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8.1. Tenant's Liability Insurance. Tenant, at its expense, shall maintain during the Term, commercial
<br />general liability insurance on the Premises covering Tenant as the named insured and identifying Landlord as an
<br />"additional insured" with terms satisfactory to Landlord and with companies qualified to do business in the State, for
<br />limits of not less than $700,000.00 for bodily injury, including death resulting therefrom, and personal injury for any
<br />one (1) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount of
<br />$6,000,000.00. At all times, Tenant shall maintain limits naming Landlord as an "additional insured" in an amount
<br />sufficient to cover any possible liability Landlord may have pursuant the amounts set forth at Indiana Code § 34-13-
<br />3-4, as the same may be amended, superseded or recodified from time to time.
<br />8.2. Hazardous Materials Coverage. Notwithstanding the above mentioned commercial general
<br />liability insurance policy limit for Tenant, if Tenant does or intends to bring, possess, use, store, treat or dispose any
<br />Hazardous Material in or upon the Premises or the Building, Tenant shall purchase additional public liability
<br />insurance and supply Landlord with certificates of insurance reflecting the additional insurance, with coverage of no
<br />less than $5,000,000.00 and purchase environmental impairment liability insurance with coverage of not less than
<br />$5,000,000.00 with a deductible of not greater than $50,000.00 to insure that anything contaminated with or by the
<br />Hazardous Material be removed from the Premises and/or the Building, and that the Premises and/or the Building be
<br />restored to a clean, neat, attractive, healthy, sanitary and non-contaminated condition.
<br />8.3. Dram Shop Covera~. In addition to the insurance required under this Article VIII, for any such
<br />period of time as Tenant shall serve liquor or other alcoholic beverages in or from the Premises, Tenant agrees to
<br />maintain minimum limits of coverage of at least $2,000,000 covering "liquor law" liability (sometimes also known
<br />as '`dram shop" insurance) which shall insure Tenant, as the named insured, and Landlord, as the additional insured,
<br />and all those claiming by, through or under Landlord, against any and all claims, demands or actions for personal or
<br />bodily injury to, or death of, one person or multiple persons in one or more accidents, and for damage to property, as
<br />well as for damages due to loss of means of support, loss of consortium, and the like so that at all times Landlord
<br />will be fully protected against claims that may arise by reason of or in connection with the sale and dispensing of
<br />liquor and alcoholic beverages in and from the Premises.
<br />8.4. Tenant's Additional Insurance. Tenant shall comply with the provisions of the applicable
<br />workers' compensation laws, and shall insure its liability thereunder. Tenant, at its expense, shall maintain plate
<br />glass insurance covering all exterior plate glass in the Premises or shall be obligated to promptly replace any
<br />damaged exterior glass, to the satisfaction of the Landlord within five (5) days of the occurrence of such damage. In
<br />the event that the Tenant neither obtains insurance providing for the immediate repair of the damaged glass nor
<br />repairs said damage to the satisfaction of the Landlord within five (5) days of the occurrence of such damage, the
<br />Landlord may have the damaged glass repaired at the Tenant's expense.
<br />8.5. Policies. All policies of insurance required by this Article to be maintained by Tenant shall: (a) be
<br />in a form, and maintained with an insurer, reasonably satisfactory to Landlord; and (b) provide that such policies
<br />shall not be subject to cancellation, termination, or change without written notice to Landlord at least thirty (30)
<br />days in advance. Tenant shall deposit with Landlord the policy or policies of insurance required to be maintained by
<br />Tenant pursuant to this Article VIII, or proper certificates of such insurance, duly executed by the insurance
<br />company or the general agency writing such policies and effective not later than the Commencement Date. Tenant
<br />shall deposit appropriate renewal or replacement policies or certificates with Landlord not less than ten (10) days
<br />prior to the expiration of any such policy or policies. Tenant shall also furnish Landlord with certificates evidencing
<br />such coverages from time to time upon Landlord's request. If Tenant shall fail to timely procure or renew any of the
<br />insurance required under this Article VIII, Landlord may obtain replacement coverage and the cost of same shall be
<br />deemed Additional Rent payable by Tenant with the next installment of Rent thereafter becoming due and payable.
<br />8.6. Indemnity.
<br />(a) Definition of "Loss." The term °`Loss,'° as used throughout this Lease, shall mean any and all
<br />claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action, and
<br />losses of any and every kind and nature (including. without limitation, sums paid in settlement of claims and for
<br />attorney's fees and court costs).
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