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9 <br /> out of or occasioned by the maintenance, use or occupancy of the Premises or the <br /> subletting or assignment of same or any part thereof. And the Tenant further covenants <br /> to indemnify the Landlord with respect to any encumbrance on or damage to the <br /> Premises occasioned by or arising from the act, default, or negligence of the Tenant, its <br /> officers, agents, servants, employees, contractors, customers, invitees or licensees and <br /> the Tenant agrees that the foregoing indemnity shall survive the termination of this <br /> Lease notwithstanding any provisions of this Lease to the contrary. <br /> (3) The Tenant shall carry insurance in his own name and sole cost to provide coverage with <br /> respect to the risk of business interruption to an extent sufficient to allow the Tenant to <br /> meet his ongoing obligations to the Landlord and to protect the Tenant against loss of <br /> revenues. <br /> (4) The Tenant shall carry insurance in his/her/its own name insuring against the risk of <br /> damage to the Tenant's property within the Premises caused by fire flood, earthquake or <br /> other perils and the policy shall provide for coverage on a replacement cost basis to <br /> protect the Tenant's stock-in trade, equipment, Trade Fixtures, decorations and <br /> improvements. <br /> (5) Tenant agrees to procure and maintain policies of public liability and property damage <br /> insurance in a good and solvent insurance company or companies acceptable to the <br /> Landlord, for the benefit of the Tenant and Landlord, and under and by the terms of <br /> which the Landlord is protected from and insured against any and all loss, damage, or <br /> liability whatsoever, which may arise out of or in connection with the use of, or <br /> operation upon, the rented premises during the term of this Agreement. The limits of <br /> liability on any policy of public liability insurance shall not be less than One Million <br /> $(1,000,000.00) Dollars for bodily injury or accident, One Million ($1,000,000.00) <br /> Dollars for property damage and Fifty Thousand($50,000)Fire Legal Liability. <br /> (6) Tenant understands and agrees that all insurance policies shall contain a provision that <br /> the policy shall not be cancelled or terminated without thirty (30) days prior written <br /> notice from the insurance company to Landlord. Tenant agrees that on or before Ten <br /> (10) days prior to expirations of any insurance policy, Tenant will deliver to Landlord <br /> written notification in the form of a receipt, or other similar documents from the <br /> applicable insurance company, that the policy or policies have been renewed, or deliver <br /> certificates of coverage from another good and solvent insurance company for the <br /> aforementioned coverage required. <br /> (7) The Tenant shall provide the Landlord with a copy of the above policies. <br /> 10. DAMAGE TO THE PREMISES <br /> (1) If the Premises or the building in which the Premises are located, are damaged or <br /> destroyed, in whole or in part, by fire or other peril, then the following provisions shall <br /> apply: <br />