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this Lease on the part of the Lessee to be observed or performed, and also by reason of any matter
<br />or thing growing out of the occupancy or use of the Premises by Lessee or anyone holding wider
<br />Lessee. Lessee ab •ees to pay Lessor promptly for all damage to the Building or the Premises and
<br />for all damage to tenants or occupants of the Building caused by Lessee's misuse or neglect of the
<br />Building or of the Premises or of its or their apparatus and appurtenances and Lessee agt•ees in
<br />any.event,toreimburse and cotnpensate.T,essor as additional rent within five (5) days. of rendition
<br />of any statement to Lessee by Lessor for expenditures made by Lessor for fines sustained or
<br />incurred by Lessor due to non-performance ornon-compliance with or breach or failure to
<br />observe any teen, covenant or condition of this Lease upon Lessee's part to be kept, observed,
<br />performed or complied with.
<br />Lessor shall not be liable to Lessee for any damages by or fiom any act or negligence of
<br />any co-tenatrt or other occupant of the•Buildii~g or by any owner or occupant of adjoining
<br />contiguous property. Lessor shall not be liable to Lessee or to any person, firm or corporation
<br />claiming tluough or under Lessee for any injury or damage to persons or property resulting from
<br />fire, explosion, falling plaster, steam, glass, electricity, water, rain or snow or leaks from any part
<br />of that Building or fiom pipes, appliances, or plumbing works or from the roof, street or
<br />subsw•face or from any other place or by dampness or by any other cause of whatever nature,
<br />unless caused by or due to acts of negligence of Lessor.
<br />14. INSURANCE AND INSURANCE RATES. Throughout the term of this Lease,
<br />Lessee shall carry fue and extended coverage insurance insuring its and Lessor's interest in the
<br />Premises and its and Lessor's interests in its furniture, equipment, vehicles, machines, tools,
<br />supplies and other property and Lessee shall carry public liability insurance insuring against all
<br />liability of Lessor and Lessee and its authorized representatives, including Lessor, when acting as
<br />Elma Lomax Incubator Farm volunteers, arising out of and in connection with Lessee's use or
<br />occupancy of the Premises. Lessee hereby tivaives any claim or right of action, which it may have
<br />against Lessor for any loss or damage covered by such insurance.' The coverage limits of such
<br />insurance shall be determined by agreement of the patties. At Lessor's request, Lessee shall
<br />provide Lessor a certificate of insurance which names Lessor as an additional insured.
<br />15. F]RE OR OTHER CASUALTY. hi the event that before or dw•ing the term of this
<br />Lease, the Premises or the Building shall be damaged by fire or other casualty which renders the
<br />Building or the Premises untenantable, Lessee at its option may repair or replace the Building, but
<br />is not required to do so. If the Lessee decides to not repair or replace the Building, as promised
<br />by the Lessee, the fitll replacement value of the Building, systems, or other property of Lessor
<br />shall be paid, as damages, to the Lessor, within 90 days of the damage occw•rence. Any
<br />deficiency in insurance amounts, resulting in insurance proceeds that are not sufficient to replace,
<br />at prices current after the damage occwrence, or lease teilnination, the Lessor's damaged
<br />buildings, systems, or property thus damaged during the leasehold, shall be paid by Lessee;
<br />within the same 90 days of the damage occurrence. A third party appraiser, engineering, or
<br />construction firm acceptable to the Lessor, shall be paid by the Lessee, to estimate the difference
<br />between Insurance value paid, and full replacement value, at the time the damage occurred, or
<br />lease termination. The Rent shall be paid as if no fire or other casualty had occurred.
<br />The other provisions of this Paragraph 15 nottivithstanding, Lessor shall have no
<br />obligation to replace or repair the Building, any property in the Buildn~g or on the Premises
<br />belonging to Lessee or to any one claiming through or under Lessee nor shall Lessor have any
<br />obligation hereunder to replace or repair any property on the Premises which Lessor shall have
<br />the right to require Lessee to remove from the Premises or any alteration, addition or
<br />improvement made to the Premises by, for, or at the direction of Lessee.
<br />5
<br />F-1
<br />Attachment number 2
<br />Page 67
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