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(c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date,
<br />with all of the improvements, parts and surfaces thereof brown clean and free of debris, and in good operating order, condition and state
<br />of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been
<br />prevented by good maintenance practice. Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall
<br />surrender the Premises in the sante condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear.
<br />Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee Owned Alterations
<br />and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall
<br />also completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third
<br />party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises), even if such
<br />removal would require Lessee to perform or pay for work that exceeds statutory requirements. Trade Fixtures shall remain the property
<br />of Lessee and shall be removed by Lessee. Any personalproperty of Lessee not removed on or before the Expiration Date or any earlier
<br />termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire.
<br />The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall
<br />constitute a holdover under the provisions of 26 below.
<br />8. Insurance; Indemnity.
<br />8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant
<br />to Paragraphs 8,2(b), 8.3(a) and 8.3(b), shall be a Common Area Operating Expense. hrOm un g pa Ey peg ods sones or
<br />to e exksnd ng boyond t ry hs Less® shaA�e prerated-tie ceineki u' � - o ponding -$Fart mate c; ! - Effl-Ante-Or
<br />evidence of self insured retention in the same amount.
<br />8.2 Liability Insurance,
<br />(a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of
<br />insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage
<br />based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such
<br />insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an
<br />annual aggregate of not less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at least as
<br />broad as the insurance Service Organization's "Additional Insured -Managers or Lessors of Premises" Endorsement. The policy shall not
<br />contain any intra -insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under
<br />this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance
<br />shall not limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide, an endorsement on its liability
<br />policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose
<br />insurance shall be considered excess insurance only.
<br />(b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8,2(a), in
<br />addition to, and not in lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured
<br />therein.
<br />8.3 Property Insurance - Building, Improvements and Rental Value.
<br />(a) Building and Improvements. Lessor shall obtain and keep in force a policy or policies of
<br />insurance in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the
<br />Promises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist
<br />from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable
<br />value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by
<br />Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of
<br />direct physical loss or damage (except die perils of flood and/or earthquake unless required by a Lender), including coverage for debris
<br />removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of
<br />any portion of the Premises as the result of a covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu
<br />of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance
<br />coverage amount by a factor of not less than the adjusted U.S, Department of Labor Consumer Price Index for All Urban Consumers
<br />for the city nearest to where the Premises are located.
<br />(b) Rental Value. Lessor shall also obtain and keep in force a policy or policies in the name of Lessor
<br />with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an
<br />additional 180 days ("Rental Value Insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance
<br />clause, and the amount of coverage shall be adjusted ammally to reflect the projected Rent otherwise payable by Lessee, for the next 12
<br />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 aots,
<br />omissions, wo-er-oceupatic-y of4he-Rremises:
<br />IO
<br />25A-12
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