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Exhibit A to Lease Assignment and Assumption
<br />out of the ownership, use, occupancy or maintenance of the Premises, and all areas appurtenant
<br />thereto. In no event shall the limits of said policy be considered as limiting the liabilities of
<br />Landlord under this Lease.
<br />10.2 CassiaIta Insurance. Landlord, at its expense, shall maintain in effect
<br />policies of insurance covering (a) the Premises, leasehold improvements, fixtures and equipment
<br />located on the Premises, for the full replacement value, and providing protection against any
<br />peril included within the classification "Fire and Extended Coverage", together with insurance
<br />against sprinkler damage (if the building has a sprinkler system installed), vandalism and
<br />malicious mischief; and (b) all plate glass on the Premises, but specifically excluding Tenant's
<br />personal property. Tenant will self -insure its machinery, equipment, trade fixtures, furnishings
<br />and inventory. The proceeds of such insurance, so long as this Lease remains in effect, shall be
<br />used to repair or replace the Premises leasehold improvements, fixtures, equipment and plate
<br />glass so insured.
<br />10.3 Insurance Policies. All insurance policies shall name Landlord as
<br />additional insured and shall be with loss -payable clauses satisfactory to Landlord, and copies of
<br />certificates evidencing suchinsurance shall be delivered to Landlord by Tenant. No such policy
<br />shall be cancelable or amendable except after thirty (30) days' written notice to Landlord.
<br />10.4 Waiver of Subro ation. Landlord and Tenant mutually agree to waive
<br />their right of recovery against each other, and their respective officers, employees or agents, for
<br />losses or damages occurring to the Premises, improvements, contents, other property of the
<br />waiving party or under its control, or business interruptions related to the loss or damage to such
<br />property. However, the parties agree that this waiver applies only to Iosses covered by valid and
<br />collectible insurance, and only to the extent that such insurance applies, and not in excess of the
<br />amount collectible from such insurance. The waiver shall not apply to damages in excess of the
<br />amount collectible from such insurance. Permission to grant this waiver is to be included in the
<br />provisions of the insurance policies now carried by both Landlord and Tenant. The continuation
<br />of this mutual waiver of subrogation is subject to the insurance continuing to grant this option on
<br />renewal policies.
<br />10.5 Indemnity by Tenant. Except for any act, omission, fault or negligence
<br />of Landlord or Landlord's agents, employees, representatives or invitees, but subject to the
<br />provisions of Paragraph 10.4 hereinabove, Tenant shall indemnify and hold Landlord harmless
<br />from and against any and all claims of third parties arising from Tenant's use of the Premises, or
<br />from the conduct of Tenant's business, or from any activity, work or things done, permitted or
<br />suffered by Tenant in or about the Premises; and, subject to the provisions of Paragraph 10.4,
<br />Tenant shall further indemnify and hold harmless Landlord from and against any and all other
<br />claims arising from the negligence of Tenant, or any of Tenant's agents, contractors, or
<br />employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the
<br />defense of any such claim or any action or proceeding brought thereon; and, in case any action or
<br />proceeding be brought against Landlord by reason of any such claim, Tenant, upon written notice
<br />from Landlord, shall defend the same at Tenant's expense. The liability of Tenant, and any
<br />indemnities provided by Tenant, shall not extend to hazardous materials that were not placed in,
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