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DRAFT <br /> or injury to or death of persons to the extent the same is covered or indemnified by proceeds <br /> received from any such insurance, or for which reimbursement is otherwise received. Landlord's <br /> and Tenant's respective policies of insurance shall each contain a waiver of subrogation <br /> provision incorporating the above covenant and providing that the insurance shall not be <br /> invalidated by the insured's written waiver prior to a loss of any or all right of recovery against <br /> any party for any insured loss. It is expressly understood that Landlord shall not be liable to <br /> Tenant for any damages incurred by the latter as a result of the above and foregoing events; save <br /> and except as to any such damages caused by the willful or wanton conduct of Landlord, its <br /> agents or employees, provided such damages are not recoverable by Tenant pursuant to the <br /> insurance policies required to be provided by Tenant under this Lease or otherwise. <br /> 11. WAIVER AND INDEMNITY: <br /> Notwithstanding anything apparently to the contrary in this Lease, Landlord and its <br /> partners, officers and employees and property manager shall not be liable to Tenant, and Tenant <br /> hereby releases such parties from all damage, compensation or claims from any cause other than <br /> the intentional misconduct of Landlord or its partners, officers or employees or property manager <br /> arising from: loss or damage to personal property or trade fixtures in the Premises including <br /> books, records, files, computer equipment, computer data, money, securities, negotiable <br /> instruments or other papers; lost business or other consequential damage arising out of <br /> interruption in the use of the Premises; and any criminal act by any person other than Landlord <br /> or its partners, officers or employees. Furthermore, Tenant agrees that Landlord, its officers, <br /> agents, partners, and employees shall not be liable to Tenant or those claiming through or under <br /> Tenant for any injury, death or property damage occurring in, on or about the Premises, the <br /> Building or grounds. <br /> Tenant agrees to indemnify, defend and hold Landlord and its partners, officers and <br /> employees and property manager harmless from and against any claim, loss or expense arising <br /> out of injury, death or property loss or damage occurring by reason of Tenant's use of the <br /> Premises, except only to the extent caused by the negligent act or intentional misconduct of <br /> Landlord or its partners, officers or employees or property manager. <br /> Nothing in this Lease shall constitute a waiver or limitation of the Landlord's immunities <br /> or limitations on liability as set froth in Minnesota Statutes, Chapter 466. <br /> 12. INSURANCE: <br /> Tenant agrees to purchase, in advance, and to carry in full force and effect the following <br /> insurance: <br /> (a) "All risk" property insurance covering the full replacement value of all of <br /> Tenant's leasehold improvements, trade fixtures and personal property within the Premises. <br /> Landlord shall be named as loss payee under all such policies. <br /> (b) Commercial general liability insurance, providing coverage on an <br /> "occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily <br /> Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Lease), and <br /> 6 <br /> 416585v5 SJR MU210-35 <br />