9038-18 - Lease with Cleveland Clinic at 1450 Belle, 3rd Floor

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(h) Water, snow or ice being upon or coming through the roof, stairs, doorways, foundations, walks, or any other place upon or near the Building, the Property or the Premises; 0) Falling of any fixture, plaster, tile or stucco; and Q) Any act, omission or negligence of any tenant, licensee, trespasser, tortfeasor, or other person in or about the Building and the parking areas. 9. INSURANCE 9.1 Building and Property Insurance: Landlord shall at all times throughout the Term either self- insure, or maintain fire, extended coverage and casualty insurance covering the Building in an amount or amounts not less than ninety percent (90 %) of the full replacement cost of the Building. Tenant shall maintain insurance on its property in the Premises in an amount equal to the full insurable value thereof. 9.2 Waiver of Subrogation: Landlord and Tenant hereby waive all rights of recovery and causes of action which either has or may have or which may arise hereafter against the other, whether caused by negligence, intentional misconduct or otherwise, for any damage to the Premises, or the Building, or any other property or business caused by any of the perils covered by a standard fire insurance policy with extended coverage, vandalism and malicious mischief endorsements, building and contents and business interruption (if applicable) insurance, or for which either party may be reimbursed as a result of insurance coverage affecting any loss suffered by it; 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 commercial general liability insurance, including personal injury, death and property damage insurance, issued in an amount not less than Two Million Dollars ($2,000,000) per occurrence. Landlord shall be named as an additional insured party 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 certificates showing such insurance or self- 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, not less than thirty (30) days prior to any adverse material change, cancellation or other termination thereof, or ten (10) days for cancellation due to non - payment of premium. Tenant shall also either self- insure, or 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. Contract ID 4161927