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<br />installed on the Site by Subtenant is not timely removed, Landlord will have the absolute
<br />right without notice to remove such equipment at Subtenant's sole cost and expense.
<br />6. Indemnity. Subtenant agrees to indemnify, save harmless, and defend
<br />Landlord, its directors, officers, employees from and against any and all claims, actions,
<br />damages, liability and expense in connection with personal injury, damage to property, or
<br />economic loss, arising from or out of any occurrence in, upon or at the Site under its Site
<br />Sublease caused by the act or omission of the parties, or any of their officials, agents,
<br />employees, contractors, customers, others acting in concert with them, or any third
<br />parties, except to the extent that such injury or loss was caused by the gross neglect or
<br />willful misconduct of Landlord, or Landlord's agents, employees or contractors. I
<br />connection with such indemnity, Subtenant shall be liable to Landlord for the latter's
<br />payment of any and all court costs, expenses of litigation, reasonable attorneys' fees and
<br />any judgment for damages, whether designated as nominal, compensatory, or punitive,
<br />that may be entered therein.
<br />7. Insurance. Subtenant must during the term of its Site Sublease and at
<br />Subtenant's sole cost and expense, obtain and maintain not less than the following
<br />insurance:
<br />7.1 Property insurance, including coverage for fire, extended coverage,
<br />vandalism and malicious mischief upon all Subtenant's property located on the
<br />Site in an amount of not less than 90% of the full replacement cost;
<br />7.2 Commercial General Liability written on an occurrence basis insuring
<br />operations hazards, independent contractor, hazard, contractual liability with
<br />limits of not less than $3,000,000 combined single limit for each occurrence for
<br />bodily injury, personal injury, death and property damage liability, which may be
<br />met through a combination of primary and excess insurance, naming Landlord as
<br />an additional insured;
<br />7.3 Statutory Worker's Compensation and Employer's Liability insurance;
<br />and
<br />7.4 Automobile Liability insurance in an amount not less than $1,000,000
<br />combined single limit for bodily injury, death and property damage. Insurance
<br />will include coverage for all vehicles including hired and non - owned.
<br />7.5 All insurance policies must be taken out with reputable insurance
<br />companies that are licensed to conduct business in the jurisdiction where the Site
<br />is located and all insurers must be rated A -:VIII or better, unless Landlord has
<br />agreed, in writing, such consent not to be unreasonably withheld, conditioned or
<br />delayed, to Tenant's intentions to self - insure. Prior to entering the Site, Subtenant
<br />must deliver to Landlord certificates of insurance representing the required
<br />coverages must contain an endorsement that there will be no material change,
<br />reduction in coverage, cancellation or termination of the insurance coverage
<br />3
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