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<br /> from any cause whatsoever in, upon or about the Property. Such policies of public liability insurance shall
<br /> name Landlord as an additional insured and shall be in amounts and afford coverage against perils as
<br /> reasonably required from time to time by Landlord. Coverage shall initially be in the single limit amount of
<br /> one million dollars ($1,000,000.00). Such policy or policies shall include affirmative coverage of Tenant's
<br /> indemnity of Landlord pursuant to subsection (a) above.
<br /> (c) Tenant's Property Insurance. Tenant shall obtain and maintain property insurance upon its
<br /> furniture, equipment, trade fixtures, and any other personal property of Tenant or of any third parties which
<br /> may from time to time be located in, on or around the Property. Such insurance shall be maintained in the
<br /> amount of the full replacement cost of such property. All such policies shall include a waiver of subrogation
<br /> of any and all claims against the Landlord and name the Landlord as an additional insured. Tenant shall look
<br /> solely to its insurance policy for recovery of any loss for any such property, and in no event shall it make any
<br /> claim against the Landlord for any loss to any such property. The Tenant hereby releases Landlord from any
<br /> such liability, and Tenant shall indemnify and hold the Landlord harmless from and against any claim of
<br /> Tenant's insurance carrier or arising out of Tenant's failure to maintain such insurance.
<br /> (d) Tenant's Business Interruption Insurance. Tenant shall at all times during the Term maintain
<br /> business interruption insurance, insuring Tenant from loss, damage, cost or expense from any disruption to
<br /> or interruption to its business resulting from damage to or malfunction of the Rented Space or the Property or
<br /> any components thereof or any of the systems (heating, plumbing, mechanical or otherwise) or utilities
<br /> serving them. Such insurance shall cover a continuous period of disruption or interruption of not less than
<br /> one hundred eighty (180) days per occurrence.
<br /> (e) Policies or Certificates of Insurance. At the request of Landlord,the Tenant shall furnish certified
<br /> copies of policies or certificates of insurance in the form of or on ACORD 27, or equivalent document,
<br /> bearing notations evidencing the payment of premiums and evidencing the insurance coverage required to
<br /> be carried by Tenant under this Lease, including but not limited to,the insurance policies required by Section
<br /> 17(a) and Sections 18 (b) — (d) hereunder. Each policy and certificate shall contain an endorsement or
<br /> provision requiring not fewer than thirty (30) days written notice to Landlord prior to the cancellation,
<br /> diminution in the perils insured against or reduction of the amount of coverage of the particular policy in
<br /> question.
<br /> 19. TENANT'S WAIVER OF CLAIMS; MUTUAL RELEASES.
<br /> (a) Tenant's Waiver of Claims. To the extent permitted by law, the Tenant releases the Landlord and
<br /> its agents, officers, and employees from, and waives all claims for damage or injury to person or property or
<br /> disruption to business sustained by the Tenant, any guest, invitee, trespasser, or any occupant of the
<br /> Property, the Building or the Rented Space, or any part or any of them, resulting from any accident, mishap
<br /> or other occurrence in or about the Property, whatever the cause. This shall include but not be limited to,
<br /> the flooding of surface areas, basements or other subsurface areas, and damage caused by refrigerators,
<br /> sprinkling devices, air conditioning or electrical equipment,water, snow,frost, steam, excessive heat or cold,
<br /> falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing
<br /> fixtures, and shall apply equally whether any such damage results from the act or neglect of the Landlord,
<br /> other tenants, occupants or servants in the Building or any other person, and whether such damage be
<br /> caused or result from anything or any circumstance above mentioned or referred to, or any other thing or
<br /> circumstance whether of a like nature or of a wholly different nature.
<br /> (b) Tenant's Release. Notwithstanding anything to the contrary contained in this Lease, Tenant
<br /> hereby releases Landlord from any and all liability for loss or damage coverable by the insurance required to
<br /> be carried by Tenant in Section 18 above, even if the insured peril shall be brought about by the default,
<br /> negligence or other action of the Landlord, its agents, employees, tenants, invitees or any of them.
<br /> 20. EMINENT DOMAIN. If all of the Rented Space, or such part thereof as will make the same unusable
<br /> for the purposes contemplated by this Lease, be taken under the power of eminent domain (or a conveyance
<br /> in lieu thereof), then this Lease shall terminate as of the date possession is taken by the condemner, and
<br /> rent shall be adjusted between Landlord and Tenant as of that date. If only a portion of the Rented Space is
<br /> taken and Tenant can continue use of the remainder,then the Lease will not terminate, but rent shall abate in
<br /> a just and proportionate amount to the loss of use occasioned by the taking. Tenant shall have no right or
<br /> claim to any part of any award made to or received by Landlord for any taking and no right or claim for any
<br /> alleged value of the unexpired portion of this Lease; provided, however, that Tenant shall not be prevented
<br /> from making a claim against the condemning party(but not against Landlord)for any moving expenses, loss
<br /> of profits, or taking of Tenant's personal property (other than its leasehold estate) to which Tenant may be
<br /> entitled. In the event of a temporary taking of ninety(90)days or less, this Lease shall not terminate, but the
<br /> term of this Lease shall be extended by the period of the taking and the rent shall abate in proportion to the
<br /> area taken for the period of such taking.
<br /> Landlord Tenant
<br /> Initials Initials
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