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W Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Data or any earlier termination date,
<br />with all of the improvements, parts and surfaces thereof broom clean and free ordebris, and in good operating order, condition and state
<br />of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or dales ioration that would have been
<br />prevented by gmid maintenance practice. Notwithstanding the foregoing, if this Lcmc 'a for 12 months or less, then Lessee shall
<br />surrender the Premises in the same condmon as dclivc%d to Lessee on the Start Data with NO allowance or ordinary swear and tear.
<br />Lessee shall repair any damage occasioned by the installation, maintenance of removal or Trade Firaures, Lessee ffianed Alterations
<br />and/or Utility Installations, furnishings. and equipment as well as the removal of any storage tank installed by or for Lessec. Lcssee shall
<br />also eompletcly remove from the Premises any and all Hazardous Substances brought onto the Premiscs b} or for Lessec. or any third
<br />Party (except Hazardous Substances which were deposited On underground migration from areas outside ol'the Premises), even if such
<br />emovnl v.ould requii� Lessee to perform or pay for work that exiseds sl'atuloty r cluucments. Trade Fixture•; shall remain the property
<br />c'Le,see and shall be removed by Losec. Any persnnal fruperty oh Lessec not removed nn or bel"arc the E:mirauon Dat u' .my earlier
<br />termination date shall be deemed to have been abandoned by Lessee and n',ay be disposed of or retained by Lessor as Lessor may desire.
<br />I he failure by Lessee to tin vly vacate the Premises pursuant w this Paragraph 7.4(c) without the express wriucn consent of Lessor shall
<br />constitute a holdover under the provisions of 26 below.
<br />8. Insurance; Indemnity.
<br />8.1 Payment of Premiums. The cost of the premiums for the insurance policies required to be carried by Lessor, pursuant
<br />to Paragraphs M2 b), 83(a) and 8.3(b), shall be a Common Area Operating Expense, PnLaiul fe+pelity peri&d's amu enelrw-pfhr
<br />ta; of esHend+ne be}end;-fhe ie+m 4 this Lease shafl be -I rFi ted to eeineitie %ith-the ccrrespend+nu Start Late of £-xpiratien Bete -Or
<br />evidence of self insured retention in the some amount.
<br />8.2 Liability Insurance.
<br />(a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of
<br />insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage
<br />based upon or arising out of the ownership, use, occupancy or maintenance or the Premises and all areas appurtenant thereto. Such
<br />Insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an
<br />annual aggregate of not less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement w least as
<br />broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors or Premises" Endorsement. The policy shall not
<br />contain any intra -insured exclusions as between insured persons or organizations, but shall include coverage ror liability assumed under
<br />this Lease as an "insured contract" [or the performance of Lessee's indemnity obligations under this Lcase. The limits orsid insurance
<br />shall not limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability
<br />policy(ics) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose
<br />insurance shall be considered excess insurance only.
<br />(b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in
<br />addition to, and not in lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured
<br />therein.
<br />8.3 Property Insurance • Building, Improvements and Rental Value.
<br />(a) Building and Improvements. Lessor shall obtain and keep in rorce a policy or policies or
<br />insurance in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the
<br />Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Promises, as the same shall exist
<br />from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable
<br />value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by
<br />Lessee not by Lessor. If thecoverage is available and commercially appropriate, such policy or policies shall insure against all risks of
<br />direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender), including coverage for debris
<br />removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of
<br />any portion of the Premises as the result ora covered loss. Said policy or policies shall also contain an agreed valuation provision in lieu
<br />of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance
<br />coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers
<br />for the city nearest to where the Premises are located.
<br />(b) Rental Value. Lessor shall also obtain and keep in force a policy or policies in the name of Lessor
<br />with loss payable to Lessor and any Lender, insuring the loss or the full Rent for one yew with an extended period of indemnity for an
<br />additional 180 days ("Rental Value Insurance"), Said insurance shall contain an agreed valuation provision in lieu of any coinsurance
<br />clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, I'or the next 12
<br />month period.
<br />(c) Adjacent Premises. Lessee shall pay for any increase in the premiums for the property insurance
<br />of the Building and for the Common Areas or other buildings in the Shopping Center if said increase is caused by Lessee's acts,
<br />omissions, eseeef eeeepaneyel tke-grentises:
<br />LI
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