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<br />commercial general liability insurance on the Premises covering Tenant as the named insured and
<br />identifying Landlord as an "additional insured" with terms satisfactory to Landlord and with
<br />companies qualified to do business in the State, for limits of not less than $1,000,000.00 per
<br />occurrence for bodily injury, including death resulting therefrom, and personal injury for any one
<br />(1) occurrence, $1,000,000.00 property damage insurance, or a combined single limit in the amount
<br />not less than $5,000,000.00. At all times, Tenant shall maintain limits naming Landlord as an
<br />"additional insured" in an amount sufficient to cover any possible liability Landlord may have
<br />pursuant the amounts set forth at Indiana Code § 34-13-3-4, as the same may be amended,
<br />superseded or recodified from time to time. All insurance required to be carried by Tenant under
<br />this Lease shall be primary to and non‑contributory with any insurance maintained by Landlord.
<br />Any insurance maintained by Landlord shall be excess and not contributing with Tenant’s
<br />insurance, regardless of any provision in Landlord’s policies to the contrary. Each policy of
<br />insurance required to be carried by Tenant under this Lease shall include an express waiver of
<br />subrogation in favor of Landlord, its members, managers, officers, employees, agents, and
<br />mortgagees. Tenant shall cause its insurers to issue endorsements evidencing such waivers. All
<br />insurance obligations of Tenant under this Lease shall continue in full force and effect during any
<br />period of Tenant’s occupancy of the Premises after the expiration or earlier termination of the
<br />Term, whether or not such occupancy is with Landlord’s consent.
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<br />9.2 Coverage Verification. All policies of insurance required by this Article to be
<br />maintained by Tenant shall: (a) be in a form, and maintained with an insurer, reasonably satisfactory
<br />to Landlord; and (b) provide that such policies shall not be subject to cancellation, termination, or
<br />change without written notice to Landlord at least thirty (30) days in advance. Tenant shall
<br />deposit with Landlord the policy or policies of insurance required to be maintained by Tenant
<br />pursuant to this Article, 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 Effective Date.
<br />Tenant shall deposit appropriate renewal or replacement policies or certificates with Landlord not
<br />less than ten (10) days prior to the expiration of any such policy or policies. Tenant shall also furnish
<br />Landlord with certificates evidencing such coverages from time to time upon Landlord's request. If
<br />Tenant shall fail to timely procure or renew any of the insurance required under this Article,
<br />Landlord may obtain replacement coverage and the cost of same shall be payable by Tenant with
<br />the next installment of Rent thereafter becoming due and payable.
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<br />9.3. Indemnity.
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<br />(a) Definition of Loss. The term "Loss," as used throughout this Lease, shall mean
<br />any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits,
<br />proceedings, actions, causes of action, and losses of any and every kind and nature (including,
<br />without limitation, sums paid in settlement of claims and for attorney's fees and court costs).
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<br />(b) Definition of Indemnify. The term "Indemnify," as used throughout this Lease,
<br />shall mean that Tenant shall indemnify Landlord, save it harmless and, at Landlord's option,
<br />defend Landlord, and its contractors, agents, employees, members, managers, officers, and
<br />mortgagees, if any, from any Loss arising out of the condition specified in the particular
<br />indemnity provision.
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