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8.4 Lessee's Property; Business Interruption Insurance; Worker's Compensation Insurance.
<br />(a) Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal
<br />property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage
<br />with a deductible of not to exceed 51.000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the
<br />replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations.
<br />(b) -- --Business lriterruption.-Lessee-shah -obtain-and--o-in, tin -lose of ineerxe and eetra espease
<br />insurance is amounts as VAII o4niburse Lessee far }heat of indira<tlass eFearniags at:ribatable to all perils aaaimoalyirtsured agaiust
<br />kr pFaden lesxesia t x kusiness efLessee PF a tributable to pFeveativa 0 mess to thr PF miles asxtFesu4+ofseals perils.
<br />WorkeV,, C-ampensation Insarenee: Lessee sliall-obteia and ma'inktiff WodeeF'5 CortpensaHon
<br />trtsafanea in saeh aFaairat -a5 may -ba required 1ry-_4ppliaable Regairataenis. Sueh poliey shall inelude a 'Waiver of Su4nigation'
<br />endol, e. o tY1r. Leiiee Shall provide LCiis , vyhh a Eopy Elf Such eatWfseateat alen�- Nith the c_Ftirtz4te 4 iniuraaee OF eoft f4 M2 pdbH�
<br />required Paragraph F..3.
<br />(d) No Representation of Adequate Coverage. Lessor makes no represemation that the limits or hirm.,
<br />of coverage of insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this Lease.
<br />8.5 insurance Policies. Insurance required herein shall be by companies maintaining during the policy term a "General
<br />Policyholders Rating" of at least A- ViI, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may
<br />be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee
<br />shall, prior to the Stan Date, deliver to Lessor certified copies of policies or such insurance or certificates with copies of the required
<br />endorsements evidencing Elie existence and amounts of the required insurance. No such policy shall be cancelable or subject to
<br />modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies,
<br />furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and
<br />charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for a term of
<br />at least one year, or the length of the remaining term of this Lease, whichever is less. If either Party shall fail to procure and maintain
<br />the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same.
<br />8.6 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each hereby release and
<br />relieve the other, and waive their entire right to recover damages against the other, for loss oror damage to its property arising out oror
<br />incident to the perils required to be insured against herein. The effect ol'such releases and waivers -is not limited by the amount or
<br />insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage
<br />insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee. as the case may be, so long
<br />as the insurance is not invalidated thereby.
<br />8.7 Indemnity. Except for Lessor's gross negligence or willful misconduct, Lessee shall indemnity, protect, defend and
<br />hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, property manager, partners and Lenders, front and
<br />against any and all claims, loss of: rents and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expenses and/or
<br />liabilities arising out of, involving, or in connection with, due use and/or occupancy of the Premises by Lessee. irany action or proceeding
<br />is brought against Lessor by reason of any or the foregoing matters. Lessee shall upon notice defend the same at Lessee's expense by
<br />counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such derense. Lessor need not have first paid any
<br />such claim in order to be defended or indemnified.
<br />8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by
<br />Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances for: (i) injury or damage to the person or
<br />goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or
<br />about Elie Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air
<br />quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances,
<br />plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon
<br />the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages
<br />arising from any act or neglect of any other Lessee of Lessor or from the failure of Lessor or its agents to enforce the provisions crony
<br />Either lease in the Shopping Center, or (iii) injury to Lessee's business or for any loss or income or profit therefrom. Instead, it is intended
<br />that Lessee's sole recourse in the event of such damages or injury be to rile a claim on the insurance policy(ies) that Lessee is required
<br />to maintain pursuant to the provisions of Paragraph 8.
<br />9. Damage or Destruction.
<br />9.1 Definitions.
<br />(a) "Premises Partial Damage" shall mean damage or destruction to the improvements on the
<br />Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in 6 months or less from the
<br />date of the damage or destruction, and the cost thereof does not exceed a sum equal to 6 month's Base Rent. Lessor shall notify Lessee
<br />in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total.
<br />(b) "Premises Total Destruction" shall mean damage or destruction to the improvements on the
<br />Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6
<br />25E-13
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