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insured's written waiver prior to a loss of any or all right of recovery against any party for any
<br />insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages
<br />incurred by the latter as a result of the above and foregoing events; save and except as to any such
<br />damages caused by the willful or wanton conduct of Landlord, its agents or employees, provided
<br />such damages are not recoverable by Tenant pursuant to the insurance policies required to be
<br />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 books,
<br />records, files, computer equipment, computer data, money, securities, negotiable instruments or
<br />other papers; lost business or other consequential damage arising out of interruption in the use of
<br />the Premises; and any criminal act by any person other than Landlord or its partners, officers or
<br />employees. Furthermore, Tenant agrees that Landlord, its officers, agents, partners, and
<br />employees shall not be liable to Tenant or those claiming through or under Tenant for any injury,
<br />death or property damage 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
<br />of injury, death or property loss or damage occurring by reason of Tenant's use of the Premises,
<br />except only to the extent caused by the negligent act or intentional misconduct of Landlord or its
<br />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 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 />Such liability for property damage and fire legal liability shall not be less than $500,000.00 Such
<br />4165850 SJR MU210-35
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