Exhibit 10.21
LEASE
This Lease is made as of the 27 day
of APRIL, 2006, by and between ARBUTUS SHOPPING CENTER LIMITED
PARTNERSHIP, with an office c/o AmCap, Incorporated, 1281 E. Main
Street, Stamford, CT 06902 (“Landlord”) and CARROLLTON
BANK, a commercial banking institution organized and existing under
the laws of the state of Maryland, having an address at 344 North
Charles Street, Suite 300, Baltimore, MD 21201
(“Tenant”).
ARTICLE
1. FUNDAMENTAL LEASE PROVISIONS
Section 1.1
Fundamental Lease Provisions. The
fundamental provisions of this Lease (the “Fundamental Lease
Provisions”) are as follows:
Shopping
Center: The premises (including land and buildings
thereon and any extensions thereof or additions thereto) generally
known as the Arbutus Shopping Center on Maiden Choice Lane in
Arbutus, Maryland.
Tenant’s Trade
Name: CARROLLTON
BANK
Leased
Premises: Those premises located in the Shopping
Center, currently consisting of the Ground Leased Premises together
with Tenant’s improvements constructed thereon as well as the
In-Line Leased Premises (collectively, the Leased Premises)
crosshatched on Exhibit A attached hereto and made part
hereof.
Square Footage:
Approximately 8,436 square feet total
Permitted Use: Said
Leased Premises are leased only for the conduct and operation of a
commercial bank with drive-through facilities, and for no other
uses or purposes.
Lease Commencement
Date:
May 1, 2006
Rent Commencement
Date:
May 1, 2006
Lease
Term:
The Lease Commencement Date through the Lease Termination
Date.
Extension
Option:
Four (4) five-year periods (see Addendum)
Lease Termination
Date: April 30, 2011
Lease
Year:
The first Lease Year shall commence on the Lease Commencement Date
and shall end on April 30, 2007, and each succeeding Lease Year
shall run concurrently with each succeeding period of twelve (12)
months of the term of the Lease.
1
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Minimum Rent:
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|
|
|
Monthly Installment
|
|
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5/1/06-4/30/07:
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$
|
210,900.00
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|
$
|
17,575.00
|
|
|
5/1/07-4/30/08:
|
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$
|
217,227.00
|
|
$
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18,102.25
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5/1/08-4/30/09:
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$
|
223,743.81
|
|
$
|
18,645.32
|
|
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5/1/09-4/30/10:
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|
$
|
230,456.12
|
|
$
|
19,204.68
|
|
|
5/1/10-4/30/11:
|
|
$
|
237,369.81
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|
$
|
19,780.82
|
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Percentage Rent
rate:
None
Security
Deposit:
None
Promotion Charge
Rate: None
Broker: AmCap,
Inc.
Section
1.2
Effect of Reference to Fundamental Lease Provisions.
Each reference in this Lease to any of the
Fundamental Lease Provisions shall be construed to incorporate all
of the terms provided under each such Fundamental Lease
Provision.
ARTICLE 2. PREMISES
AND TERM
Section
2.1
Lease of Leased Premises . Landlord hereby
leases Tenant, and Tenant hereby leases from Landlord, the Leased
Premises which shall include a non-exclusive license to use the
common areas of the Shopping Center (the “Leased
Premises”).
Section
2.2
Term . The term of this Lease shall be the
Lease Term.
ARTICLE 3.
RENT
Section
3.1
Minimum Rent . Tenant shall pay to Landlord
the Minimum Rent due for each Lease Year, without notice, demand,
setoff or deduction, in equal monthly installments, in advance, on
the first day of each and every month of the Lease Term commencing
on the Rent Commencement Date. If the Lease Term shall
commence on a date other than the last day of the month, the
Minimum Rent shall be prorated for such fraction of a month based
on the actual number of days in such month.
Section
3.2
Additional Rent . All payments and charges
of any nature whatsoever due from Tenant under the terms of this
Lease, including, without limitation, all payments to be considered
to be additional rent due hereunder.
ARTICLE 4. NET
LEASE
Section
4.1
Net Lease . This is intended to be a net
lease, so that all Minimum Rent and additional rent provided for
herein shall be received by Landlord free and clear of any
offsetting costs or expenses relating to the Shopping Center,
whether capital in nature or not, except as set forth in Section
4.2. Accordingly, Tenant shall be responsible for and
obligated to pay Tenant’s Share of all costs and expenses
incurred by or
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on behalf of Landlord in connection
with the ownership and operation of the Shopping Center, excluding
only those costs set forth in Section 4.2.
Section
4.2
Landlord’s Cost . Tenant shall not be
responsible for certain income taxes expressly excluded from
Tenant’s responsibility in Section 5.2, the cost of
construction of new building areas, the cost of initial
improvements to premises leased to tenants of the Shopping Center
other than Tenant, leasing commissions, ground rent and debt
service payable under any Mortgage (as hereinafter
defined).
ARTICLE 5. REAL
ESTATE TAXES
Section
5.1
Tenant’s Payments . Tenant shall pay
to Landlord, as additional rent, Tenant’s Share (as defined
in Section 6.1) of all Real Estate Taxes (as defined
below).
Section
5.2
Definition of Real Estate Taxes
. “Real Estate Taxes” shall mean all
real estate taxes, assessments, water and sewer rents (except water
meter charges and sewage charges based on usage) and other
governmental impositions and charges of every kind and nature
whatsoever, extraordinary as well as ordinary, general and special,
foreseen and unforeseen, including those for public improvements or
otherwise, which shall or may, during the Lease Term, be assessed
against, levied or imposed upon, become a lien upon, or become due
and payable in connection with the ownership, use, occupancy or
possession of the Shopping Center or any part thereof and any
expenditure incurred by Landlord in the contest or protest of any
Real Estate Tax or assessed valuation, when incurred. Real
Estate Taxes shall not include any inheritance, estate, succession,
transfer, gift, franchise, corporation, or income or profit tax
that is or may be imposed upon Landlord; provided, however, that
if, at any time after the date hereof, the methods of taxation
shall be altered so that, in lieu of, or as a substitute for, or in
addition to, the whole or any part of the taxes now levied,
assessed or imposed on real estate as such, there shall be levied,
assessed or imposed (i) a tax on the rents received from such real
estate, or (ii) a license fee measured by the rents receivable by
Landlord from the Shopping Center or any portion thereof, or (iii)
a tax, license fee or other charge imposed upon Landlord which is
otherwise measured by or based in whole or in part upon the
Shopping Center or any portion thereof, or (iv) if an income or
franchise tax is imposed upon Landlord in addition to the taxes now
levied, assessed or imposed on real estate, then the same shall be
included in the computation of Real Estate Taxes, provided the
Shopping Center is the only property of Landlord subject to such
tax or fee.
Section
5.3
Estimated Tax Payments . On each date that
an installment of Minimum Rent is due, Tenant shall pay to Landlord
an amount equal to 1/12 of Tenant’s Share of the estimated
Real Estate Taxes (as determined by Landlord) next due for the
Shopping Center (or such other fraction as Landlord determines to
be needed) to assure that prior to the due date of Real Estate
Taxes due for the Shopping Center Landlord shall have received from
Tenant funds sufficient to pay Tenant’s Share in full.
Landlord shall provide Tenant with a copy of each tax bill for the
Shopping Center and a statement setting forth the amount due from
Tenant as Tenant’s Share. If the amount due from Tenant
exceeds the amount of the estimated payments collected from Tenant,
Tenant shall pay the difference to
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Landlord within ten (10) days of the
receipt of such statement. If the amount of estimated
payments exceeds the amount due, Landlord shall credit such
difference to the next installment or installments or estimated
payments due under this Section. If the Lease Term shall
commence or expire on a date other than the fiscal year end for any
such tax, Tenant’s Share for each fraction of a fiscal year
shall be prorated.
Section
5.4
Right to Contest Real Estate Taxes
. Landlord shall be under no duty or obligation
whatsoever to protest or contest any assessed valuation or Real
Estate Tax assessed against the Shopping Center or the Leased
Premises. If Landlord shall elect to contest any assessed
valuation or Real Estate Tax, no such contest by Landlord shall
give Tenant the right to withhold or reduce any payment or
estimated payment of Real Estate Taxes due under this Lease.
If Landlord shall receive a refund of Real Estate Taxes for which
Tenant has paid Tenant’s Tax Payment, Tenant shall receive
its prorate share thereof after deducting all costs, fees and
expenses incurred by Landlord in connection with obtaining such
refund, and not previously charged to Tenant. Tenant shall
have no right whatsoever to protest or contest any assessed
valuation or Real Estate Tax assessed against the Shopping Center
or the Leased Premises.
ARTICLE 6. COMMON
CHARGES
Section
6.1
Tenant’s Payments . Tenant shall pay
to Landlord as additional rent the fraction represented by Square
Footage of the Leased Premises (8,436 square feet on the Rent
Commencement Date) divided by the total first floor leasable square
footage in the Shopping Center (91,434 square feet as of the Rent
Commencement Date) as determined by Landlord from time to time
(“Tenant’s Share”) of all Common Charges (as
defined below).
Section
6.2
Definition of Common Charges
. “Common Charges” shall mean all
costs and expenses incurred by Landlord or Landlord’s
employees, agents or contractors, either pursuant to this Lease or
otherwise, arising from or in connection with or as a result of the
operating, equipping, policing, protecting, lighting, providing
sanitation, sewer and other services, insuring, maintaining,
repairing and replacing the Common Areas (as hereinafter defined),
all buildings and improvements within the Shopping Center and all
other areas and facilities of the Shopping Center. Common
Charges shall include, but shall not be limited to:
(i) the maintenance, repair and replacement of
all roofs, exterior walls and other structural and exterior
portions of the Shopping Center, curbs, gutters, sidewalks, pylons
and signs, drainage and irrigation ditches, conduits and pipes,
utility systems (permanent and temporary), sewage disposal or
treatment systems, public toilets and sound systems whether within
or without the Shopping Center; (ii) the removal of trash, snow and
ice; (iii) landscaping; (iv) supplies; (v) licensing, permits,
service and usage charges; (vi) obtaining and maintaining the
insurance policies described in Section 10.3 of this Lease and the
cost of any insured event deductible amounts under such policies;
(vii) the settlement or disposition of any claims against Landlord
to the extent the same are not covered by insurance; (viii) all
capital expenditures together with reserves for capital
improvements required by the holder of any Mortgage; (ix) the
repaving, restriping, regrading and general maintenance of parking
areas;
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(x) compliance with all rules,
regulations and orders of governmental authorities pertaining to
the Shopping Center, including those pertaining to traffic control,
engineering and environmental issues, air pollution control and the
cost of monitoring air quality; (xi) (intentionally deleted);
(xiii) licensing and permit fees and taxes; (xiv) audit fees and
expenses and other costs and expenses of enforcing the rules and
regulations established by Landlord for the Shopping Center; (xv)
the cost, lease payment or depreciation of any equipment used in
the operation or maintenance of the Shopping Center; (xvi) total
compensation and benefits (including premiums for workers’
compensation or any other insurance or other retirement or employee
benefits, and including all costs incurred in providing such
benefits) paid to or on behalf of employees involved in the
performance of the work specified in this Section or employees
otherwise providing services to tenants or customers of the
Shopping Center whether on or off site; (xvii) the maintenance,
repair and operation of any mall or enclosed common area; (xviii)
the costs of performance of all of Landlord’s obligations
pursuant to this Lease or as contemplated herein except those costs
set forth in Section 4.2; (xix) other costs and expenses incurred
in connection with the operation and management of the Shopping
Center; plus (xx) an amount equal to fifteen percent
(15%) of all of the foregoing costs and expenses to compensate
Landlord for administrative and overhead expenses. Common
Charges shall include costs and expenses for services, equipment or
materials furnished by Landlord or its affiliates, including
management fees, provided the same are furnished at rates similar
to those generally paid.
Section
6.3
Estimated Payments . On each date that an
installment of Minimum Rent is due, Tenant shall pay to Landlord an
amount equal to 1/12 of the estimated Common Charges (as determined
by Landlord) for the calendar year in which such payment is
made. On or before March 1 of each year, Landlord shall
provide Tenant with a statement setting forth Tenant’s Share
for the preceding calendar year and the amount of estimated Common
Charges paid by tenant during such year. If the amount due
from Tenant exceeds the amount of the estimated payments, Tenant
shall pay the difference to Landlord within ten (10) days of the
receipt of such statement. If the amount of estimated
payments exceeds the amount due, Landlord shall credit such
difference to the next installment or installments of estimated
payments due under this Section. Landlord’s failure to
provide such statement by the date provided under this Section
shall in no way excuse Tenant from its obligation to pay
Tenant’s Share of the Common Charges or constitute a waiver
of Landlord’s right to bill and collect Tenant’s Share
of Common Charges from Tenant in accordance with this
Section. If the term of the Lease shall commence on a day
other than January 1 or expire on a day other than December 31,
Common Charges due from Tenant for such fraction of a calendar year
shall be prorated. During any year, Landlord, from time to
time, may revise its estimate of the Common Charges which will be
due for that year and the monthly payments to be made by Tenant on
account thereof.
ARTICLE 7. USE OF
PREMISES
Section
7.1
Permitted Use . The Leased Premises shall
be occupied and used by Tenant solely for the Permitted Use and for
no other use or purpose.
5
Section
7.2
Operation of the Leased Premises . Tenant
shall use, occupy and operate the entire Leased Premises
continuously and without interruption during the Lease Term, shall
not abandon or vacate the Leased Premises, shall not permit,
license, or suffer the occupancy of any other party in the Leased
Premises and shall:
a. Keep the Leased
Premises open for business continuously and without interruption at
least from 9:00 a.m. to 5:00 p.m. Monday through Friday and 9:00
a.m. to 12:00 p.m. Saturday, or such other hours as Landlord may
reasonably designate, unless prohibited by applicable laws or
regulations;
b. Operate its
business as a financial institution in a manner as will enhance the
Shopping Center;
c. (intentionally
deleted);
d. Erect no
displays outside the Leased Premises or in any way obstruct the
Common Areas;
e. Load or unload
all supplies, fixtures, equipment and furniture and cause the
collection of rubbish only through the rear service door or doors
of the Leased Premises;
f. Keep the Leased
Premises in a safe, clean and proper manner; and not permit any
rubbish or refuse of any nature to accumulate in the Common
Areas;
g. Keep the Leased
Premises free from vermin;
h. Prevent the
Leased Premises from being used in any way which will injure the
reputation of the same or of the Shopping Center or from being used
in any way which may be a nuisance, annoyance, inconvenience or
damage to the other tenants or occupants of the Shopping Center,
including, without limitation, noise by the playing of any musical
instrument or radio or television or the use of a microphone, loud
speaker, electrical equipment or other equipment which may be heard
outside the Leased Premises;
i. Not violate the
exclusive covenants of any other tenant in the Shopping Center;
and
j. Abide by all
rules and regulations established by Landlord, from time to time,
with respect to the Common Areas, the Shopping Center, and the
operation of the Leased Premises.
Section
7.3
Radius Restriction . (intentionally
deleted).
Section
7.4
Compliance with Laws . Tenant shall not use
or occupy or suffer or permit the Leased Premises or any part
thereof to be used or occupied for any purpose contrary to law or
the rules or regulations of any public authority or the
requirements of any insurance underwriters or rating bureaus or in
any manner so as to increase the cost of insurance over and above
the normal cost of such insurance for the Permitted Use for the
type and location of the building of which the Leased Premises are
a part. Tenant shall promptly obtain all permits and licenses
required by and otherwise comply with all present and future laws
(including Environmental Laws as defined in Section 32.4),
regulations or rules of any local, county, state,
6
federal and other governmental
authority and any bureau or department thereof, and of the National
Board of Fire Underwriters or any other body exercising a similar
function which may be applicable to the Leased Premises or Shopping
Center, including the maintenance, service, repair, replacement and
disposal of any structure, equipment or system thereon. If
Tenant shall install any electrical equipment that overloads the
lines in the Leased Premises, or handle any Hazardous Substances
(as defined in Section 32.4), Tenant shall, at Landlord’s
option, immediately terminate the use of such electrical equipment
or Hazardous Substances or, at Tenant’s expense, make such
changes as Landlord may request to prevent such overload or hazard
or otherwise and as may be necessary to comply with the
requirements of any insurance underwriters and governmental
authorities having jurisdiction.
ARTICLE 8.
ALTERATIONS
Section
8.1
Landlord’s Consent Required . Tenant
shall not make or permit to be made any alterations, improvements
or additions of any kind or nature (excluding interior repainting,
recarpeting or other normal interior decorative changes) to the
Leased Premises or any part thereof except by and with the prior
written consent of Landlord. Plans and specifications for all
desired work, (including Tenant’s Construction associated
with Tenant’s downsizing), shall be submitted by Tenant to
Landlord for Landlord’s approval prior to the commencement of
any work. The actual out-of-pocket cost of Landlord’s
review shall be paid by Tenant within ten (10) days of receipt of
Landlord’s statement therefor. Landlord’s
approval of the plans, specifications and/or working drawings for
Tenant’s alterations or improvements shall create no
responsibility or liability on the part of Landlord for their
completeness, design sufficiency, or compliance with all laws,
rules and regulations of governmental agencies or
authorities.
Section
8.2
Compliance with Law, Ownership and Indemnification
. All alterations, improvements and additions to
the Leased Premises shall be made in compliance with all applicable
laws (including Environmental Laws) and governmental requirements
and when made or installed shall be deemed to have attached to the
real property and to have become the property of the Lease Term, or
other expiration of this Lease, in as good order and condition as
they were when installed, reasonable wear and tear excepted;
provided, however, that if, prior to the termination of this Lease,
or within fifteen (15) days thereafter, Landlord so directs, Tenant
shall promptly and in compliance with all applicable laws
(including Environmental Laws), remove, and if necessary dispose
of, the additions, improvements, fixtures and installations which
were placed in the Leased Premises by Tenant including
Tenant’s vault and which are designated in such notice, and
repair any damage occasioned by such removal, and, in default
thereof, Landlord may effect such removals and repairs at
Tenant’s expense. In the event Tenant undertakes any
alterations, improvements or additions as herein provided, Tenant
shall indemnify and save Landlord harmless from and against all
costs, expenses, liens, claims or damages (including
attorneys’ fees) to either persons or property arising out of
or resulting from the undertaking or making of such alterations,
additions and improvements, including without limitation any costs
or expenses to comply with The Americans With Disabilities Act and
the Regulations
7
thereunder, and Tenant shall provide
Landlord with evidence of workmen’s compensation insurance
and such other insurance as Landlord may reasonably
request.
ARTICLE 9. REPAIRS
AND MAINTENANCE
Section
9.1
Landlord’s Obligations . (a) In-Line Leased Premises:
Landlord shall keep and maintain the structural portions of the
Leased Premises and the exterior area, including, but not limited
to, the roof, foundation and exterior walls of the Leased Premises,
except with respect to any damage thereto caused by any alterations
or installations by Tenant or any act or negligence of Tenant, its
employees, agents, invitees, licensees, subtenants, assignees or
contractors or otherwise arising out of Tenant’s use or
occupancy of the Leased Premises, in which event such damage shall
be promptly repaired by Tenant. Except as otherwise herein
provided, Landlord shall not be responsible for maintenance,
repairs or improvement of any kind in or upon the Leased
Premises.
(b) Ground Leased Premises: Landlord shall not be responsible for
maintenance, repairs or improvements of any kind in or upon the
Ground Leased Premises or improvements thereon.
Section
9.2
Tenant’s Obligations . (a) In-Line Leased Premises:
Tenant accepts the Leased Premises “as is”. Landlord
has made no representation, warranty or other assurance with
respect to the Leased Premises or the Shopping Center. Tenant shall
keep and maintain the Leased Premises and every part thereof
(excluding only the structural elements and the roof unless repair
of same arises out of Tenant’s use or occupancy of the Leased
Premises or negligence as described in Section 9.1) in good order,
condition and repair, in compliance with Environmental Laws, as
defined in Section 32.4, including, without limitation, the
exterior and interior portions of all doors, door checks, security
gates, windows and glass, all utility, plumbing and sewage
facilities within the Leased Premises or under the floor slab
thereof, fixtures, heating and air-conditioning equipment, exterior
mechanical equipment, exterior utility facilities and exterior
electrical equipment serving the Leased Premises and interior
walls, floors and ceilings, and including compliance with
applicable building and fire codes relative to fire extinguishers,
sprinkler systems and other preservative measures. Tenant shall
conduct all such maintenance, service, repair, replacement and
disposal activities, including those with respect to any structure,
equipment or system, in compliance with applicable laws, including
Environmental Laws. As part of its HVAC maintenance obligation,
Tenant shall enter into an annual contract with an HVAC repair
firm, fully licensed to repair HVAC units in the state in which the
Shopping Center is located and approved by Landlord, which firm
shall (a) regularly service the HVAC unit(s) on the Leased Premises
on no less than a quarterly basis, changing belts, filters and
other parts as required; (b) perform emergency and extraordinary
repairs on the HVAC unit(s); and (c) keep a detailed record of all
services performed on the Leased Premises and prepare a yearly
service report to be furnished to the Tenant at the end of each
calendar year. Tenant shall furnish to Landlord, at the end of each
calendar year, a copy of the HVAC maintenance contract and report
described above, and proof that the annual premium for the
maintenance contract has been paid. Nothing stated herein
shall
8
limit Tenant’s obligation to
maintain the HVAC unit(s) in good condition and repair throughout
the term of this Lease. If Tenant fails or refuses to comply with
its obligations in this Section 9.2, Landlord may (but shall not be
required to) make or complete such repairs and Tenant shall pay the
cost thereof to Landlord upon demand.
(b) Ground Leased Premises: Tenant
shall keep and maintain its parking area, drive-through lanes and
all other portions of the Leased Premises including all
improvements constructed thereon and every part thereof in good
order, condition and repair (normal wear and tear excepted), in
compliance with “Environmental Laws”, as defined in
Section 32.4, including, without limitation, the roof and
structural portions of the building, sidewalks and passageways,
exterior and interior portions of all doors, door checks, security
gates, windows and glass, all utility, plumbing and sewage
facilities within the Leased Premises or under the floor slab
thereof, fixtures, heating and air-conditioning equipment, exterior
mechanical equipment, exterior utility facilities and exterior
electrical equipment serving the Leased Premises and interior
walls, floors and ceilings, and including compliance with
applicable building and fire codes relative to fire extinguishers,
sprinkler systems and other preservative measures. Tenant shall
conduct all such maintenance, service, repair, replacement and
disposal activities, including those with respect to any structure,
equipment or system, in compliance with applicable laws, including
Environmental Laws.
ARTICLE 10.
INSURANCE
Section
10.1
Tenant’s Obligation . During the Lease Term,
Tenant, at its own expense, shall maintain the
following:
(a) a commercial general liability
insurance policy relating to the Leased Premises providing for
coverage of at least Two Million Dollars ($2,000,000) with respect
to injury or death and property damage combined;
(b) (i) In-Line Leased Premises:
special form property insurance, including theft and, if
applicable, boiler and machinery coverage, written at replacement
cost value in an adequate amount to avoid coinsurance and a
replacement cost endorsement insuring Tenant’s furnishings,
equipment and all items of personal property of Tenant and
including property of Tenant’s customers located in the
Leased Premises;
(ii) Ground Leased Premises and the
improvements thereon: “all risk” property insurance
(with extended coverage and such other coverage as Landlord may
reasonably designate) insuring the improvements constructed by
Tenant upon the Leased Premises and all fixtures and equipment,
including personal property, thereon to ninety percent (90%) of
their actual replacement value without deduction for physical
depreciation, having a deductible of not more than
$10,000:
(c) workers’ compensation
coverage as required by law;
(d) with respect to alterations,
improvements and the like required or permitted to be made by
Tenant hereunder, contingent liability and builder’s risk
insurance, in amounts reasonably satisfactory to
Landlord;
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(e) (intentionally
deleted)
(f) plate glass insurance covering
the glass in the Leased Premises for which Tenant shall be entitled
to self-insure;
(g) flood insurance if applicable;
and
(h) such other insurance covering
such other insurable risks as Landlord deems reasonably
necessary.
Section
10.2
Requirements of Policy . The insurance policies
required by Section 10.1 shall be issued by a company and in a form
satisfactory to Landlord and may not be cancelable without thirty
(30) days’ written notice to Landlord. Tenant shall deliver
to Landlord the original of such policy, or a certificate
evidencing such policy, prior to the commencement of the Lease Term
and, thereafter, at least thirty (30) days prior to the expiration
of each policy. Each policy or certificate shall be accompanied by
proof of payment of such policy. Provided Landlord has furnished
Tenant with names and addresses of the same, each policy required
under this Article shall name Landlord, Landlord’s agents,
the holder of any Mortgage and any other party with an interest in
the Shopping center as an insured as their interests may appear.
Any required insurance may be effected by a policy of blanket
insurance covering additional items or locations provided however
that (1) the coverage afforded Landlord and any other parties in
interest will not be reduced or diminished by reason of the use of
such blanket policy of insurance; (ii) any such policy shall
specify therein (or Tenant shall furnish Landlord with a written
statement from the insurer under such policy specifying) the amount
of the insurance allocated to the Leased Premises; and (iii) all
other requirements set forth herein are otherwise
satisfied.
Section
10.3
Shopping Center Insurance . Landlord shall maintain,
if available at standard rates, such availability to be determined
solely by Landlord, the following:
(a) fire insurance (with extended
coverage and such other coverage as Landlord nay choose) insuring
the Shopping Center and all fixtures and improvements thereon to
their full insurable value;
(b) rent insurance covering the
risks described in paragraph (a) above in an amount equal to all
Minimum Rent, Percentage Rent (as estimated by Landlord) and
additional rent due under all leases relating to the Shopping
Center for a period of at least one year;
(c) comprehensive general public
liability insurance against any claims upon Landlord arising from
the ownership, operation or control of the Shopping Center with
respect to bodily injury, death, property damage or other risks of
similar nature with combined limits as Landlord deems appropriate,
but in no event less than Five Million Dollars ($5,000,000);
and
(d) any such insurance coverage, in
addition to or in substitution for the coverage set forth above, as
the holder of any Mortgage may require or as Landlord may otherwise
determine.
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