Common use of By Landlord Clause in Contracts

By Landlord. Landlord shall carry public liability insurance on those portions of the Common Areas included in the Total Tract providing coverage of not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insurance, or combined single limit insurance in the amount of [***]. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage.

By Landlord. Landlord as part of Landlord's Common Area Costs shall carry public liability insurance (with contractual liability endorsements), and naming the tenants of the Project as additional insureds, on those portions of the Common Areas included in the Total Tract providing coverage for each such area of not less than [***] $2,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $1,000,000.00 property damage insurance, or a combined single limit insurance in the amount of [***]$2,000,000.00. If it becomes customary, as reasonably determined by Landlord, during the Term of this Lease for buildings and projects of comparable size and nature as the building in which the Premises is located to carry and maintain insurance policies with higher limits or different coverages than is required of Landlord under the provisions hereof, then, Landlord will provide Tenant with evidence of Landlord's acquisition of insurance policies and coverage whose limits or coverage are not less than the then customary limits and type. The comprehensive general public liability policy shall in no way limit or diminish Landlord's liability under Section 11.6 hereof. Landlord, as part of Landlord's Common Area Costs, shall also carry insurance for fire"all risk" insurance, including fire and extended coverage, vandalism, malicious mischief and such other endorsements deemed advisable by Landlordand/or coverages considered reasonable and customary for similar properties in the downtown Chicago area, insuring all improvements on owned by Landlord in the Total Tract, Project including the Premises Common Areas and the Premises, and all leasehold improvements thereon and appurtenances thereto constructed or installed by Landlord (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems reasonably advisable. Landlord agrees that, such within twenty (20) days following request of Tenant therefor, Landlord will provide Tenant with evidence of the existence of the insurance coverage to include improvements provided by Tenant as set forth described in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and this Section 11.1. Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the insurance will include contractual liability coverage recognizing this Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by shall provide that Landlord and Tenant shall be adjusted upward given a minimum of thirty (30) days' written notice by the insurance company prior to cancellation, termination or downward (but shall never be less than the above amount) change in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverageinsurance.

By Landlord. Landlord shall carry public commercial general liability insurance (either through the purchase of insurance or a self-insurance plan) on those portions of the Common Areas included in the Total Landlord's Tract providing coverage of not less than [***] $5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $1,000,000.00 property damage insurance, or combined single limit insurance in the amount of [***]$5,000,000.00. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Landlord's Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "CB" and "C-2B-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "CB"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area the Insurance Charge set forth in Article I, payable in equal installments on the first day of every calendar month during the Lease Term, prorated for partial months and partial Lease Years, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward from time to time as required (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage. Notwithstanding the foregoing provision, in no event shall the increase in Tenant's Insurance Charge for the second full calendar year following the Commencement Date and any subsequent calendar year exceed six percent (6%) of Tenant's Insurance Charge for the preceding calendar year.

By Landlord. Landlord shall carry public liability insurance on those portions of the Common Areas included in the Total Landlord's Tract providing coverage of not less than [***] $5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $1,000,000.00 property damage insurance, or combined single limit insurance in the amount of [***]$5,000,000.00. Landlord shall also carry insurance for fire, windstorm, extended coverage, vandalism, malicious mischief mischief, flood and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Landlord's Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "CD" and "C-2D-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "CD"; Tenant agrees to pay Landlord, as additional rent, 25 thirty cents (30 cents) per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage.

By Landlord. Landlord shall carry public liability insurance on those portions the Common Area of the Common Areas included in the Total Tract Center providing coverage of not less than [***] $1,000,000 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $250,000 property damage insurance, or a combined single limit insurance in the amount of [***]$1,000,000. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total TractCenter, including the Premises premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as the Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) ), and Landlord's Work as defined improvements erected by Landlord in Exhibit "C"; the Center. Tenant agrees to pay Landlord, as additional rent, 25 cents FIFTEEN CENTS ($0.15) per year for each square foot of Store Floor Area floor area payable in equal installments on the first day of every calendar month during the this Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage. Tenant's share of insurance for the first (1st) year shall be FIFTEEN CENTS ($0.15) per square foot which equals to TWO HUNDRED TWENTY FIVE DOLLARS ($225.00) per annum to be paid at a rate of EIGHTEEN AND 75/100's DOLLARS ($18.75) per month.

By Landlord. Landlord Tenant shall carry public liability insurance on those portions have the right to participate in all negotiations of tax assessments against the Common Areas included in Taxable Premises. Tenant shall have the Total Tract providing coverage of not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insurance, right to contest the validity or combined single limit insurance in the amount of [***]any tax or assessment levied against the Taxable Premises and, with Landlord's consent which consent shall not be unreasonably withheld or delayed, the Tax Parcel or the Shopping Center by such appellate or other proceedings as may be appropriate in the jurisdiction in which such properties lie and may defer payment of such obligations, pay same under protest or take such other steps as Tenant may deem appropriate; provided, however, Tenant shall take no action which will cause or allow the institution of any foreclosure proceedings or similar action against the Taxable Premises, the Tax Parcel or the Shopping Center. Landlord shall also carry insurance for firecooperate, extended coverageat Xxxxxx's expense, vandalismin the institution and prosecution of any such proceedings initiated by Xxxxxx and will execute any documents required therefor. Notwithstanding the aforesaid, malicious mischief if Tenant is paying a Proportionate Share of real estate taxes, Landlord shall have the first right to contest such real estate taxes and only if Landlord elects to not so contest such taxes may Tenant proceed to protest same. Should Landlord institute proceedings to contest the validity or the amount of any tax or assessment levied against the Taxable Premises, the Tax Parcel or the Shopping Center, Tenant, at Landlord's expense, will cooperate in such proceedings but Tenant shall have no obligation to disclose any financial or other endorsements deemed advisable information in such proceeding. Should any of the proceedings referred to in the preceding two paragraphs of this Article 5 result in reducing the total annual real estate tax and assessment liability against the Taxable Premises or the Tax Parcel, Tenant, after deducting any out of pocket expenses incurred by Landlord, insuring shall be entitled to receive Tenant's Proportionate Share of such refunds attributable to the Taxable Premises paid by the taxing authorities. After payment of all improvements on of Landlord's and Xxxxxx's out of pocket expenses incurred in any proceeding pertaining to the Total TractTax Parcel in which a refund is paid, including Landlord shall pay to Tenant, Xxxxxx's proportionate share of such refund. Any balance of said refund remaining after such payment to Tenant shall belong to Landlord. If no refund shall be secured in any given proceeding, the party instituting the proceeding shall bear the entire cost. The term "Taxable Premises", as used in this lease, shall mean the Demised Premises, together with the land underneath the Demised Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandiseif the Taxable Premises may be separately assessed, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Common Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share which is a part of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverageseparately assessed parcel.

By Landlord. Landlord shall carry public liability insurance on those keep in good order, condition and repair the structural portions, foundations, exterior walls, canopy, roof structure, roof membrane, downspouts and gutters of the Building (excluding all windows, doors, plate glass and non-structural portions of storefronts, and except for damage caused by any act, negligence or omission of Tenant or its employees, agents, invitees, licensees, contractors or subtenants, damage or destruction caused by any casualty not required to be repaired under Article 16 and any condemnation or taking of the Premises or the Shopping Center governed by Article 15). Such maintenance and repair of the structural portions and foundations of the Building and the structural members of the roof of the Building shall be at Landlord's sole cost and expense; all other maintenance and repair described above (including painting, maintenance, repair and replacement of covered walkways, planters, and all portions of the Common Areas roof of the Building other than the structural members) shall be arranged by Landlord, included in Common Area Maintenance Costs and paid by Tenant pursuant to Article 12 or, at Landlord's election, paid directly by Tenant to the Total Tract providing coverage extent relating to the Premises. Landlord shall maintain electrical and plumbing service to the Premises (excluding the service panels) but is not liable to Tenant for interruption of not less than [***] against liability such service. Landlord shall warrant the major components of Landlord's work for bodily injury including death and personal injury for any a period of one (1) occurrence and [***] property damage insuranceyear (excluding glazing, light bulbs, plugged sinks or combined single limit insurance in the amount of [***]toilets, etc.), after which time Tenant shall assume responsibility for Tenant's obligations listed below. Landlord shall also carry insurance have no obligation to make any repairs or replacements hereunder until the expiration of ten (10) days following written notice from Tenant to Landlord of the need therefor. Should Landlord not make a repair or replacement subsequent to the ten (10) day period noted above, and such repair or replacement is the responsibility of Landlord under this Section 9.1, then Tenant may make the necessary and reasonable repairs and bill Landlord for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above repairs provided Tenant notifiex Xxndlord in this sentence. At the end writing of the first Partial Lease Year and each Lease Year thereafter, the amount thus their intent to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio make such repairs two days prior to the increase commencement of work or decrease in the cost incurring of the premiums paid by Landlord costs for such insurance coveragewhich Tenant will seek reimbursement.

By Landlord. 7.1.1. The Tenant shall cause detailed working drawings to be fully prepared at its expense by a designer of its choice, who shall consult with the Landlord in preparing the same, and shall carry public liability insurance deliver such working drawings to Landlord, on those portions or before May 1, 2000. Such working drawings must be in sufficient detail to allow Landlord to (a) calculate the cost of constructing all of Tenant’s improvements, and (b) obtain a building and any other necessary permits for the construction of Tenant’s improvements. Within five (5) days after Landlord provides Tenant with the calculations of the Common Areas included costs of constructing Tenant’s improvements, Tenant shall approve the working drawings and the costs of construction. Any costs or expenses incurred by Landlord because of changes to the working drawings made by Tenant after final approval of the costs, shall be paid to the Landlord by the Tenant. If (a)(i) the Tenant defaults in furnishing such working drawings to the Total Tract providing coverage Landlord by the time set forth above, (ii) the Tenant fails to give final approval to the working drawings and the costs by the time set forth above, (iii) the Tenant requests any changes to the working drawings after the Tenant has approved the costs of not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insuranceconstruction, or combined single limit insurance (iv) the Tenant has requirements in the amount of [***]. Landlord shall also carry insurance for fireits working drawings that cause unreasonable delays in commencing or completing Tenant’s improvements, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glassb) for the full insurable value as a result thereof, with the Landlord is delayed in commencing and/or completing such deductibles as improvements beyond the dates on which, but for such delay, the Landlord deems advisablewould in its reasonable judgment have commenced or completed them, and (c) such completion occurs after the date which would have been the Commencement Date, then (without altering or impairing the Landlord’s rights under the provisions of this Lease on account of such default, and without altering or impairing any other of Landlord’s rights, including, without limitation, such insurance coverage to include improvements provided by Tenant as rights set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapesSection 5.1.2) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year the Commencement Date shall be the date which would have been the Commencement Date for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share purposes of the cost provisions of the premiums for this Lease, had such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coveragedelay not occurred.

By Landlord. Through the Lease Term and any extensions or renewal thereof, Landlord shall carry public liability insurance on those will (subject to Tenant’s reimbursement obligations, to the extent applicable), keep, maintain, and repair (including replacements, if necessary), maintain or cause to be maintained the structural portions of the roof, foundations, floors and exterior walls of the Office Building, as well as the Office Building Common Areas included in Area and the Total Tract providing coverage Common Area, provided, however, that Tenant will pay the cost of not less than [***] against liability for bodily injury including death and personal injury repairs for any one damage occasioned by Tenant’s use of the Leased Premises, Office Building, or the Common Area (1other than ordinary wear and tear), or any act or omission of Tenant or Tenant’s representatives or invitees, to the extent (if any) occurrence and [***] not covered by Landlord’s property damage insurance, or combined single limit insurance in the amount of [***]. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" Article 6.3). Tenant will immediately report in writing to Landlord any defective condition in the Leased Premises known to Tenant which Landlord is required to repair. Throughout the term of this Lease, Landlord shall provide such maintenance and "C-2" services as typically provided for Class A office buildings in the Minneapolis-St. Xxxx metropolitan area. Landlord hereby reserves the right, at any time and from time to time, at Landlord’s sole expense and without liability to Tenant's Work , and without constituting an eviction, constructive or otherwise, or entitling Tenant to any abatement of rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant’s obligations under this Lease: (excluding wall coveringi) to make alterations, floor coveringadditions, carpeting repairs, improvements to or in or to decrease the size of area of, all or any party of the Office Building, the fixtures and drapesequipment therein, and the systems; (ii) to change the Office Building’s name or street address; (iii) to install and maintain any and all signs on the exterior or interior of the Office Building; (iv) to reduce, increase, enclose or otherwise change at any time and from time to time the size, number, location, lay-out and nature of the common areas (including the Parking Garage) and Landlord's Work as defined other tenancies and premises in Exhibit "C"the Project and to create additional rentable areas through use or enclose of common areas; and (v) if any Governmental Authorities promulgate or revise any law or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions or reduction or management of traffic or parking with the Project, to comply with said controls, whether mandatory or voluntary, or make any alterations to the Project related thereto. Notwithstanding the foregoing, Landlord shall not cause or permit any of the foregoing to materially adversely affect Tenant’s use or enjoyment of, or access to and from, the Leased Premises, and Landlord shall not thereby cause or permit Operating Costs payable by Tenant agrees to pay materially increase. Landlord will provide janitorial service to the Leased Premises five (5) days per week, which cost for said service will be reimbursed to Tenant by Landlord, as additional rentAdditional Rent, 25 cents per year for each square foot along with Tenant’s payment of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverageOperating Costs.

By Landlord. Landlord shall carry public liability insurance on those portions of the Common Areas included in the Total Tract Center providing coverage of not less than [***] $5,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $1,000,000.00 property damage insurance, or combined single limit insurance in the amount of [***]$5,000,000.00. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total TractCenter, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the with full insurable value thereof, replacement cost endorsement with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents the lesser of (a) Tenant's pro rata share per year of the actual cost of Landlord's insurance premiums for the insurance described above or (b) thirty cents (3Oc) per year ------------------ for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage.

By Landlord. Landlord shall carry public liability insurance on those have the right to place, maintain and repair all utility equipment of any kind in, upon, around and under the Leased Premises as may be necessary for the service of the Leased Premises and other portions of the Common Areas included Property, and Landlord (for itself and other tenants in the Total Tract providing coverage of Property) hereby reserves the right to install, maintain, use, repair and replace pipes, ducts, conduits, wires, utilities and structural elements leading through, under and over the Leased Premises in locations which will not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insuranceunreasonably interfere with Tenant’s use thereof so long as same are installed below the finished floor, within or along a wall or column, or combined single limit insurance in above or along the amount of [***]finished ceiling. Landlord shall also carry insurance have the right to enter the Leased Premises at all reasonable times to inspect or to exhibit the same to prospective purchasers, mortgagees, ground lessors and tenants, and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. Landlord shall be allowed to take all material in, to and upon the Leased Premises that may be required in connection with such repairs, additions, alterations or improvements without the same constituting an eviction of Tenant in whole or in part. If the Leased Premises contain means of access to the roof or basement, Landlord shall have the right to enter the Leased Premises at all reasonable times to gain access to said roof or basement to inspect same and to make such repairs, additions, alterations or improvements as Landlord may deem desirable. Landlord may erect such alterations, additions, or improvements to the Property as Landlord in its sole discretion deems reasonably necessary or appropriate for firethe proper maintenance, extended coverageoperation or expansion or improvement of the Property; provided, vandalismhowever, malicious mischief that no such alterations, additions, or improvements shall materially and other endorsements deemed advisable by adversely affect (i) access or visibility to the Leased Premises or (ii) visibility to Tenant’s signs upon the Building and the Property relating to the Leased Premises and Tenant’s business thereat or (iii) the proximity of the Leased Premises to adequate customer parking or (iv) subject to Landlord, insuring all improvements on the Total Tract, including ’s right to relocate the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall coveringthis Lease, floor coveringdiminish the size or usable square feet, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlordor alter the configuration, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost Leased Premises. In connection with Landlord’s rights set forth herein, Landlord and its contractors shall not interfere unreasonably with Tenant’s use and occupancy of the premiums for such insurance described above in this sentenceLeased Premises. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid Landlord shall promptly repair any damages caused by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverageits activities hereunder.

By Landlord. Landlord shall carry public liability insurance on those portions of the Common Areas included in the Total Landlord's Tract providing coverage of not less than [***] $3,000,000.00 against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] $1,000,000.00 property damage insurance, or combined single limit insurance in the amount of [***]$3,000,000.00. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Landlord's Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided by Tenant as set forth in Exhibit "CD" and "C-2D-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "CD"; Tenant agrees to pay Landlord, as additional rent, 25 thirty cents ($.30) per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage.

By Landlord. Landlord shall, subject to reimbursement under Exhibit C, keep the Building’s Structure (except plate glass; windows, doors and other exterior openings; window and door frames, molding, closure devices, locks and hardware; special store fronts; signs, placards, decorations or other advertising media of any type; and interior painting or other treatment of exterior walls), the Building’s Systems serving the Common Areas, and the roof of the Premises in good repair. Landlord, however, shall not be required to make any repairs occasioned by the act or negligence of Tenant, its agents, contractors, employees, subtenants, invitees, customers, licensees and concessionaires (including, but not limited to, roof leaks resulting from Tenant’s installation of air conditioning equipment or any other roof penetration or placement); and the provisions of the previous sentence are expressly recognized to be subject to the casualty and condemnation provisions of this Lease. In addition, Landlord shall, at Tenant’s cost and expense, enter into a regularly scheduled preventive maintenance/service and repair contract with a maintenance contractor for servicing all HVAC systems and equipment serving the Premises. Notwithstanding the foregoing, if the HVAC needs to be replaced sooner than it would otherwise be required to be replaced due to Tenant’s excessive use of such HVAC or due to Tenant’s negligence or willful misconduct, then Tenant shall be responsible at its sole cost and expense for replacing such HVAC component(s). Except as set forth in the preceding sentence, Landlord shall carry public liability insurance on those portions be solely responsible for the cost of replacing the HVAC (or any constituent components thereof) when such replacement becomes necessary. Tenant shall reimburse Landlord for Tenant’s Proportionate Share (as defined in the Basic Lease Information) of the cost for such maintenance/service and repair contract concurrently with Tenant’s payment of Common Area Maintenance Costs (as defined in Exhibit C). In the event that the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord and Landlord shall have a reasonable time after receipt by Landlord of such written notice in which to make such repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed in the Premises or in the Project pursuant to Landlord’s rights and obligations under the Lease. In addition, Landlord shall maintain the Common Areas included in of the Total Tract providing coverage of not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insuranceProject, or combined single limit insurance in the amount of [***]. Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage subject to include improvements provided by Tenant reimbursement as set forth in Exhibit "C" C. To the extent allowed by law, Tenant waives the right to make repairs at Landlord’s expense under Sections 1941 and "C-2" as Tenant's Work (excluding wall covering1942 of the California Civil Code, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees the right to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during terminate the Lease Term, as Tenant's share under Section 1932(1) of the cost California Civil Code, and any other laws, statutes or ordinances now or hereafter in effect of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coveragelike import.

By Landlord. 7.1.1. The Tenant shall cause detailed working drawings to be fully prepared at its expense by a designer of its choice, who shall consult with the Landlord in preparing the same, and shall carry public liability insurance deliver such working drawings to Landlord, on those portions or before May 1, 1999. Such working drawings must be in sufficient detail to allow Landlord to (a) calculate the cost of constructing all of Tenant’s improvements, and (b) obtain a building and any other necessary permits for the construction of Tenant’s improvements. Within five (5) days after Landlord provides Tenant with the calculations of the Common Areas included costs of constructing Tenant’s improvements, Tenant shall approve the working drawings and the costs of construction. Any costs or expenses incurred by Landlord because of changes to the working drawings made by Tenant after final approval of the costs, shall be paid to the Landlord by the Tenant. If (a)(i) the Tenant defaults in furnishing such working drawings to the Total Tract providing coverage Landlord by the time set forth above, (ii) the Tenant fails to give final approval to the working drawings and the costs by the time set forth above, (iii) the Tenant requests any changes to the working drawings after the Tenant has approved the costs of not less than [***] against liability for bodily injury including death and personal injury for any one (1) occurrence and [***] property damage insuranceconstruction, or combined single limit insurance (iv) the Tenant has requirements in the amount of [***]. Landlord shall also carry insurance for fireits working drawings that cause unreasonable delays in commencing or completing Tenant’s improvements, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glassb) for the full insurable value as a result thereof, with the Landlord is delayed in commencing and/or completing such deductibles as improvements beyond the dates on which, but for such delay, the Landlord deems advisablewould in its reasonable judgment have commenced or completed them, and (c) such completion occurs after the date which would have been the Commencement Date, then (without altering or impairing the Landlord’s rights under the provisions of this Lease on account of such default, and without altering or impairing any other of Landlord’s rights, including, without limitation, such insurance coverage to include improvements provided by Tenant as rights set forth in Exhibit "C" and "C-2" as Tenant's Work (excluding wall covering, floor covering, carpeting and drapesSection 5.1.2) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year the Commencement Date shall be the date which would have been the Commencement Date for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share purposes of the cost provisions of the premiums for this Lease, had such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coveragedelay not occurred.

By Landlord. Landlord shall carry public liability insurance on those portions Notwithstanding the foregoing provisions of this Section 8, Tenant may assign or sublease part or all of the Common Areas included in the Total Tract providing coverage of not less than [***] against liability for bodily injury including death and personal injury for Premises without Landlord's consent to: (i) any one (1) occurrence and [***] property damage insurancecorporation or partnership that controls, is controlled by, or combined single limit insurance in is under common control with, Tenant; or (ii) any corporation resulting from the amount merger or consolidation with Tenant or to any entity that acquires all of [***]Tenant's assets as a going concern of the business that is being conducted on the Premises, as long as the assignee or sublessee is a bona fide entity and assumes the obligations of Tenant, and continues the same Permitted Use as provided under Section 3. However, Landlord must be given prior written notice of any such assignment or subletting, and failure to do so shall be a default hereunder. Landlord will never consent to an assignment or sublease that might result in a use that conflicts with the rights of an existing tenant under its lease. In no event shall also carry insurance for firethis Lease be assignable by operation of any law, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto (excluding Tenant's merchandiserights hereunder may not become, trade fixtures, furnishings, equipment, personal property and excluding plate glass) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided shall not be listed by Tenant as set forth in Exhibit "C" an asset under any bankruptcy, insolvency or reorganization proceedings. Tenant is not, may not become, and "C-2" as Tenant's Work (excluding wall coveringshall never represent itself to be an agent of Landlord, floor covering, carpeting and drapes) and Tenant acknowledges that Landlord's Work as defined title is paramount, and that it can do nothing to affect or impair Landlord's title. If Landlord consents to any assignment or subletting, Tenant shall pay all reasonable out-of-pocket costs and expenses incurred by Landlord in Exhibit "C"; connection with the assignment or sublease transaction, including Landlord's reasonable attorneys' fees. If this Lease shall be assigned or the Premises or any portion thereof sublet by Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on at a rental that exceeds the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus rentals to be paid by Tenant to Landlord hereunder, attributable to the Premises or portion thereof so assigned or sublet, then fifty percent (50%) of any such excess shall be adjusted upward or downward (but paid over to Landlord by Tenant. If Landlord assists Tenant in finding a permissible subtenant, Landlord shall never be less than paid a fee for such assistance in addition to a fee in an amount necessary to cover the above amount) in direct ratio subtenant's improvements to the increase Premises or decrease in the cost of the premiums paid by Landlord for such insurance coverageany portion thereof so assigned or sublet.

By Landlord. Subject to the limitations in this Section 14, Landlord shall carry public liability insurance on those portions (i) at Landlord’s sole cost and expense, make all replacements to the roof, the structural components of the Common Areas included roof, and structural components of the Base Building Improvements, including, without limitation, the exterior walls, load bearing walls, beams, columns, structural aspects of floor slabs, and foundations of the Base Building Improvements and replacements thereof (collectively the "Structural Components") and (ii) at Landlord’s cost and expense, but subject to Tenant’s reimbursement obligations under Section 14(c), make all capital replacements to the electrical, fire and life safety, mechanical, heating, ventilating and air conditioning, plumbing, drainage, elevator and other major operating systems installed as part of the Base Building Improvements and replacements thereof (the “Building’s Systems”), each to the extent necessary to keep the Structural Components and the Building’s Systems in good condition and repair consistent with First Class Building Standards (normal wear and tear excepted) and in compliance with Legal Requirements. Notwithstanding anything contained herein to the Total Tract providing coverage contrary, Landlord shall not be obligated to replace any Structural Component or Building System to the extent such Structural Component or Building System is repaired in a manner which will cause the Building to continue to be operated in accordance with the First Class Building Standards and Legal Requirements. Subject to Section 17(c) and excluding any damage that is caused as a result of not less than [***] against liability casualty or condemnation, within thirty (30) days following Tenant’s receipt of any invoice from Landlord evidencing the costs hereafter described in this Section 14(a), Tenant shall reimburse Landlord for bodily injury including death and personal injury for its out-of-pocket costs incurred in connection with any one replacement to the Structural Components or the Building Systems to the extent such replacement is required due to either (1i) occurrence and [***] property damage insurancecaused by Tenant or any agent, contractor, or combined single limit insurance in the amount employee of [***]Tenant or (ii) Tenant’s failure to maintain and/or repair such Structural Component or Building System as required pursuant to Section 14(b) below. In addition, Landlord shall also carry insurance for fire, extended coverage, vandalism, malicious mischief and other endorsements deemed advisable by Landlord, insuring all improvements on the Total Tract, including the Premises and all leasehold improvements thereon and appurtenances thereto not be obligated to replace any Structural Component or Building System if either (excluding Tenant's merchandise, trade fixtures, furnishings, equipment, personal property and excluding plate glassA) for the full insurable value thereof, with such deductibles as Landlord deems advisable, such insurance coverage to include improvements provided a warranty held by Tenant as set forth is in Exhibit "C" effect which actually covers the replacements or repair of such Structural Component or Building System or (B) any warranty in effect with respect to such Structural Component or Building System and "C-2" as which would otherwise cover the replacement or repair of such Structural Component or Building System has been voided by the act or omission of Tenant or any agent, contractor or employee of Tenant's Work (excluding wall covering, floor covering, carpeting and drapes) and Landlord's Work as defined in Exhibit "C"; Tenant agrees to pay Landlord, as additional rent, 25 cents per year for each square foot of Store Floor Area payable in equal installments on the first day of every calendar month during the Lease Term, as Tenant's share of the cost of the premiums for such insurance described above in this sentence. At the end of the first Partial Lease Year and each Lease Year thereafter, the amount thus to be paid by Tenant shall be adjusted upward or downward (but shall never be less than the above amount) in direct ratio to the increase or decrease in the cost of the premiums paid by Landlord for such insurance coverage.