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certlHotes with Copies of the required endorsements evidencing the extstersco and amounts of the required Insurance. No such policy shall be cancelable or subject
<br />to modlficadon except alter 30days prior written nodce to Lessor. Lessee shall, at least lOdays prior to the expiration of such policies, furnish leaser with evidence of
<br />renewals or'Imurance hinders' evidencing renewal thereof, or Lessor may Increase his liabilityInsunnn coverage and charge the cost themof to Lessee, which
<br />amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for atom of at leas) one year, or IhelenBth of the remaining term of this lease,
<br />whichever Is less. If either Party shall (all to procure and maintain the Insurance required to be carried by It, the other Party may, but shall not be required to, procure
<br />and maintain the same.
<br />8.6 Welver of Substation. Without affecting any other rights or remedies, Le rise and Lessor each hereby release and re8eve the other, and waive their surmise
<br />right to recover damages against the other, for loss of or damage to Its property arising out of or Incident to the perils required to be Insured against heroin. The
<br />effect of such releases and waivers is not limited by the amount of Insurance carried or required, or by any deductibles applicable hereto. The games agree to have
<br />their respective property damage Insurance carriers waive any right to subrogation that such companies may have against lessor or Lessee, as the case may be, so
<br />long as the Insurance H not Invalidated thereby.
<br />8.7 Indemnity. Except for Lessor's grosJ negligence or wlllful misconduct lessee shall indemnity protect, defend and hold harmless the Premises, Lessor and
<br />its agents, Leswh's roaster or ground lessor, partners and Lenders, from and against any and all claims, foss or rents and/or damages, liens, judgments, penalties,
<br />attorneys' and consultants' fees, expenses and/or liabilities wising out of, Involving, or In connection with, a Breach of the Lease by lessee and/or the use and/or
<br />OCCUR ncy of the Premises and/or Project by Lessee and/or by Lessees employees, ton tractors or inyhees. It airy action or proceeding Is brought against lessor by
<br />reason of am of the foregoing malted, Lessee shall upon notice dOle rid the some al Lessee's expense by Counsel feawnabty sallsfactary to Lessor and Lessor shell
<br />Coupe rale with Less" In such defense, lessor need not have tint paid any such cbim In order to be defended of IndemNRed.
<br />B.8 Exemption of Lessor and its Agents from Ushifhy. Notwithstanding the negligence or breach of this Lease by Lessor or Issagents, neither Lessor nor Its
<br />agents shall be liable under any Circumstances for. (0 Injury or damage to the person or goods, wares, merchandise or other property of lessee, Lessee's employees,
<br />contractors, Invitees, customers, or any other person In or about the Premises, whether such damage or Injury Is Caused by of results from Rise, steam, electricity, gas,
<br />water or rain, indoor air qualitg the presence of maid or from the breakage, leakage, obstruction or other defects of pipes, RIO sprinklers, wires, appliances, plumbing,
<br />HVAC or lighting Rxteres, or from any other note, whether the said Injury or damage results from conditions arising upon the Premises or upon other pardons of the
<br />building of which the Premises are a pan, or from other sources or places, pl) any damagesaming from any ad or neglect of any other tenant of Lessor or from the
<br />failure Of Lessor a Its agents to enforce the pwlslons of airy other lease In the Project, or 1111) Injury to Lessee's business or for any lossof income or front therefrom.
<br />Instead, It Is intended that Lessee's sole recourse In the event of such damages or Injury be to file a claim on the Insurance pallcy(ies) that Lessee Is required to
<br />maintain pursuant to the provisions of paragraph 8,
<br />19 Falls re to Provide Insurance. Lessee acknowledgesthat Any fallure on its pan to obtain or maintain the Insurance required herein will expote Lessor to
<br />risks and potentially Cause Lessor to Incur costs not Contemplated by this lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month
<br />or portion thereof that Lessee does not maintain the required Imurance and/or does not provlde Lessor with the required binders or certificates evidencing the
<br />existence of the required insurance after notice and resaonable opportunity to cure, Lessee shall pay to Lessor a fee
<br />of $500 eaeMH agaaaeaem
<br />�. The parties agree that such fee -Inueasa.'All ata Rewa represents fair and reasonable compensallon for the additional riskfcosts that
<br />Lessor will incur by reason o(Lessee's failure to maintain the required insurance, Such Increase In Base Rent shall In no Went constitute a waiver of Lessee's Default
<br />or breach with respect to the failure ton Intaln such Insurance, prevent the exerdse of any of the other fight&and remedies granted hanunde, nor sellers Lessee of
<br />its obligation to maintain the Insurance specified in this Lease.
<br />9. Damage or Destruction.
<br />9.1 Definldons.
<br />lal "Premass Partial Damage shall mean damage or destruction to the hnpeavememson the Premises, other than Lessee Owned Alteratlonsand VURty
<br />Installations, which can reasonably be repalred in 6 months or less from the date of the damage of destruction. Lessor shall notify lessee In wrmng within 30 days
<br />from the date of the damage or destruction as to whether Or not the damage Is Partial or Total.
<br />(of "PremisesTotal Destruction* shall mean damage or destruction to the Premises, other than Lessee Owned Alteduons and Utility, installations and
<br />Trade Futures, which cannot reasonably be repaired In 6 months or loss from the date or the damage or destruction. Lessor shall nably lessee In writing within 30
<br />days from the dale of the damage oraeslrudlon as to whether or not the damage Is Partial or total.
<br />(t) "Insured Coss" shall mean damage or destruction to Improvements on the Premises, other than lessee Owned Alterations and Utility lnsalladom and
<br />Trade Futures, which was Caused by an event required to be covered by the Insurance tie stilted In Paragraph 8.310), Inespecliveof any deductible amounts of
<br />coverage limits involved.
<br />(d) "RepiacemenlCost" shall mean the costte repair or rebuild the Improvements owned by Lessor at the time of the occurrence to their condition
<br />existing Immediately prior hereto, Including demOlibon, debris mmovaland upgrading required by the operation of AppRable Requirements, and without deduction
<br />fordepreclatiom
<br />(e) "Harerdous Substance Eondtion"shag mean the Occurrence or discovery are Condition involving the presence of, are contamination by,a
<br />Hazardous Substance, In, on, or under the Premises which requires mnotation .
<br />9.2 Partial Damage - insured Loss, If Premises Partial Damage that is an Insured Loss occurs, then Lessor shalt at Lessor's expense, repair such damage thus
<br />not Lessee's trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this lease shall continue In full bane and effect;
<br />provided, however, that Lessee shall, at lessor's election, make the repalr of any damage or destruction the total cost to repair of which Is $10,000or less, and, In such
<br />event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing. If the requlred
<br />Insuance was not In fora or the insurance proceeds are not sufficient to effect such repair, the Insuring Parry shall promptly Contribute the shortage in proceeds
<br />(except as to the dedutdble which is Lotme smiponsh illty) as and when requited to complete said repairs. In the event, however, such shortage was due to the fact
<br />that, by reason of the unlque msum of the Improvements, full replacement cost Insurance avenge was not commercially reasonable and avalable, esmr shall have
<br />no obligation to pay fa the shortage In Insurance protoeds or to fully restore the unique aspects of she Premises unless Lessee provides Lessor with the funds to cover
<br />same, of adequate assurence thereof, wlthlo 10 days following receipt of written nodce of such shortage and request therefor. If Lessor receives said funds or
<br />adequate assurance thereof within said 10 day period, the party responsible for making the repairs %hall complete them as soon as reasons* possible and this Lease
<br />shot remain In full force and effect. If such funds of assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days theme her
<br />to: (1) make such restoration and repair as Is commercially reasonable with Lessor paying any shortage In proceeds, In which Can this tease shall amain In full force
<br />and effact, or(0) hero this Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement ofany funds contributed by Lessen to repair any such
<br />damage or destruction. Prembes Partial Damage due to flood or earthquake shall be subject to Paragraph 93, notwithstanding that there maybe some Insurance
<br />sv. e, but the net proceeds of any such Insurance shall be made available for the repairs Iffmade by either Party.
<br />INITIALS
<br />0 2019 AIR CRE. All Rights Reserved. Last Edited: 2125/20219:53 AM
<br />STN-27.30, Revised 11.25.2019 Page 7 of 16
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