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18 <br />air conditioning facilities shall be operated during all hours that County is open <br />for business or occupying the Demised Premises, and County shall not <br />intentionally allow the temperature in the Demised Premises to drop below sixty <br />(60) degrees Fahrenheit at any time during the term of this Lease. <br />22. DELETED. <br />23. LANDLORD'S INSURANCE Landlord shall not be liable (i) for any damage to <br />County's property located in the Demised Premises, regardless of the cause of <br />such damage, (ii) for any acts or omissions of other tenants of the .Shopping <br />Center, nor (iii) for any condition of the. Demised Premises whatsoever unless <br />Landlord is responsible for the repair thereof, and has failed to make such repair <br />after written notice from County of the need therefor, and expiration of a <br />reasonable time, for the making of such repair, such time period to include, but <br />not be limited to the time necessary to settle insurance claims. <br />24. COUNTY'S INSURANCE. Effective the earlier of: (i) the date County first enters <br />the Demised Premises, or (ii) Delivery of Possession, and continuing throughout <br />the Lease Term and any extensions or renewals thereof, including, without <br />limitation, any holdover with or without Landlord's consent, County shall procure, <br />pay for and keep in full force and effect, the following types of insurance: <br />(1) Commercial General Liability Insurance Policy insuring the Demised <br />Premises and County's use thereof, Landlord understands and agrees that <br />County is insured through an insurance pool for NC counties administered <br />through the NC Association of County Commissioners whose limits of liability <br />shall provide a minimum limit of Five Million and 00/100 Dollars ($5,000,000.00) <br />on account of bodily injuries to or death or property damage for each occurrence <br />and a minimum limit -of Five Million Dollars ($5,000,000.00) annual general <br />aggregate. The aggregate limit may be satisfied through a combination of <br />primary and umbrella/excess liability insurance. Such insurance shall also <br />provide that .the general... aggregate limits apply separately. to each insured <br />location, if applicable. The foregoing palicy shall name Landlord or its <br />successors and assigns as additional insureds under County's insurance policy <br />and shall bear endorsements to the effect that the insurer agrees to notify all <br />additional insureds not less than thirty (30) days in advance of any modification <br />or cancellation thereof; <br />(2) Special Form Cause of Loss Policy insuring against fire and such other risks <br />as are, from time to time, included- in standard extended coverage endorsements <br />(including, but not limited to earthquake, boiler arid machinery, plate glass, <br />power failure, windstorm, terrorism, seepage or leakage), insuring all leasehold <br />and building improvements in the Demised Premises which were originally <br />constructed by County, County's trade fixtures, furniture, furnishings, special <br />equipment, floor and wall coverings, and all other items of personal property of <br />County located on or within the Demised Premises, such coverage to be in an <br />amount equal to one hundred percent (100%) of the replacement cost thereof. <br />The foregoing policy shall name Landlord and such other parties as Landlord <br />may from time to time designate in writing to County as additional insured under <br />County's insurance policy and shall bear endorsements to the effect that the <br />insurer agrees to notify all additional insured not less than thirty (30) days in <br />advance of any modification or cancellation thereof; <br />15 <br />County of Orange, in NortL Carolina - Hillsborough Commons 07/02/08 <br />INITIALS <br />I~~~~-~- <br />