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<br /> (b) Notice by Tenant. If the Rented Space is damaged or destroyed by any peril covered by the
<br /> insurance to be provided by subparagraph (a) above, Tenant shall give immediate written notice thereof to
<br /> Landlord.
<br /> (c) Extensive Damage. If the Rented Space is so damaged by any peril covered by the insurance to
<br /> be provided under subparagraph (a) above that rebuilding or repairs cannot in the estimation of a licensed
<br /> North Carolina General Contractor selected by Landlord, be completed within one hundred fifty (150) days
<br /> after the date of such damage, Tenant may elect, in its sole discretion, to terminate this Lease, and the rent
<br /> shall be abated during the unexpired portion of this Lease, effective upon the date of the occurrence of such
<br /> damage.
<br /> (d) Repairable Damage. If the Rented Space is damaged by any peril covered by the insurance to be
<br /> provided under subparagraph (a) above, but only to such extent that rebuilding or repairs can, in the
<br /> estimation of a licensed North Carolina General Contractor selected by Landlord, be completed within one
<br /> hundred fifty(150)days after the date of such casualty,this Lease shall not terminate, and Tenant shall,at its
<br /> sole cost and expense, thereupon proceed with reasonable diligence to rebuild and repair the Rented Space
<br /> to substantially the condition in which it existed prior to such damage. There shall be no abatement of rent
<br /> during any such period of rebuilding and repair.
<br /> (e) Landlord's Option to Terminate. Notwithstanding any other provision herein, if any portion of the
<br /> Rented Space is materially damaged or destroyed during the final Lease Year of the initial term or any
<br /> extension term of this Lease,then Landlord shall have the option to terminate this Lease upon written notice
<br /> to Tenant delivered within forty-five (45) days of the date of such damage.
<br /> 18. TENANT'S INDEMNITY OF LANDLORD AND TENANT'S INSURANCE.
<br /> (a) Tenant's Indemnity of Landlord. To the extent authorized by North Carolina law, Tenant shall
<br /> indemnify and save the Landlord and its agents, officers, and employees harmless against any and all claims,
<br /> demands, costs, and expenses, including reasonable attorney's fees for the defense thereof, arising directly
<br /> or indirectly out of or in connection with Tenant's occupancy at the Property or from any breach or default on
<br /> the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed
<br /> pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, servants, employees
<br /> or invitees, in or about the Property.
<br /> (b) Tenant's Commercial General Liability Insurance. Tenant shall at all times during the Term, at its
<br /> sole cost and expense, procure and maintain in force and effect a policy or policies of commercial general
<br /> liability insurance issued by a company or companies from time to time approved by Landlord, which
<br /> companies must be authorized to transact business in North Carolina. Such policy or policies shall insure
<br /> against loss, damage or liability for injury to or death of persons and loss or damage to property occurring
<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 one
<br /> 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 of
<br /> 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 or
<br /> 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, bearing
<br /> notations evidencing the payment of premiums and evidencing the insurance coverage required to be carried
<br /> by Tenant under this Lease, including but not limited to,the insurance policies required by Section 17(a) and
<br /> Sections 18 (b) — (d) hereunder. Each policy and certificate shall contain an endorsement or provision
<br /> requiring not fewer than thirty (30) days written notice to Landlord prior to the cancellation, diminution in the
<br /> perils insured against or reduction of the amount of coverage of the particular policy in question.
<br /> Landlord Tenant
<br /> Initials Initials
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