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Site Number: MNMSP00339B 8 Confidential & Proprietary
<br />Market: Minneapolis Lease Version: 1.0
<br /> 10.2 Tenant Obligations . Throughout the Term, Tenant shall maintain, at Tenant’s sole cost and
<br />expense, the following insurance coverage: (i) workers’ compensation insurance with no less than the minimum
<br />limits required by Applicable Law; (ii) employer’s liability insurance with such limits as required by Applicable
<br />Law; and (iii) Commercial General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000
<br />aggregate. All such policies shall be endorsed to include Landlord as additional insured.
<br /> 10.3 Insurance Requirements. All policies required to be maintained by this Section 10 shall be issued
<br />by insurers that are (1) licensed to do business in the state in which the Property are located, and (2) rated A- or
<br />better by Best’s Key Rating Guide.
<br /> 10.4 Waiver of Subrogation. To the fullest extent permitted by law, Landlord and Tenant for themselves
<br />and any and all parties claiming under or through them, including, without limitation, their respective insurers,
<br />hereby mutually release and discharge each other and the other’s Affiliates, and their respective officers, directors,
<br />shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally
<br />responsible from any claims for damage to any person or to the Premises or any other real or personal property that
<br />are or are claimed to have been caused by or result from risks insured against under any insurance policies carried
<br />by the waiving party and in force at the time of such damage and hereby waive any right of subrogation that might
<br />otherwise exist in or accrue to any person on account thereof. All policies required to be carried by either Party
<br />herein shall contain an endorsement in favor of the other Party waiving the insurance company’s right of subrogation
<br />against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED BY
<br />THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS
<br />PROVISION.
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<br />11. Representations and Warranties. Landlord represents, warrants and covenants that: (a) Landlord has good
<br />and sufficient title and interest to the Premises, whether by ownership, license, lease or otherwise and has the right
<br />to grant the rights set forth in this Agreement; (b) there are no liens, judgments or other title matters materially and
<br />adversely affecting Landlord’s title to or interest in the Property; (c) there are no covenants, easements or restrictions
<br />that prevent the use of the Premises for Tenant’s Permitted Use; (d) the Property and the Premises are in good repair
<br />and suitable for Tenant’s Permitted Use; (e) in the event a third party other than Landlord owns or controls any rights to, or Landlord subleases any portion of the Property, Landlord has obtained all rights necessary to enter into
<br />this Agreement; and (f) Landlord has not and shall not cause, knowingly permit or, fail to remediate in accordance
<br />with Applicable Law (at Landlord’s sole cost and expense) any hazardous substance (as such phrase is defined by
<br />the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC §9601 et seq. (“Hazardous
<br />Substance ”)) to be placed, stored, treated, released, spilled, transported or disposed of on, under, at or from the
<br />Property in violation of any applicable environmental laws during the term of this Agreement. Landlord understands
<br />and agrees that notwithstanding anything contained in this Agreement to the contrary, in no event shall Tenant have
<br />any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent to, under or near the
<br />Property prior to the Effective Date, or that was generated, possessed, used, stored, released, spilled, treated,
<br />transported, manufactured, refined, handled, produced or disposed of on, about, adjacent to, under or near the
<br />Property by: (1) Landlord, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent, contractor or invitee of Tenant.
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<br />Tenant and Landlord each represent, warrant and covenant to the other Party that: (i) it is a duly constituted
<br />organization (corporation, limited partnership, limited liability company, partnership, non-profit corporation, etc.)
<br />in good standing in its State of organization and qualified to do business in the State in which the Premises is located to the extent required by Applicable Law; (ii) it has filed all forms, reports, fees and other documents necessary to
<br />materially comply with Applicable Laws as and when due; (iii) it has all rights, power and authority necessary to
<br />enter into and to execute and deliver this Agreement and to perform its obligations (and in the case of Landlord
<br />grant any rights) hereunder; (iv) neither the execution and delivery of this Agreement, nor the consummation of the
<br />transactions contemplated hereby or thereby will violate any constitution, statute, regulation, rule, injunction,
<br />judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to
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