Lease Agreement - Catalyst Two LLC - IT Lease at Innovation Park

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DocuSign Envelope ID: Y1383184-62B8-4211-I306A-AD20CB7020F8 (a) During the Lease Term (and any period of early entry or occupancy or holding over by Tenant, if applicable), Tenant shall maintain the following types of insurance, in the amounts specified below: (1) L abilit lam asuraticg. The parties acknowledge that Tenant is self -insured for general liability risk; additionally, notwithstanding anything in this Lease to the contrary, Tenant does not waive any governmental immunity or liability limitations available to it under Indiana law. (ii) 1'io e„ice Instirance. Special Form Insurance (which insurance shall not exclude flood or earthquake coverage) in the amount of the full replacement cost of Tenant's Property and betterments (including alterations or additions performed by Tenant pursuant hereto, but excluding those improvements, if any, made pursuant to Section �2.2 above), which insurance shall not contain coinsurance limitations. (111) Worker's Conipeiisation Insurana e. Worker's Compensation insurance in amounts required by applicable law. (b) All insurance required by Tenant hereunder shall be issued by one or more insurance companies reasonably acceptable to Landlord, licensed to do business in the State in which the Leased Premises is located and having an AM Best's rating of A IX or better. On or before the Commencement Date (or the date of any earlier entry or occupancy by Tenant), and thereafter, within a reasonable time prior to the expiration of each such policy, Tenant shall furnish Landlord with certificates of insurance in the form of ACORD 28 (or other form reasonably acceptable to Landlord), evidencing all required coverages. If Tenant fails to carry such insurance and furnish Landlord with such certificates of insurance, then, after due inquiry, Landlord may obtain such insurance on Tenant's behalf and Tenant shall reimburse Landlord upon demand for the cost thereof as additional rent. S.ection...8....5 Landlord's Inswance. During the Lease Term Landlord shall maintain the following types of insurance, in the amounts specified below (the cost of which shall be included in Operating Expenses): (a) I rabifi.l r.all ttr,iml�ml qe. Commercial General Liability Insurance (which insurance shall not exclude blanket, contractual liability, broad form property damage, personal injury, or fire damage coverage) covering the Common Areas against claims for bodily injury or death and property damage, which insurance shall provide coverage on an occurrence basis with a per occurrence limit of not less than $2,000,000 for each policy year, which limit maybe satisfied by any combination of primary and excess or umbrella per occurrence policies. (b) 1'rop [.Yt It1 alanc Special Form Insurance (which insurance shall not exclude flood or earthquake) in the amount of the full replacement cost of the Building, including, without limitation, any improvements, if any, made pursuant to Scetion 2.2 above, but excluding Tenant's Property and any other items required to be insured by Tenant pursuant to Section 8.4 above. LEASE AGREEMENT— CITY OF Sou-ni BEND AT IGNITION PARK PAGE 9