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<br /> liability including, personal injury, broad form property damage, independent contractor, XCU
<br /> (explosion, collapse, underground) and products/completed operations; (iii) automobile liability;
<br /> and (iv) fire and extended coverage insurance. Evidence of compliance with the insurance
<br /> requirements set out in this provision shall be provided to Lessor prior to commencement of
<br /> improvements on the Premises.
<br /> 9.2 Insurance Requirements. All policies maintained by Lessee shall be purchased
<br /> only from insurers who are authorized to do business in the State of North Carolina, who comply
<br /> with the requirements thereof, and who carry an A.M. Best Company rating of"A" or"A+."
<br /> 9.3 Lessee's Liability. As between Lessee and Lessor, Lessee, subject to the terms of
<br /> this Lease, shall be primarily liable for the negligent or intentional acts or omissions of its agents,
<br /> contractors or employees. As to third parties, Lessee agrees to save Lessor harmless from and
<br /> against any and all loss, damage, claim, demand, liability, or expense, including reasonable
<br /> attorney fees, by reason of damage to person or property on or about the Premises, which may
<br /> arise or be claimed to have arisen as a result of the possession, occupation, use or operation of
<br /> the Premises by Lessee, its agents or employees, except where such loss or damage arises from
<br /> the willful or negligent misconduct of Lessor, its agents or employees. It is the intent of this
<br /> section that Lessee shall hold Lessor harmless and indemnify Lessor to the extent allowed under
<br /> North Carolina law.
<br /> 10. Casualty. In the event the Premises and the Leasehold Improvements, or a substantial part
<br /> thereof, shall be damaged by fire or other casualty, Lessee may, at its option, terminate this
<br /> Lease or cause the Premises and the Leasehold Improvements to be repaired or renovated. If
<br /> Lessee determines to make the necessary repairs or renovations, any proceeds from fire or
<br /> casualty insurance shall belong to Lessee. In such event, Lessee, at its sole cost and expense,
<br /> shall cause the repairs and renovations to be made in a good and workmanlike manner, without
<br /> unreasonably delay, and in compliance with all applicable governmental laws and regulations
<br /> and the Approved Plans. If Lessee determines not to make the necessary repairs or renovations,
<br /> then this Lease shall terminate and Lessee, at Lessor's option, shall cause the Premises to be
<br /> restored to a condition reasonably approximating that existing at the Effective Date and any
<br /> proceeds from fire or other casualty insurance, less payment for any permitted indebtedness
<br /> thereon, payment to Lessee for its personal property located on the Premises and any payment
<br /> necessary to restore the Premises, shall belong to Lessor. Lessee's determination concerning
<br /> repair as stated in this Section shall be given to Lessor in writing within ninety (90) days of the
<br /> fire or casualty causing the damage.
<br /> 11. Hazardous Materials.
<br /> 11.1 Definitions. For purposes of this Lease: (i) "Hazardous Material" or "Hazardous
<br /> Materials" means and includes, without limitation, (a) solid or hazardous waste, as defined in the
<br /> Resource Conservation and Recovery Act of 1980, or in any applicable state or local law or
<br /> regulation, (b) hazardous substances, as defined in the Comprehensive Environmental Response
<br /> Compensation and Liability Act of 1980 ("CERCLA"), or in any applicable state or local law or
<br /> regulation, (c) gasoline, or any other petroleum product or by-product, (d) toxic substances, or
<br /> rodenticides, as defined in the Federal Insecticide, Fungicide, and Rodenticide Act of 1975, or in
<br /> any applicable state or local law or regulation, as each such Act, statute, or regulation may be
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