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clause protecting the Landlord against claims by the Tenant as if the Landlord were separately

insured and protecting the Tenant against claims by the Landlord as ifthe Tenant were separately

insured.

9.02

Le!!al Liabilitv Insurance

At all times during the Term, the Tenant shall maintain at its own expense all risk

tenants' legal liability insurance as would a prudent owner of similar premises. Such insurance

shall protect the Landlord and the Tenant in an amount consistent with the tenant's past

practices, and the Landlord shall be a named insured in the insurance policy, which shall contain

a cross-liability clause protecting the Landlord against claims by the Tenant as if the Landlord

were separately insured and protecting the Tenant against claims by the Landlord as ifthe Tenant

were separately insured.

I.

9.03

Property Insurance

The Tenant shall maintain during the Term all risk insurance in its chattels,

fixtures and leasehold improvements in the Demised Premises as would a prudent owner of

similar premises. Such insurance shall protect the Landlord and the Tenant in an amount

consistent with the tenant's past practices, and the Landlord shall be a named insured in the

insurance policy, which shall contain a cross-liability clause protecting the Landlord against

claims by the Tenant as if the Landlord were separately insured andprotecting the Tenant against

claims by the Landlord as if the Tenant were separately insured.

9.04

Evidence of Insurance

The Tenant shall forthwith after request by the Landlord provide evidence of the

insurance required to be carried by the Tenant hereunder from time to time.

ARTICLE X - DAMAGE OR DESTRUCTION

10.01

Damaee or Destruction

In the event of damage to or destruction of the Improvements during the first

fourteen years of the Term by fire or other casualty against which the Landlord is insured, the

Landlord shall payout such insurance proceeds to the Tenant in compliance with all laws,

including the Construction Lien Act, and the Tenant agrees to use the proceeds to rebuild to the

extent possible given the amount of the proceeds and the cost of doing so, the Improvements

which have been damaged based upon plans and specifications approved by the Landlord, acting

reasonably. If the event of damage to or destruction ofthe Improvements occurs during the last

year of the Term, this lease shall be automatically terminated and the Landlord shall have the

right to retain all of the insurance proceeds.

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10.02

Limitations on Landlord's Liability

McCarthy Tetrault TDO-RED #8106942 Iv. 8

The Landlord shall not assume any additional liability under this Lease for any

damage to any property at any time on the Demised Premises or in the Impr"vements from gas,

water, steam, water works, rain or snow, which may leak into, issue or flow trom any part ofthe

Improvements or from the pipes or plumbing works of same, or from any other place or quarter,

provided that nothing in this Section 10.02 shall derogate from any such liability that may exist

otherwise by law.