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or not there are then existing set -offs or defenses against the enforcement or any right
<br />or remedy of Landlord, or any duty or obligation of Tenant (and if so, specifying the
<br />same); and (d) the dates, if any, to which any rent or other charges have been paid in
<br />advance.
<br />13. Tenant's Insurance At all times during the Term of this Lease and any renewals
<br />thereof Tenant shall provide and thereafter keep in full force and effect; (i) commercial
<br />general liability insurance, such insurance to insure against liability for bodily injury
<br />and death and for property damage in an amount as may from time to time be
<br />reasonably required by Lessor, but in any event not less than $5,000,000,00 combined
<br />single limit on a per occurrence basis. (ii) workmen's compensation as required by
<br />law, providing as a minimum amount, the minimum. North Carolina statutory benefits
<br />for all persons employed by Tenant in connection with the Premises; and (iii) builder's
<br />risk insurance during all periods in which Tenant is constructing alterations or additions
<br />to or within the Premises, in such amounts as Lessor and Tenant mutually agree is
<br />reasonable.
<br />All insurance provided shall be underwritten by insurance companies that are licensed
<br />or authorized to do business and in good standing in North Carolina and shall have a
<br />rating issued by an organization regularly engaged in rating insurance companies
<br />(including specifically A.M. Best and Company so long as such company is engaged in
<br />rating insurance companies) of not less than a rating of A, VII of A,M, Best and
<br />Company (or equivalent rating if another rating service is used.) All insurance
<br />contracts shall be issued for terms of not less than one year and shall contain a
<br />provision that they are not subject to cancellation, non - renewal or material reduction in
<br />coverage as to the Premises unless Lessor is served with written notice not later than 30
<br />days prior to cancellation, non- renewal or material reduction in coverage.
<br />14. Waiver of_Subrogati,on Tenant for itself and its employees, agents and invitees
<br />waives any and all rights to recover against Lessor for any loss or damage arising from
<br />any cause covered by any insurance required to be carried by the parties pursuant to
<br />this Lease or any other property insurance actually carried by the parties to the extent
<br />of the limits of the policies. Tenant, from time to time, upon request of Lessor, will
<br />cause its insurers to issue appropriate waiver. of subrogation rights endorsements to all
<br />property insurance polices carried in connection with the Premises.
<br />15. Indemnification /Hold Harmless. Lessor, its invitees, representatives, agents,
<br />and their respective officers and employees, shall not be liable to Tenant, 'its officers,
<br />directors, agents, servants, employees, customers or invitees, for any claim or damage
<br />to any person or property (including without limitation death or disfigurement), cost or
<br />expense attributable to any event occurring on the Premises unless solely, exclusively
<br />and directly caused by the negligence of Lessor, its officers, directors, agents, servants,
<br />employees customers or invitees. Tenant agrees to indemnify and hold harmless Lessor
<br />from all damages, claims, costs and expenses (including without limitation, attorney's
<br />fees and other legal costs) of any kind or nature, as they are incurred and finally
<br />awarded, arising out of or in any way attributable to any claim, act, omission or neglect
<br />Attachment number 3
<br />F -2 Page 84
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