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<br /> Share of operating expense charges for each year. If TENANTS share exceeds the aggregate
<br /> amount previously paid by TENANT for such period, TENANT shall pay to LANDLORD the
<br /> deficiency within ten (10) days following notice. LANDLORD shall apply any overpayment to
<br /> future operating expense charges. LANDLORD may adjust the amounts shown in Section 1.11
<br /> based on budgeted expenses and TENANT'S estimated Pro Rata Share.
<br /> ARTICLE X
<br /> DANCE
<br /> 10.01. . TENANT agrees to carry, at its own expense, personal property
<br /> insurance including stock,trade fixtures,improvements,betterments and fixtures againstAil Direct
<br /> Risk Physical Loss, in an amount of not less than one hundred pervert(100%)of its insurable
<br /> Replacement Cost value. TENANT agrees to have his policy of insurance name the LANDLORD
<br /> as Loss Payee and make benefits payable to the TENANT and LANDLORD,as their interest may
<br /> appear. TENANT agrees to carry,at its sole cost and expense,throughout the term of the Lease,
<br /> Public Liability Insurance including contractual liability and Auto Liability Insurance for its own
<br /> protection, covering the Premises and the TENANTS use thereof with minimum amounts of
<br /> insurance of$500,000.00 for injury and/or death to any one person and$1,000,000.00 for injury
<br /> or death to any number of persons in arty one accident and property damage insurance in an
<br /> amount of$500,000.00 for damage to property of others in any one occurrence, and if TENANT
<br /> sells alcoholic beverages,Dram Shop Liability coverage of$1,000,000. TENANT agrees to give
<br /> LANDLORD prompt notice of any accidents or occurrences subject to coverage by its insurance,
<br /> or the LANDLORD'S insurance. TENANT agrees to be responsible for property damage or
<br /> liability arising out of its operation,whether covered by its insurance or not. TENANT agrees to
<br /> carry such other forms, amounts and types of insurance, as from time to time may be required
<br /> by LANDLORD, and all insurance shall be with companies approved by LANDLORD. TENANT
<br /> further agrees to provide evidence of all insurance required under this paragraph, in such form
<br /> or forms as may be required by the LANDLORD. TENANT agrees to have its insurance policies
<br /> endorsed to provide thirty (30) days advance notice of cancellation or material change be
<br /> provided to the LANDLORD prior to termrration of its coverage.
<br /> 10.02. 1 To the extent permitted by law, TENANT shall defend, with
<br /> counsel satisfactory to LANDLORD and completely indemnify and hold forever harmless
<br /> LANDLORD from and against any and all liabilities,fines,suits,claims,demands,actions,causes
<br /> of actions, losses,costs(including attorney fees),damages,judgments,expense of any find or
<br /> character whatsoever,due to or arising out of (a)any breads or violation or nonperfomarim of
<br /> any cavenart, obligafion,condition or agreement set forth in this Lease on the part of TENANT
<br /> to be fulfilled, kept or performed:ardor(b)any damage to,loss,or destruction of any property
<br /> arising directly or indirectly out of TENANTS use or occupancy of the Premises;and/or(c)any
<br /> injury to arty person, including death, resulting any time therefrom, occurring in or about the
<br /> Premises.
<br /> In the event that LANDLORD is made a party to any action or proceeding which TENANT
<br /> is required to defend pursuant to the provisions of this Lease, LANDLORD shall have the right
<br /> to appear and take part in the action or proceeding by legal counsel of LANDLORD'S choice,at
<br /> LANDLORD'S expense.
<br /> TENANT shall also completely indemnify LANDLORD as to all costs and expenses
<br /> inured to enforce in the terms,provisions,conditions or covenants of this Lease,including,but
<br /> not limited to,attorneys fees. TENANT shall have its insurer endorse its liability insurance policy
<br /> to provide for coverage of TENANTS obligations under this paragraph.
<br /> 10.03. TENANT agrees not to do anything which will void the
<br /> LANDLORD'S insurance or cause the premiums to increase. In the event that the LANDLORD'S
<br /> insurance premiums are increased, as a result of the TENANTS occupancy,then the TENANT
<br /> agrees to pay, in full,that increase in premium caused by its occupancy.
<br /> 10.04. Waiver of EWU of Reoaiu W Neither LANDLORD mar TENANT shall be liable to
<br /> the other party or to any insurance company(by way of subrogation or otherwise) insuring the
<br /> other party for arty loss or damage to any building,structure or other tangible property or liability
<br /> for personal injury,or losses under workmen's compensation laws and benefits,even though such
<br /> loss or damage might have been occasioned by the negligence of such party, its agents or
<br /> employees.
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