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prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly
<br /> understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a
<br /> result of the above and foregoing events; save and except as to any such damages caused by the
<br /> willful or wanton conduct of Landlord, its agents or employees, provided such damages are not
<br /> recoverable by Tenant pursuant to the insurance policies required to be provided by Tenant under
<br /> this Lease or otherwise.
<br /> 11. WAIVER AND INDEMNITY:
<br /> Notwithstanding anything apparently to the contrary in this Lease,Landlord and its partners,
<br /> officers and employees and property manager shall not be liable to Tenant, and Tenant hereby
<br /> releases such parties from all damage, compensation or claims from any cause other than the
<br /> intentional misconduct of Landlord or its partners,officers or employees or property manager arising
<br /> from: loss or damage to personal property or trade fixtures in the Premises including books,records,
<br /> files,computer equipment,computer data,money,securities,negotiable instruments or other papers;
<br /> lost business or other consequential damage arising out of interruption in the use of the Premises;
<br /> and any criminal act by any person other than Landlord or its partners, officers or employees.
<br /> Furthermore, Tenant agrees that Landlord,its officers,agents,partners,and employees shall not be
<br /> liable to Tenant or those claiming through or under Tenant for any injury,death or property damage
<br /> occurring in, on or about the Premises,the 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 out of
<br /> injury,death or property loss or damage occurring by reason of Tenant's use of the Premises,except
<br /> only to the extent caused by the negligent act or intentional misconduct of Landlord or its partners,
<br /> officers or employees or property manager.
<br /> Nothing in this Lease shall constitute a waiver or limitation of the Landlord's immunities or
<br /> limitations on liability as set forth 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 /> Independent Contractors, in current Insurance Services Office form or other form which provides
<br /> coverage at least as broad. Tenant shall maintain a combined policy limit of at least $2,000,000
<br /> aggregate $1,000,000 per occurrence applying to Bodily Injury, Property Damage and Personal
<br /> Injury,which limit may be satisfied by Tenant's basic policy, or by the basic policy in combination
<br /> with umbrella or excess policies so long as the coverage is at least as broad as that required herein.
<br /> 6
<br /> 416585v5 SJR MU210-35
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