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<br />ljabllities, costs, expenses and losses, including, \.\.'jrhout limitation, attorneys' fees aJld coun costs.
<br />arislng from any activIty, \\Iork or things done. permitted or suffered by Landlord, its agents.
<br />successors. contractors, servants, employees or licensees In or about the Premises. Landlord further
<br />agrees to defend and indemnify and hold Tenant harmless from any and all claims, demands,
<br />judgments, damages, liabjJities, costs, expenses and losses arising from any breach or default on the
<br />part of Landlord in the performance of any covenant or agreement on the part of Landlord to be
<br />performed pursuant to the terms of this Lease, or arising from any negJigence, act or omission, of
<br />Landlord, or any of its agents, successors, contractors, servants, employees, or licensees, and from
<br />and against all costs, attorneys' fees, expenses and liabilities incurred in connection with any such
<br />claim or loss or action or proceeding brought thereon. If a.'1y action or proceeding is brought against
<br />Tenant by reason of any such matters, Landlord agrees to defend such action or proceeding at
<br />Landlord's sole expense by counsel reasonably satisfactory to Tenant. U Tenant receives insurance
<br />proceeds with respect to any claim or loss for which it is insured pursuant to the terms of this Lease,
<br />Landlord shall reduce its payment to Tenant pursuant to this Paragraph to the extent of such
<br />proceeds. Landlord's obligations to indemnify Tenant hereunder shall not include any loss for which
<br />Teo2-nt fails to provide insurance it is hereunder obligated to provide and for which jf such insurance
<br />were maintained Tenant would h3ve received proceeds The provisions of this Paragraph 12 sholl
<br />s'Jrvive the expiration or prior termination of this Le;,,<,e with respect to any claims or liability
<br />relating 10 matters occurring after the Commencement Date and prior to such expiration or
<br />termination.
<br />
<br />13. Insuran<;e.
<br />
<br />A. Tenant shall, at Tenant's expense, obtain and keep in force during the entire
<br />term of this Lease a Comprehensive General Liability policy (including Property Liability and
<br />Contract1JaJ LJability. Occurrence form) from an insurer reasonably acceptable to Landlord insuring
<br />Landlord, Tenant and any Mongagee of TenJ11['s interest against covered liability arising out of the
<br />Premises or its use, occupancy or maintenance, including all areas appurtenant thereto. Such
<br />insurance shall be a combined single limit policy or policies in an amount not Jess than Five Million
<br />Dollars ($5,000,000) per occurrence and in the annual aggregate for Bodily Injury, Property Damage
<br />and Personal Injury, and, shall name Landlord as an additional insured. U such insurance coverage
<br />has a deductible clause, the deductible amount shall not exceed One Million Dollars ($ I ,000,000)
<br />per occurrence.
<br />
<br />B. Tenant shall. a1 Tenant's expense, obtain and keep in force during the entire
<br />tenn of this Lease a policy of insurance covering loss or damage to a1] improYe~enls, alterations,
<br />additions, utili!)' installations, flx.tures, equipment and similar property, other than the property to
<br />be insured pursuant to Paragraph 13(C) and any personal property of Terlant, in the amount of the
<br />full replacement value thereof. including appreciation, as (he same may exist from time to time,
<br />against all perils included within the classification of fire, extended coverage, vandalism, malicious
<br />mischief, Dood, and special extended perils ("all risk" as such term is used in the insurance industry).
<br />Said insurance shall name Landlord and any mortgagee of Tenant's interest as loss payees and shall
<br />provide for payment of Joss thereunder to Landlord, Tenant and any mortgagee of Tenant's interest
<br />
<br />~1lA95IG/171:~g.1
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