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<br />required by Lessor, but in any event not less than $5,000,000.00 combined single limit on
<br />a per occurrence basis. (ii) workmen's compensation as required by law, providing as a
<br />minimum amount, the minimum North Carolina statutory benefits for all persons
<br />employed by Tenant in connection with the Premises; and (iii) builder's risk insurance
<br />during all periods in which Tenant is constructing alterations or additions to or within the
<br />Premises, in such amounts as Lessor and Tenant mutually agree is reasonable.
<br />
<br />All insurance provided shall be underwritten by insurance companies that are licensed or
<br />authorized to do business and in good standing in North Carolina and shall have a rating
<br />issued by an organization regularly engaged in rating insurance companies (including
<br />specifically A.M. Best and Company so long as such company is engaged in rating
<br />insurance companies) of not less than a rating of A, VII of A.M. Best and Company (or
<br />equivalent rating if another rating service is used.) All insurance contracts shall be issued
<br />for terms of not less than one year and shall contain a provision that they are not subject
<br />to cancellation, non-renewal or material reduction in coverage as to the Premises unless
<br />Lessor is served with written notice not later than 30 .days prior to cancellation, non-
<br />renewal or material reduction in coverage.
<br />
<br />14. Waiver of Subroeation. 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 this
<br />Lease or any other property insurance actually carried by the parties to the extent ofthe
<br />limits ofthe policies. Tenant, from time to time, upon request of Lessor, will cause its
<br />insurers to issue appropriate waiver of subrogation rights endorsements to all property
<br />insurance polices carried in connection with the Premises.
<br />
<br />15. Indemnification/Hold Harmless. Lessor, its invitees, representatives, agents, and
<br />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 to
<br />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 and
<br />directly caused by the negHgence of Lessor, itsofficers~ 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 awarded,
<br />arising out of or in any way attributable to any claim, act, omission or neglect of any kind
<br />or nature attributable to or arising out of the actions or failure to act of Ten ant, its
<br />officers, directors, employees, customers or invitees.
<br />
<br />16. Casualty. lithe Premises are damaged by fire or other casualty, Lessor shall, within
<br />sixty (60) business days of such casualty, notify Tenant (the "Lessor's Notice") whether
<br />or not in the reasonable determination of Lessor, the damage can be repaired within one
<br />hundred and eighty (180) days of such notice (the "Restoration Period"). If repairs and
<br />restoration cannot be completed within the Restoration Period either party may, at its
<br />option, within ninety (90) days of receipt of the Lessor's Notice, terminate this Lease
<br />effective as of the date of the other party's receipt of such notice oftermination. Tenant
<br />shall be afforded a reasonable period oftime (not to exceed 60 days) to vacate the
<br />Premises. If the repairs and restoration can be accomplished within the Restoration
<br />
<br />F-J3
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