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11
<br /> of such policies to be increased if the coverage is insufficient based upon insurance then carried by
<br /> comparable tenants similarly situated. Tenant shall neither have nor make any claim against Landlord for
<br /> any loss or damage to any personal property of Tenant or its employees, agents or contractors,regardless
<br /> of the cause thereof. The proceeds from any such policies covering personal property shall be used by
<br /> Tenant for the replacement of Tenant" personal property. Tenant shall have the right to provide insurance
<br /> coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such
<br /> blanket policy expressly affords coverage to the Demised Premises and to Landlord and its managing
<br /> agent, if applicable,as required by this Lease.
<br /> Prior to taking possession of the Demised Premises and thereafter at least 10 days prior to the
<br /> renewal dates thereof, Tenant shall deliver to Landlord copies of original policies or satisfactory
<br /> certificates thereof. All such policies shall be non-assessable and shall contain language, to the extent
<br /> obtainable,that(a)any loss shall be payable notwithstanding any act or negligence of Landlord or Tenant
<br /> that might otherwise result in forfeiture of the insurance, (b) that the policies are primary and non-
<br /> contributing with any insurance that Landlord may carry, and(c)that they cannot be canceled or changed
<br /> except after 30 days' notice to Landlord.
<br /> Anything in this Lease to the contrary notwithstanding, Landlord releases, and waives unto
<br /> Tenant (including all partners, stockholders, officers, directors, employees, and agents thereof), its
<br /> successors and assigns, and Tenant releases and waives unto Landlord (including all partners,
<br /> stockholders, officers, directors, employees and agents thereof), its successors and assigns, all rights to
<br /> claim damages for any injury,loss, cost, or damage to persons or to the Demised Premises or the Property
<br /> which is occasioned by fire, explosion, accident, occurrence or condition in, on or about the Demised
<br /> Premises or the Property or any other casualty, as long as and to the extent of the amount of which injury,
<br /> loss, cost or damage has been paid either to Landlord, Tenant, or any other person, firm or corporation,
<br /> under the terms of any fire, extended coverage, public liability or other policy of insurance, and to the
<br /> extent such releases or waivers are permitted under applicable law. All policies of insurance carried or
<br /> maintained pursuant to this Lease shall contain or be endorsed to contain a provision whereby the insurer
<br /> waives all rights of subrogation against either Tenant or Landlord, as the case may be, provided such a
<br /> provision shall be obtainable. If insurance policies which such waiver of subrogation provision shall not
<br /> be obtainable, then the provisions relating to waiver of subrogation as contained in this article 11 shall
<br /> have no effect during such time as insurance policies with a waiver of subrogation shall not be obtainable.
<br /> If any provision relating to a waiver of subrogation as set forth in this article 11 shall contravene any
<br /> present or future law with respect to exculpatory agreements, the liability of the party affected shall be
<br /> deemed not released but shall be secondary to the other's insurer.
<br /> To the extent authorized by North Carolina law Tenant shall indemnify and hold Landlord
<br /> harmless from and against any and all claims arising out of(a) Tenant's use of the Demised Premises or
<br /> any part thereof, (b) any activity, work, or other thing done, permitted or suffered by Tenant in or about
<br /> the Demised Premises or the Property, or any part thereof, (c) any breach or default by Tenant in the
<br /> performance of any of its obligations under this Lease, or (d) any act or negligence of Tenant, or any
<br /> officer, agent, employee, contractor, servant, invitee or guest of Tenant;and in each case from and against
<br /> any and all damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees at all
<br /> tribunal levels) arising in connection with any such claim or claims as described in(a)through(d) above,
<br /> or any action brought thereon. Tenant assumes all risk of damage or loss to_its property or injury or death
<br /> to persons in, on, or about the Demised Premises, the Building or the Property, from all causes except
<br /> those for which the law imposes liability on Landlord regardless of any attempted waiver thereof, and
<br /> Tenant hereby waives such claims in respect thereof against Landlord. The provisions of this paragraph
<br /> shall survive the expiration or termination of this Lease.
<br /> OCAC Lease Page 9
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