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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. Casually. 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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