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<br /> in an amount not to exceed the full replacement value thereof, as the same may exist from time to
<br /> time. providing protection against all perils included within the classification of fire, extended
<br /> . coverage, vandalism, malicious mischicC, Oood (in the event the same is required by a lender
<br /> having a lien on the Premises), special extended perils ("all risk", as such term is used in the
<br /> insurance industry), plate glass insurance, and such other insurance as Lessor deems advisable.
<br /> In addition, Lessor shall obtain and keep in force, during the term of this Lease, a policy of rental
<br /> value insurance covering a period of not less than one year, with loss payable to Lessor, which
<br /> insurance shall also cover all Operating Expenses for said period. In the event that the Premises
<br /> suffer an insured loss as defined in paragraph 9.1(g) hereof, the deductible amounts under the
<br /> casualty insurance policies relating to the Premises shall be paid by Lessee.
<br /> 8.4 Payment of Premium Increase.
<br /> (a) Aner the teon of this Lease has commenced, Lessee shall not be responsible for
<br /> paying Lessee's share of any increase in the property insurance premium for the Industrial Center
<br /> specified by Lessor's insurance carrier as being caused by the use, acts, or omissions ofaoy other
<br /> lessee of the Industrial Center, or by the nature of such other lessee's occupancy that creates an
<br /> extraordinary or unusual risk.
<br /> (b) Lessee, however, shall pay the entirety of any increase in the property insurance
<br /> premium for the Industrial Center over what it was immediately prior to the commencement of
<br /> the term of this Lease if the increase is specified by Lessor's insurance carrier as being caused by
<br /> the nature of Lessee's occupancy or any act or omission of Lessee.
<br /> 8.5 Insurance Policies. Insurance required hereunder shall be with companies
<br /> holding a "General Policyholders Rating" of at least A, or such other rating as may be required
<br /> by a lender having a lien on the Premises, as set forth in the most current issue of "Best's
<br /> Insurance Guide." Lessec shall not do or permit to be done anything that invalidates the
<br /> insurance policies carried by Lessor. Lessee shall deliver to Lessor copies of liability insurance
<br /> policies required under paragraph 8.1 or certificates evidencing the existence and amounts of
<br /> such insurance, within seven (7) days after the commencement date of this Lease. No such
<br /> policy shall be cancelable or subject to reduction of coverage or other modification except after
<br /> . thirty (30) days' prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the
<br /> expiration of such policies, furnish Lessor with renewals or "binders" thcreof.
<br /> ,.
<br /> 8.6 Wah'er of Subrogation. Lessee and Lessor each hereby release and relieve the
<br /> other with respect to, and waive their entire right of recovery against the other for, loss or
<br /> damage arising out of or incident to the perils insured against which perils occur in, on, or about
<br /> the Premises, whether due to the negligence of Lessor or Lessee or their agents, employees.
<br /> contractors, and/or invitees. Lcssee and Lessor shall, upon obtaining the policies of insurance
<br /> required, give notice to the insurance carrier or carriers that the foregoing mutual waiver of
<br /> subrogation is contained in this Lease.
<br /> 8.7 Indemnity. Lessee shatl indemnify, defend, and hold harmless Lessor from and
<br /> against any and all claims arising from Lessee's use of the Industrial Center. or from the conduct
<br /> of Lessee's business or from any activity, work. or thing done, permitted, or suffered by Lessee
<br /> or occurring in or about the Premises or elsewhere and shall further indemnify, defend, and hold
<br /> hamlless Lessor from and against any and all claims arising from any breach or default in the
<br /> performance of any obligation on Lessee's part to be performed under the terms of this Lease. or
<br /> arising from any act or omission of Lessee, or any of Lessee's agents, contractors, or employees,
<br /> and from and against alt costs, attorney's fees, expenses, and liabilities incurred in the defense of
<br /> any such claim or any action or proceedings brought thereon; and in case any action or
<br /> proceedings be brought against Lessor by reason of any such claim, Lessee upon notice from
<br /> Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor.
<br /> and Lessor shall cooperate with Lessee in such defense. The indemnification obligations set
<br /> forth in this paragraph 8.7 shall survive the termination or expiration of this Lease.
<br /> 8.8 Exemption of Lessor from Liability. Lessee hereby agrees that Lessor shall not
<br /> be liable for injury to Lessee's business or any loss of income therefrom or for damage to the
<br /> goods, wares, merchandise, or other property of Lessee, Lessec's employees, invitees, customers,
<br /> or any other person in or about the Premises or the Industrial Center, nor shall Lessor be liable
<br /> for injury to the person of Lessee, Lessee's employees, agents, or contractors, whether such /
<br /> damage or injury is caused by or results from fire, steam, electricity, gas. water, or rain, or from /
<br /> . the breakage, leakage, obstruction, or other defects of pipes, sprinklers, wires, appliances, / /
<br /> plumbing. air conditioning, or lighting fixtures, or from any other cause, whether said damage or ./
<br /> /"
<br /> injury results from conditions arising upon the Premises or upon other portions of the Industrial
<br /> \\M'NNE..IF'OU~\VOl.'\SUrl'OlIT\A""O""TA\AM8III.....J.\R",,,"U'AGREEM[~IIol<lll.t page 7
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<br /> (S:U-40ATA IAMBIGENERAL1FORM'sIRETT-LE-M.DOC)
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