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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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