right (but shall not be obligated) upon ten (10) days written notice of its intent to do so, to procure such insurance and Tenant shall pay to Landlord the reasonable costs and expenses thereof together with an additional amount equal to ten percent (10%) thereof as an administrative fee. Subject to Landlord’s prior approval, Tenant may provide all or any of the property and businessinsurance required pursuant to this Section 14 by blanket policies covering all or a substantial number of Tenant’s locations, provided that Landlord’s coverage shall not be impaired or diminished thereby, subject to the coverages required under Section 9.1 are maintainedreceipt by Landlord of certified copies of the coverage sections for the Premises and Landlord’s approval thereof, not to be unreasonably withheld or delayed.

Policies. All insurance policies Insurance required hereunder shall be written by companies having a rating in “Best’s Insurance Guide” approved by Landlord, licensed to do business in the state in which the Premises are located and otherwise acceptable to Landlord and the holder of any mortgage or deed of trust on the Premises or any part or portion thereof. Tenant shall deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies No such policy shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance subject to reduction of coverage or other modification except after 30 days written notice to Landlord. All policies Tenant shall, within 10 days of the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges thereforamount of any loss sustained and (ii) an agreement by the insurer that such policy shall not be canceled without at least 30 days prior written notice by registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any provision of this paragraph, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenantbut shall not be required to, procure or pay and maintain the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ thereforsame, and any amount not so paid shall bear interest but at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. It is expressly understood and agreed that the foregoing minimum limits of insurance coverage shall not limit the liability of Tenant for its acts or omissions as provided in this Lease. All of the foregoing insurance policies (with the exception of Worker's Compensation Insurance to the extent not available under statutory law) shall name Landlord, any holder of a Mortgage, or any managing agent for the Building and such other parties as Landlord shall from time to time designate as an additional insured as their respective interests may appear, and shall provide that any loss shall be payable to Landlord and any other additional insured parties as their respective interests may appear. All insurance required hereunder shall be placed with companies which are rated A:XI or better by Best's Insurance Guide and licensed to do business in the state in which the Building is located. All such policies shall be written as primary policies not contributing with and not supplemental to the coverage that Landlord may carry, with deductibles not to exceed one-half of one percent (V2%) of the amount of coverage. Tenant shall deliver duplicate original copies of all such policies and all endorsements thereto, prior to the Commencement Date, or, in the case of renewals thereto, fifteen (15) days prior to the expiration of the prior insurance companies policy, together with evidence that such policies are fully paid for, and that no cancellation, material change or non-renewal thereof shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without effective except upon thirty (30) days’ advance ' prior written notice from the insurer to Landlord. All policies If Tenant shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled fail at any time to recover for damages caused by procure and/or maintain the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges thereforrequired herein, Landlord may, at its option, procure such insurance on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies 's behalf and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord payable upon demand, as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advancedRent. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand Payment by Landlord that the minimum amount of any coverage insurance premium or the carrying by Landlord of any such insurance policy shall not be so increased, deemed to waive or release the default of Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedrespect thereto.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or or, policies and the total cost and expense expense, (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increasedincreased reasonably based upon industry standards of owners of similar buildings, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty sixty (3060) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, prior to the date such insurance is first required to be carried by Tenant, and thereafter prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bbill ▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection▇refor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All policies of insurance policies required by this Lease shall be written maintained with insurance companies insurers licensed to conduct business in California with a Best's rating classification of not less than "A" (except with respect to worker's compensation ) and shall be in form otherwise reasonably satisfactory to LandlordLessor and shall contain a replacement cost endorsement and a waiver of subrogation rights by the insurer. All policies of insurance policies shall name Landlord as include an additional insured endorsement providing that any proceeds of the policy shall be payable to Lessor, or, with respect to liability insurance, to a third party, in accordance with the policy terms and loss payee as its interest may appear and notwithstanding any act or negligence of Lessee, and, if Lessee is the insuring party, shall provide contain an agreement by the insurer that they may such policy shall not be terminated amended or modified in any way which would materially decrease the protection afforded Landlord under this Lease cancelled without thirty (30) at least 30 days’ advance ' prior written notice to LandlordLessor (provided that Lessee shall exercise its best efforts to secure a 60 day notice period from each insurer and that a 10 day notice period of cancellation following nonpayment of premium shall be satisfactory). All Any policies containing a coinsurance clause shall also contain an include a replacement cost endorsement adequate to ensure that Landlordthe coinsurance clause is rendered inoperative. At Lessor's option, although named as an additional insured, shall nevertheless any insurance obtained by Lessor may be entitled to recover for damages caused part of a "blanket" policy maintained by the negligence of TenantLessor. The minimum limits insuring party shall deliver to the other party copies of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any policies of such insurance or Tenant’s failure to pay certificates evidencing the charges therefor, Landlord mayexistence and amounts of such insurance with loss payable clauses as required by this Paragraph 8. If Lessee is the insuring party Lessee shall, at its optionleast 30 days prior to the expiration of such policies, on furnish Lessor with renewals or after "binders" thereof, or Lessor may order such insurance and charge the tenth (10th) day after written notice cost thereof is given to TenantLessee, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof which amount shall be immediately paid payable by Tenant to Landlord as Additional Rent Lessee upon receipt of a b▇▇▇ therefor, and any amount demand. Lessee shall not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same do or permit to be necessary for adequate protection. Within thirty (30) days after demand by Landlord done anything that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain would invalidate the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedpolicies referred to in Paragraph 8.3.

Policies. Insurance required hereunder shall be by companies rated A-:X or better in “A.M. Best’s Insurance Guide”. Insurers shall be licensed or authorized to do business in the state in which the Premises are located. Tenant shall deliver to Landlord certificates evidencing the existence and amounts of the required insurance. Tenant shall, within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or “binders” thereof. Neither party shall not do or permit to be done anything which shall invalidate the insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it under this Paragraph and such failure continues after the expiration of any applicable notice and cure periods under this Lease or the expiration of the applicable policy (whichever is sooner), the Landlord may, but shall not be required to, procure and maintain the same, but at the expense of Tenant. THE INSURANCE REQUIREMENTS HEREIN ARE MINIMUM REQUIREMENTS FOR THIS CONTRACT AND IN NO WAY LIMIT THE INDEMNITY COVENANTS CONTAINED IN THIS LEASE. All insurance policies shall be written as primary policies, with insurance companies and deductibles not to exceed 10% of the amount of coverage. For purposes of the preceding sentence, the 10% shall be calculated based on the aggregate coverage under any applicable primary and umbrella policies. Any other policies, including any policy now or hereafter carried by Landlord or any lender, shall serve as excess coverage. In the event of any transfer by Landlord of Landlord’s interest in form reasonably satisfactory the Premises or any financing or refinancing of Landlord’s interest in the Premises, Tenant shall, upon not less than twenty (20) days’ prior written notice, deliver to Landlord. All Landlord or any lender providing such financing or refinancing, as the case may be, certificates of all insurance policies shall name Landlord required to be maintained by Tenant hereunder naming such transferee or such lender, as the case may be, as an additional named insured and or loss payee payee, as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease applicable, to the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named extent required herein effective as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any timesuch transfer, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedfinancing or refinancing.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. Landlord hereby approves The Chubb Insurance Group as Tenant's insurance carrier. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bbill ▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection▇refor. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All general liability insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All policies of insurance policies (the "Policies") required pursuant to Section 7.1.1 shall (i) be issued by companies approved by Lender and licensed to do business in the applicable State, with a claims paying ability rating of "AA" or better by Standard & Poor's Ratings Group; (ii) name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance) or an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Lender Clause and a Lender's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be written with insurance companies paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and duplicate originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under the Policies and that Lender shall receive at least 30 days' prior written notice of any modification, reduction or cancellation of any of the Policies; and (vii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the "Insurance Premiums") as the same become due and payable and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to LandlordLender. All insurance policies If Borrower does not furnish such evidence and receipts at least 30 days prior to the expiration of any expiring Policy, then Lender, after 10 days notice to Borrower, may, but shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified obligated to, procure such insurance and pay the Insurance Premiums therefor, and Borrower agrees to reimburse Lender for the cost of such Insurance Premiums promptly on demand. Borrower shall deliver to Lender a certified copy of each Policy within 30 days after its effective date. Within 30 days after request by Lender, Borrower shall obtain such increases in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlordamounts of coverage required hereunder as may be reasonably requested by Lender, although named as an additional insuredtaking into consideration changes in the value of money over time, shall nevertheless be entitled to recover for damages caused by changes in liability laws, changes in prudent customs and practices, and the negligence of Tenantlike. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord required hereunder may, at the option of Borrower, be effected by blanket or umbrella policies issued to Borrower and its optionaffiliates covering the Properties and properties owned by such affiliates, on provided that the policies otherwise comply with the provisions hereof and specifically allocate to each Property the coverages required hereby, without possibility of reduction or after coinsurance by reason of, or damage to, another premises named therein, and if the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for insurance required hereunder shall be effected by any such policy blanket or umbrella policies, Borrower shall furnish to Lender certified copies or duplicate originals of such policies and in place of the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid originals, with schedules thereto attached showing the amount of insurance afforded by Tenant such policies applicable to Landlord as Additional Rent upon receipt of a b▇▇▇ thereforeach Property, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any timein addition, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within within thirty (30) days after demand the filing thereof with any insurance ratemaking body, copies of the schedule of all improvements affected by Landlord that the minimum amount any such blanket or umbrella policy of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedinsurance.

Policies. All insurance policies shall be written with -------- insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon within five (5) days of the receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, after commencement of the third Lease Year of the term of this Lease, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written -------- with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or adversely modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s 's compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest their respective interests may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than five (5) days prior to the Commencement Date for the insurance required in Section 9.1.A. above and not less than fifteen (15) days prior to the date any additional insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct photocopies of all insurance policies required under this Section, together with any amendments and endorsements to such policies, certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates policy for any such insurance or Tenant’s 's failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a bbill ▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained▇refor.

Policies. All Tenant shall furnish to Landlord on the Commencement Date and thereafter within forty five (45) days prior to the expiration of each such policy, certificates of insurance policies shall be written with issued by the insurance companies and shall be in form reasonably satisfactory to Landlord. All carrier of each policy of insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord required under this Lease without showing applicable coverages. Each certificate shall expressly provide that such policies shall not be cancellable or subject to reduction of coverage or otherwise be subject to modification except after thirty (30) days’ advance ' prior written notice to the parties named as insureds herein and other certificate holders. At Landlord's request, Tenant shall deliver abstracts of such policies to Landlord and Landlord's designees holding an interest in the Leased Premises. Landlord, Landlord's successors and assigns and any designee of Landlord holding any interest in the Leased Premises, including the holder of any fee, interest or mortgage, shall be additional named insureds under each policy of insurance maintained by Tenant, except for workers' compensation insurance. All insurance policies carried by Tenant pursuant to this Article IX shall be issued by insurance companies with a rating of "Good" or better as rated in Best's Insurance Guide. Any deductible amounts under any insurance policies required hereunder shall be subject to Landlord's prior written approval if such deductibles would exceed One Hundred Thousand Dollars ($100,000.00) as to property hazard coverage, One Million Dollars ($1,000,000.00) as to liability coverage, and Ten Million Dollars ($10,000,000.00) as to earthquake. All policies shall also contain an endorsement that Landlordbe written to apply to LOT B property damage, although named personal injury and other covered loss, however occasioned, occurring during the policy term and shall be endorsed to add Landlord and any designee of Landlord having any interest in the Leased Premises as an additional insuredinsured (provided that such endorsement shall not include Landlord or its agents, shall nevertheless be entitled to recover employees or contractors as additional insureds for damages caused acts of negligence or willful misconduct by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s Landlord included within Landlord's liability under Paragraph 10.1 and excluded from Tenant's indemnity pursuant to Paragraph 10.2) and to provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. All such insurance shall provide for severability of interest; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. If Tenant shall fail to procure any insurance required under this Lease. Upon Tenant’s default in obtaining Lease or delivering to deliver the certificates for any such insurance or Tenant’s failure to pay the charges thereforpolicies required under this ▇▇▇▇▇▇▇▇▇ ▇.▇, Landlord ▇▇▇▇▇▇▇▇ may, at its optionoption and in addition to Landlord's other remedies in the event of a default by Tenant hereunder, on or after procure such insurance for the tenth (10th) day after written notice thereof is given to account of Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, on demand. Claims under all property insurance policies covering Landlord's buildings and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above Landlord's Improvements shall be adjusted with the insurance company or companies subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintainedLandlord's approval.

Policies. All Such insurance policies shall be written carried with a financially responsible insurance company or companies and shall be in form reasonably satisfactory to Landlord. All insurance Landlord (if the insurer A.M. Best Rating is A minus or better is will be satisfactory), and may be carried under a policy or policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated covering other property owned or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused controlled by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any provided that such policy or policies allocate to the property required to be insured by this Article an amount not less than the amount of insurance required to be carried by Tenant with respect thereto pursuant to this Article. Tenant shall furnish to Landlord such evidence as Landlord may require that the insurance referred to in this Article is in full force and effect and that the total cost premiums therefor have been paid, and expense (including reasonable attorneys’ fees) thereof all rental policies or certificates of insurance shall be immediately paid by Tenant delivered to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within less than thirty (30) days after demand by Landlord prior to the date of expiration of the then existing policy. Tenant agrees that such policies shall contain a provision that the minimum amount same may not be cancelled without at least thirty (30) days prior written notice being given by the insurer to Landlord, and the holder of any coverage mortgages on the Leased Premises. It is agreed that such insurance shall be so increasedcarried for the mutual benefit and protection of Landlord, Tenant, and the holder of any mortgages on the Leased Premises as their interests may appear. All monies collected from such insurance shall be applied on account of the obligation of Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demandto repair and/or rebuild the improvements on the Leased Premises pursuant to this Lease. Tenant may maintain The parties hereto agree that the policy or policies providing the insurance required which Tenant is obligated to maintain under the terms of this Section 9 Article may be made payable to the holder of any mortgages on the fee interest of the Leased Premises as part of its interests may appear under a blanket policy covering all of Tenant’s property and businessstandard mortgagee endorsement, provided such mortgagee(s) agrees that it will in the coverages required under Section 9.1 are maintainedevent of loss make the proceeds of such insurance available to Tenant during the course of reconstruction and repair upon presentation of material and labor bills for work completed and such other reasonable requirements of such mortgagee(s) so that such monies may be used by Tenant to pay for the costs of such repair and restoration work. If at any time there is no such mortgage, the insurance proceeds shall be escrowed with a title insurance company or another party acceptable to the Landlord and the Tenant, and disbursed to pay for the costs of such repair and restoration work.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All general liability insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ ' advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX Section shall in no way limit or diminish Tenant’s 's liability under this Lease. Tenant shall furnish to Landlord, not less than fifteen (15) days prior to the date such insurance is first required to be carried by Tenant, and thereafter at least fifteen (15) days prior to the expiration of each such policy, true and correct certificates of insurance, and such other evidence of coverages as Landlord may reasonably request, and evidence of payment of all premiums and other expenses owed in connection therewith. Upon Tenant’s 's default in obtaining or delivering the certificates for any such insurance or Tenant’s 's failure to pay the charges therefor, . Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ ' fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All insurance policies shall be written with insurance companies and shall be in form reasonably satisfactory to Landlord. All insurance policies shall name Landlord as an additional insured and loss payee as its interest may appear and shall provide that they may not be terminated or modified in any way which would materially decrease the protection afforded Landlord under this Lease without thirty (30) days’ advance written notice to Landlord. All policies shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused by the negligence of Tenant. The minimum limits of insurance specified in this Article IX shall in no way limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such insurance or Tenant’s failure to pay the charges therefor, Landlord may, at its option, on or after the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇▇ therefor, and any amount not so paid shall bear interest at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within thirty (30) days after demand by Landlord that the minimum amount of any coverage be so increased, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.

Policies. All Insurance required to be maintained by Tenant shall be by companies rated A VIII or better in Best’s Insurance Guide licensed to do business in Arizona and acceptable to Landlord. Tenant shall obtain, at its expense, endorsements to all insurance policies adding Landlord as additional insured and Tenant shall be written deliver to Landlord copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with insurance companies and shall be in form reasonably loss payable clauses satisfactory to Landlord. All insurance policies shall name Landlord be written as an additional insured and loss payee as its interest may appear primary policies, and shall provide that they any insurance which Landlord or Landlord’s lender may not carry is strictly excess, secondary and non-contributing with any insurance carried by Tenant. No such policy shall be terminated cancelable or modified in any way which would materially decrease the protection afforded Landlord under this Lease without subject to reduction of coverage or other modification except after thirty (30) days’ advance days written notice to Landlord. All policies Tenant shall, within ten (10) days of the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall also contain an endorsement that Landlord, although named as an additional insured, shall nevertheless be entitled to recover for damages caused payable by Tenant upon demand. Each such policy or certificate therefor issued by the negligence insurer shall to the extent obtainable contain (i) a provision that no act or omission of Tenant. The minimum limits Tenant which would otherwise result in forfeiture or reduction of the insurance specified in this Article IX therein provided shall in no way affect or limit or diminish Tenant’s liability under this Lease. Upon Tenant’s default in obtaining or delivering the certificates for any such obligation of the insurance or Tenant’s failure company to pay the charges therefor, Landlord may, at its option, on or after amount of any loss sustained and (ii) an agreement by the tenth (10th) day after written notice thereof is given to Tenant, procure or pay the charges for any insurer that such policy or policies and the total cost and expense (including reasonable attorneys’ fees) thereof shall not be immediately paid by Tenant to Landlord as Additional Rent upon receipt of a b▇▇▇ therefor, and any amount not so paid shall bear interest canceled without at the Default Interest Rate from the date advanced. Any minimum amount of coverage specified above shall be subject to increase at any time, and from time to time, if Landlord shall reasonably deem same to be necessary for adequate protection. Within least thirty (30) days after demand prior written notice by Landlord that registered mail to Landlord. Tenant shall not do or permit to be done anything which shall invalidate the minimum amount insurance policies referred to herein. If Tenant shall fail to procure and maintain any insurance required to be maintained by it by virtue of any coverage provision of this Section 10, Landlord may, but shall not be so increasedrequired to, Tenant shall furnish Landlord with evidence procure and maintain the same, at the expense of Tenant’s compliance with such demand. Tenant may maintain the insurance required under this Section 9 as part of a blanket policy covering all of Tenant’s property and business, provided that the coverages required under Section 9.1 are maintained.