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additional 180 days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision in lieu of any
<br />coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee,
<br />for the next 12 month period.
<br />(c) Adjacent Premises. Lessee shall pay for any increase in the premiums for the property insurance
<br />of the Building and for the Common Areas or other buildings in the Shopping Center if said increase is caused by Lessee's acts,
<br />omissions, use eF aeoupaney of the n,.e,,, •&es
<br />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
<br />personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement
<br />cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee
<br />for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations.
<br />itistiranee in anieunts as will roiniburse T�essee fef difeet or indireet less of earnings attr-ibutable te all perils eemmanly insured agains
<br />by prud@nt lessees in the business of Lessee E)r aftributable to provention of aeoess to the PFemiser, as a result of suGh (b) Business Interruption. Lessee shall obtain and maintain less of ineeme-and extFft er�penae
<br />(e) Mlor-kers Compensation insurnitee. Lessee shall obtain and maintain Warkef's Compensatioig
<br />insufanee iR stiek ametint as may be required by Applieable Requivenients, SuGh poWy shall include a 'Waiver of Sub
<br />endopsement, Lessee shall pFovide bessep with a eepy of siieh endorsement aleng with the eertifiea4e of insuFanee or eepy-of-the
<br />(d) No Representation of Adequate Coverage. Lessor makes no representation that the limits or
<br />forms of coverage of insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this
<br />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 Start Date, deliver to Lessor certified copies of policies of such insurance or certificates with copies of the required
<br />endorsements evidencing the 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
<br />of 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
<br />maintain 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 of or damage to its property arising out of
<br />or incident to the perils required to be insured against herein. The effect of such releases and waivers is not limited by the amount of
<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 indemnify, protect, defend and
<br />hold harmless the Promises, Lessor and its agents, Lessor's master or ground lessor, property manager, partners and Lenders, from 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, the use and/or occupancy of the Premises by Lessee. If any action or
<br />proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's
<br />expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have
<br />first paid any 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
<br />by 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 the 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 frorn the failure of Lessor or its agents to enforce the provisions of any
<br />other lease in the Shopping Center, or (iii) injury to Lessee's business or for any loss of income or profit therefrom. Instead, it is
<br />intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Lessee is
<br />required to maintain pursuant to the provisions of Paragraph 8.
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