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liability and property damage liability insurance adequate to protect LANDLORD against <br />liability for injury to or death of any person or damage to property in connection with the <br />activities of TENANT in, on or about the Premises or with the use, operation or condition <br />of the Premises. Such insurance at all times shall be in an amount of not less than Two <br />Million Dollars ($2,000,000) each occurrence and Two Million Dollars ($2,000,000) <br />aggregate. The limits of such insurance shall not, however, limit the liability of <br />TENANT hereunder. All public liability and property damage policies shall contain a <br />provision that LANDLORD, although named as an insured, shall nevertheless be entitled <br />to recovery under said policies for any loss occasioned to it, its servants, agents and <br />employees by reason of the negligence of TENANT. <br />(b) Casualty insurance. At all times while this Lease is in effect, TENANT <br />shall maintain in effect policies of casualty insurance covering (a) all TENANT <br />improvements in, on or to the Premises, and (b) trade fixtures, merchandise, and other <br />personal property from time to time, in on or upon the Premises, in an amount of not less <br />than ninety percent (90%) of their actual replacement cost from time to time during the <br />term, providing protection against any peril included within the classification "Fire and <br />Extended Coverage" together with insurance against sprinkler damage, vandalism and <br />malicious mischief, including cost of debris removal and demotion. Replacement cost for <br />purposes hereof shall be determined by mutual agreement, or failing such agreement by <br />an accredited appraiser selected by LANDLORD, with the cost of such appraisal to be <br />borne by TENANT. The proceeds of such insurance shall be used for the repair or <br />replacement of the property so insured. <br />(c) Workers' compensation. Workers' compensation or employer's liability <br />insurance as required by law. <br />8.3 GENERAL. The liability and casualty policies required above shall be endorsed <br />to include the LANDLORD and its elected and appointed officers and employees, as additional <br />insureds. Every policy required of TENANT above shall be primary insurance, and any <br />insurance carried by the LANDLORD, its officers, or its employees, shall be excess and not <br />contributory insurance to that provided by TENANT. The additional insured endorsement for <br />the Comprehensive General Liability insurance required above shall not contain any exclusion <br />for bodily injury or property damage arising from completed operations. The TENANT shall be <br />solely responsible for any deductible losses under each of the policies required above. <br />Certificates of insurance shall be completed by the TENANT's insurance agent as evidence that <br />policies providing the required coverages, conditions, and minimum limits are in full force and <br />effect, and shall be subject to review and approval by the LANDLORD. Each certificate shall <br />provide that the coverages afforded under the policies shall not be cancelled, terminated or <br />materially changed until at least 30 days prior written notice has been given to the LANDLORD. <br />If the words "endeavor to" appear in the portion of the certificate addressing cancellation, those <br />words shall be stricken from the certificate by the agent(s) completing the certificate. The <br />LANDLORD reserves the right to request and receive a certified copy of any policy and any <br />endorsement thereto. Failure on the part of the TENANT to procure or maintain policies <br />providing the required coverages, conditions, and minimum limits shall constitute a material <br />breach of contract upon which the LANDLORD may terminate this Lease, or at its discretion <br />7 <br />