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insurance with respect to Tenant's use and occupancy of the Premises and all related operations,with limits of <br /> not less than$1,000,000-00 each occurrence,including both bodily injury liability and property damage <br /> liability.Lessor shall be named as an additional insured under Tenant's Comprehensive General Liability <br /> Insurance.This insurance shall also provide contractual liability insurance covering the obligations assumed by <br /> Tenant under this Lease;(c)Automobile Liability insurance on all owned,non-owned,hired or leased <br /> automotive equipment in conjunction with operations, in amounts not less than $1,000,000.00 each occurrence <br /> combined coverage for bodily injury liability and property damage liability. <br /> As evidence of the above,Tenant shall submit to Lessor certificates of insurance and endorsements. Such <br /> ed will not be <br /> certificates and endorsements shall stipulatethereunder, without 0 days adce as vance e written notice to Lessor.ally changed or <br /> cancelled by the insurer or any insured <br /> 9. INDEMNIFICATION. Tenant agrees to indemnify Lessor against liability, including any resulting costs <br /> and/or attorneys' fees,on all claims for damages and injures to person or property that are claimed to have <br /> resulted from the activities or omissions of Tenant or its agents or employees or subcontactors during the term <br /> of this Lease.Lessor agrees to indemnify Tenant against liability, including any resulting costs and/or <br /> attorneys' fees, for any breach of the warranties set forth in Section 13.Lessor must also indemnify Tenant for <br /> any damages caused by Lessor during their inspections. <br /> 10. TERMINATION OF LEASE. Tenant may terminate this Lease upon giving notice to Lessor at least ninety <br /> (90)days prior to the annual anniversary date_ Such a termination will not affect any rights or duties that <br /> accrued prior to such termination. In the event of such termination, Lessor shall be entitled to retain all prior <br /> payments made by Tenant and to enforce any accrued but unpaid payment; and the terms of Sections 4,7,9 and <br /> 14 shall continue to be applicable. <br /> 11. DEFAULT OF TENANT, Inthe event any default occurs in the performance of any term or condition of <br /> this Lease by Tenant,Lessor shall give notice in writing to Tenant demanding the correction or removal of the <br /> default. In the event that Tenant fails to correct or remove such default(except for a default under Section 49) <br /> within 20 days from the date notice is given,Lessor may,at its option,terminate this Lease. In the event of a <br /> default under the Section 4.9,the terms of that Section control Lessor's right to terminate this Lease. If this <br /> Lease is terminated by Lessor pursuant to this Section 11 or Section 4.9,the terms of Sections 4,7,9 and 14 <br /> shall continue to be applicable. <br /> 12. SUCCESSOR AND ASSIGNS. This Lease shall inure to the benefit of,and shall be binding on,the <br /> successors and assigns of the parties. The parties' rights and obligations under this Lease may not be assigned <br /> or sublet without the prior written consent of the other party,which consent shall not be unreasonably withheld. <br /> Tenant shall have the right to subcontract with others for the performance of work on the Premises,subject to <br /> all terms of this Lease,but a subcontract shall not relieve Tenant of its obligations under this Lease to Lessor. <br /> 13, LESSOR'S WARRANTIES. Lessor represents and warrants that it possesses fee simple title to the <br /> Premises,that it has the right,authority and power to enter into this Lease and that by doing so it is not <br /> interfering with the mineral rights of any third party; and that there are no claims,governmental contention or <br /> litigation pending or threatened concerning or affecting their right, authority and power to enter into this Lease. <br /> 14. DISPUTE RESOLUTION. In the event of a dispute of any kind or nature arising out of this Lease,the <br /> parties shall negotiate in good faith to resolve the dispute. If no resolution can then be reached,either party <br /> may resort to an appropriate court. In such case,the court shall award costs of litigation and reasonable <br /> attorneys' fees to the prevailing party. <br /> 15. ENTIRE AGREEMENT. The headings of the sections of this Lease are used merely for convenience of <br /> reference and are not intended nor shall they be construed to affect the meaning or construction of this Lease. <br /> 3 <br />