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<br />416585v5 SJR MU210-35
<br />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 />
<br /> 11. WAIVER AND INDEMNITY:
<br />
<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 />
<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 />
<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 />
<br /> 12. INSURANCE:
<br />
<br /> Tenant agrees to purchase, in advance, and to carry in full force and effect the following
<br />insurance:
<br />
<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 />
<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.
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