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(d) Waiver and Release. Landlord shall not be liable to Tenant, or its directors,
<br />officers, shareholders, agents, employees, invitees, subtenants, contractors or licensees, for any
<br />loss, injury or damage to Tenant or any other person, or to its or their property, irrespective of
<br />the cause of such injury, damage or loss, unless, and then only to the extent, it is caused by or
<br />results from the gross negligence or willful misconduct of Landlord or its employees without
<br />contributory negligence on the part of Tenant or any of its directors, officers, shareholders,
<br />employees, agents, invitees, subtenants, licensees or contractors. As a material part of the
<br />consideration to Landlord for this Lease, Tenant hereby waives and releases all claims against
<br />Landlord with respect to all matters for which Landlord has disclaimed liability pursuant to the
<br />provisions of this Lease.
<br />16. INSURANCE/WAIVER OF SUBROGATION.
<br />(a) Tenant Insurance. Tenant shall, throughout the Term, at its own expense,
<br />keep and maintain in full force and effect each and every one of the following policies, each of
<br />which shall be endorsed as needed to provide that the insurance afforded by these policies is
<br />primary and that all insurance carried by Landlord is strictly excess and secondary and shall not
<br />contribute with Tenant's liability insurance:
<br />(i) A policy of commercial general liability insurance, including a
<br />contractual liability endorsement covering Tenant's obligations under
<br />Section 15 above, insuring against claims of bodily injury and death or
<br />property damage or loss with a combined single limit at the
<br />Commencement Date of this Lease of not less than Two Million Dollars
<br />($2,000,000.00) per occurrence and location. Tenant shall include
<br />Landlord and, at Landlord's request, Landlord's mortgage lender(s) as
<br />additional insureds. The limit shall be reasonably increased during the
<br />Term at Landlord's request.
<br />(ii) "Special Form" property insurance (which is commonly called "all
<br />risk") covering Tenant Alterations and any and all furniture, fixtures,
<br />equipment, inventory, improvements and other property in or about the
<br />Leased Premises which is not owned by Landlord, for the then, entire
<br />current replacement cost of such property.
<br />(iii) A policy of worker's compensation insurance if and as required by
<br />applicable law and employer's liability insurance with limits of no less than
<br />One Million and No/100 Dollars ($1,000,000.00).
<br />(iv) In the event Tenant acquires company automobiles, a policy of
<br />comprehensive automobile liability insurance, including loading and
<br />unloading, and covering owned and hired vehicles with limits of no less
<br />than One Million Dollars ($1,000,000.00) per occurrence.
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