8869-16 Lease Agreement with Lakewood Child Care Center

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provided, however, that the foregoing waivers shall apply only to the extent of any recovery made by the parties hereto under any policy of insurance now or hereafter Issued and further that the foregoing waivers do not invalidate any policy of insurance of the parties hereto, now or hereafter issued. The waivers set forth herein shall not apply in any case In which the application thereof would result in the Invalidation of any such policy of insurance. Any additional premium caused by these waivers of subrogations shall be paid by the party benefited thereby. 9.3 Liability Insurance: Tenant shall, at Its sole cost and expense, obtain and maintain throughout the Term and any extension thereof one or more policies of comprehensive general liability Insurance, including personal injury, death and property damage insurance, issued by a responsible Insurance company or companies authorized to do business in the State of Ohio in an amount not less than Two Million Dollars ($2,000,000) and providing a combined single limit of not less than Two Million Dollars ($2,000,000) for Injury, death or property damage to one or more persons. Landlord and Landlord's management agent, North Pointe Realty, Inc., shall be named as additional Insured parties under said self- Insurance or policies. At the commencement of the Term and thereafter at any time within ten (10) days after Landlord's request therefor, Tenant shall deposit with Landlord a copy of all such policies or certificates showing such insurance to be In force with all current premiums therefor paid. All such policies shall contain an undertaking by the Insurers to notify the Landlord, in writing, by registered or certified mail, not less than thirty (30) days prior to any material change, cancellation or other termination thereof. Tenant shall also either self - Insure, or shall obtain and maintain throughout the Term such other forms of insurance as Landlord may reasonably require from time to time, in form and amounts and Insuring against risks included within fire, extended coverage, vandalism, malicious mischief and all -risk coverages. Landlord shall, at its sole cost and expense, either self - insure, or shall obtain and maintain throughout the Term and any extension thereof one or more policies of comprehensive general liability Insurance, Issued by a responsible Insurance company or companies authorized to do business in the State of Ohio in an amount not less than any amounts of Insurance required to be obtained and maintained by Tenant under the Terms of this Agreement. if permitted by Landlord's liability carrier, Tenant shall be named as an additional insured party under any such insurance policies described in this section which are required to be obtained and maintained by Landlord. 10. DAMAGE OR DESTRUCTION If at any time during the Initial Term or any extension thereof, the whole or a substantial portion of the Building or Premises is so damaged or destroyed by fire or other casualty and such damage or destruction materially affects Tenant's ability to conduct normal business operations in the Premises and such damage cannot reasonably be expected to be repaired within one hundred twenty (120) days, then either Landlord or Tenant may elect to terminate the Lease by so notifying the other within thirty (30) days after the date of the damage or destruction, specifying a date for termination that shall be not less than thirty (30) days from the date of such notice; provided that Landlord give Tenant notice within thirty (30) days of the occurrence of such damage of whether or not the Premises will be repaired within the one hundred twenty (120) days. If neither Landlord nor Tenant so elect to terminate this Lease, then Landlord shall promptly commence to repair and