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to the exterior of windows of the Premises without first obtaining Landlord's written approval. In the event
<br /> • of a violation of the foregoing by Tenant, Landlord may,upon five (5)days written notice to Tenant,remove
<br /> the same without any liability and may charge the expense incurred by such removal to Tenant. Landlord shall
<br /> have the exclusive right to use all or any part of the roof of the Premises for ,
<br /> L'gidlOW °'"" AQt Amat an, .— an She roof of the D s those Purposes described in Article 1.
<br /> Section A hereof, and Tenant shall not erect or install any equipment, antenna or other structure or device
<br /> on the roof without the prior written consent of Landlord,except as may otherwise be provided in Article 29,
<br /> Section W hereof. Landlord shall also have the right to install, maintain, use, repair and replace within the
<br /> Premises pipes, ducts, conduits,wires and all other mechanical equipment serving other parts of the Subject
<br /> Parcel or Shopping Center so long as the same do not reasonably interfere with the use of the Premises by
<br /> Tenant.
<br /> E. Maintenance Contract. Tenant shall, at its sole cost and expense, during the term of this Lease
<br /> maintain a regularly scheduled preventive maintenance/service contract with a maintenance contractor for the
<br /> servicing of all heating and air conditioning systems and equipment serving the Premises. The maintenance
<br /> contractor and contract must be approved by Landlord (which approval shall not be unreasonably withheld)
<br /> and must include all services suggested by the equipment manufacturer. If Tenant fails to maintain such a
<br /> contract during the Term hereof,Landlord may,upon five (5)days written notice to Tenant,obtain the same
<br /> and Tenant shall pay the cost thereof to Landlord.
<br /> ARTICLE 13: INSURANCE
<br /> A. Tenant's Insurance.
<br /> (1) During the Term hereof,Tenant shall keep,in full force and effect,at its expense,a policy or
<br /> policies of comprehensive public liability insurance with respect to the Premises and the
<br /> business of Tenant and any approved subtenant, licensee, or concessionaire, with limits of
<br /> • liability not less than$500, 11,000,000 for personal injury,bodily injury,sickness,disease
<br /> or death and $899,9W 11,000,000 for damage or injury to or destruction of property
<br /> (including the loss of use thereof)for any one occurrence,and liquor liability insurance with
<br /> limits of not less than $16000.000.
<br /> (2) If during the Term hereof Tenant receives Landlord's written approval to operate a pressure
<br /> boiler or other pressure vessels in the Premises, Tenant will place and carry insurance in
<br /> adequate amounts approved by Landlord,but not less than $1,000,000 property damage per
<br /> occurrence, and will comply fully with all applicable laws, statutes and regulations with
<br /> reference to the operation and inspection of boilers and steam vessels.
<br /> (3) If during the Term hereof the nature of Tenant's operation is such as to place any or all of
<br /> its employees under the coverage of local workers'compensation or similar statutes,Tenant
<br /> shall also keep in force,at its expense,workers'compensation or similar insurance affording
<br /> statutory coverage and containing statutory limits.
<br /> (4) During the Term hereof, Tenant agrees to carry, at its expense, insurance for fire and other
<br /> casualty including,but not limited to,vandalism and malicious mischief, perils covered by all
<br /> risk and extended coverage, theft, sprinkler leakage, water damage (however caused),
<br /> explosion,malfunction or failure of heating and cooling or other apparatus,and other similar
<br /> risks, including plate glass insurance, insuring for the full insurable replacement value of
<br /> Tenant's merchandise, inventory,contents, trade fixtures, tenant improvements, furnishings,
<br /> operating equipment,and personal property,including wall coverings,carpeting and drapes,
<br /> lighting fixtures and built-in cabinets.
<br /> • (5) If Tenant shall not comply with its obligations under subparagraphs (1), (2h Lr (3), OF (4)
<br /> above,Landlord may,but shall not be obligated to,obtain such insurance. Tenant agrees to
<br /> pay the premium for any such insurance obtained by Landlord.
<br /> (6) All insurance required to be carried by Tenant herein shall be with insurers of recognized
<br /> responsibility licensed to do business in the State of Minnesota, shall provide that it is
<br /> specific and not contributory and name Landlord (including its officers, agents and
<br /> employees)as an additional insured with respect to comprehensive Public liability insurance
<br /> and, as it relates to property insurance,shall contain a
<br /> waiver of subrogation clause in favor of Landlord. Tenant shall furnish Landlord with
<br /> certificates evidencing that all such insurance is in effect and stating that Landlord shall be
<br /> notified in writing thirty (30) days prior to cancellation, material change or nonrenewal of
<br /> such insurance and, at Landlord's request,will deliver copies of insurance policies and any
<br /> renewals thereof.
<br /> 326559.8 Redlined V8 to V7 9-27-96 15
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