OFFICE LEASE

OFFICE LEASE

THIS LEASE is made and entered into as of the 18th day of October, 2006, by and between DH Realty, LLC, an Indiana limited liability company (“Landlord”), and CTI Group (Holdings), Inc., a Delaware corporation (“Tenant”).

ARTICLE I
DEMISE

Subject to and upon the terms, covenants, conditions and provisions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord hereby leases, demises and lets to Tenant, and Tenant hereby leases from Landlord, the Leased Premises (as hereinafter defined).

SECTION 1.01. PREPARATION OF LEASED PREMISES . Landlord agrees to perform and complete the work required for preparation of the Leased Premises for Tenant’s occupancy as set forth in Landlord’s and Tenant’s Work Letter (“Work Letter”) attached hereto and hereby made a part hereof and marked as Exhibit A. Landlord shall complete all such work prior to the stated Commencement Date of the Term subject to events and delays beyond its reasonable control. Landlord shall contribute an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) (the “Tenant Improvement Allowance”) toward such work as described in Exhibit A; provided, however, Tenant may use up to Fifty Thousand Dollars ($50,000) of the Tenant Improvement Allowance for improvements at its discretion. In the event the work required by Tenant is performed for less than the allowance, Landlord shall be entitled to benefit by the extent of any savings. In the event the work required by Tenant is more than the stated allowance, then Tenant shall bear any such excess cost. Landlord shall keep Tenant advised of the status of completion and anticipated completion of such work. Landlord shall notify Tenant when the work to be performed by Landlord is substantially completed.

ARTICLE II
DEFINITIONS

The following terms shall have the following meanings:

(a) Building : 333 North Alabama Street, Indianapolis, Indiana.

(b) Leased Premises : Suite 240, designated on the plan attached hereto as Exhibit B and by this reference incorporated herein, and containing approximately 15,000 rentable square feet. This Lease shall be deemed and construed to constitute a lease in gross, and Rental shall not be increased or decreased if the actual rentable square footage of the Leased Premises is greater or less than that in the parties’ contemplation as set forth above.

(c) Term : Seven (7) Years; Three (3) Months

(d) Commencement Date : December 1, 2006, or as set by execution of the Declaration of Commencement of Lease.

(e) Expiration Date : February 28, 2014 or as adjusted by execution of the Declaration of Commencement of Lease.

(f) Tenant’s Customary Business : general office.

(g) Basic Operating Cost : Actual Operating Cost (as hereinafter defined) for calendar year 2006, equitably adjusted upward to reflect the amount that Operating Cost would have been, in Landlord’s reasonable estimate, had occupancy of the office portion of the Building been 100% throughout such calendar year. Within ninety (90) days after the end of such calendar year, the parties shall execute an addendum hereto specifying Basic Operating Cost.

(h) Tenant’s Proportionate Share : The Leased Premises constitute (i) 24.647% of the total rentable square footage of the office portion of the Project for purposes of assessing Excess Operating Cost (as hereinafter defined) pursuant to Section 5.03, and (ii) 8.36% of the total rentable square footage of the Project for purposes of assessing Impositions (as hereinafter defined) pursuant to Section 5.05.

(i) Security Deposit : N/A.

(j) Project : Lockerbie Marketplace consisting of the real estate and improvements thereon located at 333 North Alabama, 303 North Alabama, 324 East New York Street, 350 and 310 East New York Street and the parking lot at 401 North New Jersey Street, Indianapolis, Indiana.

ARTICLE III
TERM

SECTION 3.01. TERM . Subject to and upon the terms and conditions set forth herein, or in any exhibit or addendum, hereto, this Lease shall continue in force for a term (the “Term”) beginning on the Commencement Date and ending on the Expiration Date. In the event that the Leased Premises should not be ready for occupancy by the Commencement Date for any reason, including holding over by a prior tenant or the failure to complete Landlord’s portion of the work of preparation of the Leased Premises for occupancy, Landlord shall not be liable or responsible for any claims, damages or liabilities in connection therewith or by reason, thereof, and the Term of this Lease shall be for the same number of months as set forth in Article II above but the commencement shall be effective only from the time that Landlord’s work in preparation of the Leased premises for occupancy by Tenant has been substantially completed in accordance with the terms and conditions set forth herein. Should the Term of this Lease commence on a date other than that specified in Article II, Landlord and Tenant will, at the request of either, execute a declaration specifying the revised Commencement Date and Expiration Date of the Term of this Lease. In such event, rental under this Lease shall not commence until said revised Commencement Date, the Term of this lease shall thereupon commence, and the Expiration Date shall be extended so as to give effect to the full stated term. If, as a result of the Commencement Date being other than the first day of a month, this Lease would expire on a day other than the last day of a month, the length of the Term shall be extended through the last day of that month.

SECTION 3.02. OPTION TO EXTEND . Tenant shall have the option (“Extension Option”) to extend the Initial Term for one (1) period of five (5) years (“Extension Period”) upon fulfillment of all the following terms and conditions:

(a) Written notice is given by Tenant to Landlord not later than one hundred eighty (180) days prior to the expiration of the Initial Term that Tenant elects to exercise such Extension Option; and

(b) Tenant is not, at the time of exercise of such Extension Option, in default under any term or condition hereof and there have been no more than two (2) Events of Default during the Term of the Lease; and

(c) This Lease has not been terminated during the Initial Term; and

(d) The Basic Rent and the Basic Operating Cost for the Extension Period shall be at the then current market rate for comparable tenants in comparable buildings in downtown Indianapolis

The Initial Term and the Extension Period, if any, are collectively referred to herein as the “Term.”

ARTICLE IV
USE AND OCCUPANCY

SECTION 4.01. USE . The Leased Premises shall be used and occupied by Tenant solely for the purpose of conducting Tenant’s Customary Business, and for no other purpose.

SECTION 4.02. CARE OF LEASED PREMISES . Tenant shall not commit or allow to be committed any waste or damage on any portion of the Leased Premises. Tenant shall not occupy or use, or permit to be occupied or used, any portion of the Leased Premises for any business or purpose that is unlawful, disreputable, or deemed to be extra-hazardous on account of fire or other casualty, or would increase the cost of fire and extended coverage insurance coverage on the Building and/or its contents. Except for Tenant’s data room, Tenant shall not place any object in any part of the Leased Premises that would place a load on the floor of the Leased Premises in excess of seventy (70) pounds per square foot without prior approval by Landlord or an engineer designated by Landlord of placement of such object. Landlord shall have the right to have a floor load analysis made at any time. If such analysis indicates such limitation has been exceeded, Tenant shall immediately take such action as may be required to eliminate such overloading, and shall reimburse Landlord for the expense incurred in completing such load analysis and for any damage caused by such overloading.

SECTION 4.03. LAWS AND REGULATIONS; RULES OF BUILDING . Tenant shall, at its sole cost, comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal, or promulgated by other agencies or bodies having jurisdiction over Tenant’s Customary Business and the Leased Premises), and all insurance requirements, relating to use, condition or occupancy of the Leased Premises, except that, subject to the provisions of Section 5.03(i), Landlord shall be responsible for any changes required to comply with such regulations unless the need therefor arises because of Tenant’s manner of use of the Leased Premises and would not occur in the event of other general office usage. Tenant shall comply with the rules of the Building adopted by Landlord from time to time (including those attached hereto as Exhibit C and by this reference incorporated herein) for safety, care and cleanliness of the Leased Premises and the Building, and preservation of good order therein, all of which shall be sent by Landlord to Tenant in writing and shall thereafter be carried out and observed by Tenant. Landlord shall not be held responsible or liable for any other tenant’s failure to observe any rule of the Building or any other provision of its lease.

SECTION 4.04. NUISANCE . Tenant shall conduct its business, and control its agents, contractors, employees, invitees and visitors, in such manner as not to create any nuisance, or interfere with, annoy or disturb Landlord, in its operation of the Building, or any other tenant.

ARTICLE V
RENT

SECTION 5.01. COMPONENTS OF RENT . Tenant shall pay Landlord as rent for the Leased Premises an amount comprising the aggregate of the components of rent hereinafter identified and defined as Basic Rent, and Tenant’s Proportionate Share of Excess Operating Cost and Impositions. The aggregate of all such components is referred to herein as “Rental.” Rental shall commence to be due and payable on the Commencement Date. Tenant shall pay Rental in monthly installments during the Term. Rental for each calendar month during the Term shall be due and payable on the first (1st) day of such calendar month. Tenant shall pay Rental to Landlord c/o Colliers Turley Martin Tucker, Managing Agent, 1300 One American Square, Indianapolis, IN 46282, or at such other location as Landlord may designate from time to time, without demand, and without any deduction, abatement, counterclaim or setoff. In the event of a partial calendar month at the end of the Term, Rental, and any other charges or costs payable by Tenant, shall be prorated on the basis of a thirty (30) day month. Any Rental not paid by the due date shall bear a delinquency service charge for each calendar month or portion thereof during which such delinquency exists equal to five percent (5%) of such delinquent payment. All Rental and other charges payable by Tenant pursuant hereto shall be payable in lawful money of the United States, without relief from valuation and appraisement laws.

SECTION 5.02. BASIC RENT . Tenant shall pay Landlord basic rent (“Basic Rent”) as per the following schedule:

SECTION 5.03. EXCESS OPERATING COST . Tenant shall pay Landlord each calendar year Tenant’s Proportionate Share of the amount by which Operating Cost for that calendar year exceeds Basic Operating Cost (“Excess Operating Cost”). “Operating Cost” shall comprise all costs and expenses (except specific costs separately billed to, and paid or reimbursed by, specific tenants) of every kind and nature Landlord shall pay or become obligated to pay because of or in connection with ownership and operation of the Land (as hereinafter defined) and the office portion of the Building, as determined on an accrual basis and in accordance with generally accepted accounting principles consistently applied, including, but not limited to, the following:

(a) Wages, salaries, fringe benefit costs, payroll taxes, unemployment compensation payments, workers’ compensation insurance premiums and other related expenses of all on-site and off-site employees engaged in operation, administration, maintenance and security of the Land and the Building; costs of Building employee uniforms and cleaning thereof; fair rental value of a management office in the Building; and management fees payable by Landlord (except brokerage commissions for leasing) if management of the Land and the Building is contracted to a third party;

(b) All labor, supplies and materials used in operation, cleaning and maintenance of the Land, the Building, and machinery and equipment therein;

(c) Cost of utilities, including water and power, heating, lighting, air conditioning and ventilating the entire Building (including all common and service areas), fuel adjustment charges, sewer use charges and any utility taxes;

(d) Cost of all management, maintenance and service agreements for the Land, the Building, and machinery and equipment therein, including, without limitation, heating, ventilating and air conditioning maintenance and service, alarm service, trash removal, window cleaning and maintenance, and elevator maintenance;

(e) Accounting costs pertaining to management and operation of the Land and the Building;

(f) Cost of all insurance, including, without limitation, fire, extended coverage, liability and rental insurance, applicable to the Land, the Building, machinery and equipment therein, and Landlord’s personal property used in connection with operation and maintenance thereof;

(g) Cost of repair, replacement and general maintenance of the Land, the Building, and machinery and equipment therein (except repairs, replacements and general maintenance paid by proceeds of insurance, or by Tenant or other third parties, and alterations attributable solely to other tenants);

(h) Snow removal, landscaping and all other common area maintenance costs related to public areas, including sidewalks and landscaping on the Land; and

(i) Amortization of capital improvements made to the Land, the Building, and machinery and equipment therein, subsequent to the Commencement Date that may be required to comply with laws, ordinances, orders, rules or regulations (state, federal, municipal, or promulgated by other agencies or bodies having jurisdiction over the Land and the Building), or insurance requirements, relating to use, condition or occupancy of the Land, the Building or the Leased Premises, specifically including, but not limited to, the Americans with Disabilities Act of 1990, or that will improve operating efficiency of the Land and the Building resulting in reduction of Operating Cost.

In determining Operating Cost for any calendar year, if, at any time during such calendar year, less than 100% of the total rentable square footage of the office portion of the Building was occupied by tenants, Operating Cost shall be equitably adjusted upward to reflect the amount that Operating Cost would have been, in Landlord’s reasonable estimate, had occupancy of the office portion of the Building been 100% throughout such calendar year.

SECTION 5.04. ESTIMATED EXCESS OPERATING COST . When Operating Cost is estimated to exceed Basic Operating Cost, Estimated Operating Cost for any calendar year shall be Landlord’s estimate of Operating Cost for such calendar year made prior to commencement of such calendar year. Tenant shall pay Landlord its Proportionate Share of Excess Operating Cost for each calendar year on the basis of Estimated Operating Cost for such calendar year in twelve (l2) equal monthly installments payable on the first (1st) day of each calendar month as part of Rental. Within ninety (90) days after the end of each calendar year, Landlord shall deliver to Tenant a statement showing actual Operating Cost for such calendar year, and setting forth a computation of Tenant’s Proportionate Share of Excess Operating Cost for such calendar year. However, Landlord’s failure to provide such Operating Cost statement by the date provided herein shall in no way excuse Tenant from its obligation to pay its prorata share of Operating Costs or constitute a waiver of Landlord’s right to bill and collect such prorata share Operating Costs from Tenant in accordance with this Section 5.04. If Estimated Operating Cost for such calendar year (or, if none, Basic Operating Cost) was less than actual Operating Cost for such calendar year, Tenant shall make payment to Landlord of Tenant’s Proportionate Share of such difference within fifteen (l5) days after receipt of such statement. If Estimated Operating Cost for such calendar year was more than actual Operating Cost for such calendar year, Landlord shall reimburse Tenant for Tenant’s Proportionate Share of such excess within fifteen (15) days after delivery of such statement. Basic Operating Cost, Operating Cost, Estimated Operating Cost and Excess Operating Cost for any partial calendar year at the end of the Term shall be adjusted proportionately.

SECTION 5.05. IMPOSITIONS . Tenant shall pay Landlord each calendar year Tenant’s Proportionate Share of all taxes, service payments in lieu of taxes, assessments, excises, levies, fees and charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind, that are assessed, levied, charged, confirmed or imposed by any public authority upon the Project, the machinery and equipment therein, Landlord’s personal property used in connection with operation and maintenance thereof, Landlord’s operations or Landlord’s rental receipts, and payable during the Term (collectively, “Impositions”), except any income taxes upon Landlord’s rental receipts. In determining Impositions for any calendar year, any tenant-specific property tax exemptions shall be disregarded. Tenant shall be responsible for ad valorem taxes on its own personal property in, on or about the Building, and on the value of any leasehold improvements to the Leased Premises made by it. Tenant shall pay Tenant’s Proportionate Share of Impositions in advance monthly during each calendar year. The amount payable during each calendar year prior to the time the actual amount of Impositions payable during such calendar year is determined shall be based upon Landlord’s estimate of the amount of such Impositions, to be adjusted in the month next following the date the exact amount of such Impositions is determined. Impositions payable during any partial calendar year at the beginning or end of the Term shall be adjusted proportionately.

SECTION 5.06. SURVIVAL . The parties’ obligations under this Article shall survive expiration or termination hereof.

ARTICLE VI
BUILDING OPERATION AND SERVICES

SECTION 6.01. SERVICES . Subject to the provisions of this Section 6.01, Section 9.05 and Section 15.09, Landlord shall furnish the Leased Premises the following services:

(a) Water at those points of supply provided for general use of tenants and such other points to which Tenant may have extended the water service lines;

(b) Janitorial service on each business day, comprising standard evening cleaning only, commensurate with that furnished in comparable office buildings in downtown Indianapolis, Indiana;

(c) Central heat and air conditioning from 8:00 A.M. to 7:00 P.M. Monday through Friday, and from 8:00 A.M. to l:00 P.M. Saturday, except generally recognized holidays;

(d) Electrical power sufficient for operation of Building standard lighting, customary general office copying, data processing, telecopying and word processing equipment and machinery, and other equipment and machinery of similar low electrical consumption, but excluding special lighting in excess of Building standard, or any item of equipment or machinery that (singly) consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than one hundred twenty (120) volts single phase; provided that, if any of Tenant’s equipment or machinery, or any special electrical equipment or machinery installed by Landlord to service Tenant’s equipment or machinery, requires additional electrical service, air conditioning or ventilating capacity above that provided by the Building’s standard systems, then the additional electrical, air conditioning and/or ventilating equipment or machinery shall be provided by Tenant, and the installation and operating cost of such additional equipment or machinery shall be Tenant’s obligation;

(e) Lamps, bulbs, starters and ballasts for Building standard lighting fixtures used on the Leased Premises; and

(f) Building security service; provided that Landlord shall not be liable to Tenant, or its agents, contractors, employees, invitees or visitors, for loss due to theft or burglary, or damage done by persons in the Building or on the Land.

Landlord may employ an independent power consumption survey expert to render an opinion as to the quantity of electricity consumed by Tenant. If such survey indicates Tenant’s consumption is in excess of one (1) kilowatt-hour per month per usable square foot in the Leased Premises, Tenant shall pay the cost of such survey together with the cost to Landlord of such excess electrical consumption. Heating and air conditioning service shall be available to Tenant at an additional charge at times other than the hours during which such service is to be provided pursuant to Section 6.0l(c). Tenant shall give Landlord eight (8) hours’ advance notice of need for additional service. Landlord shall provide upon request a list of such charges from time to time. Should any equipment or machinery utilized in supplying the services listed herein cease to function properly, Landlord shall use reasonable efforts to repair same promptly, but Tenant shall have no right to terminate this Lease, and no claim for rebate of Rental or damages, on account of any interruption in service occasioned thereby or resulting therefrom. Notwithstanding any other provision hereof, if any law, ordinance or other governmental regulation now or hereafter in effect imposes a limit or allocation to the Building on any utility or other service, whether or not the same is to be supplied to the Building or the Leased Premises by Landlord pursuant to this Section 6.0l, then Tenant shall not use or cause to be consumed on the Leased Premises, nor shall Landlord be required to provide to the Leased Premises, such utility or other service in an amount or manner that would result in violation by either party of such law, ordinance or regulation.

SECTION 6.02. LANDLORD’S REPAIRS . Landlord shall keep the Common Area (as hereinafter defined), foundations, exterior Building walls (including door frames, window frames, doors and windows), exteriors of Building interior demising walls (including door frames and window frames, but excluding doors, windows and other glass), roof, drains, gutters, all structural parts of the Building, and all air conditioning, electrical, heating, mechanical and plumbing systems in the Building, in good repair and, if necessary or required by proper governmental authority, but subject to the provisions of Section 5.03(i), make modifications or replacements thereof, except that, subject to the provisions of Section 9.03, Landlord shall not be required to pay for any such repairs or replacements that become necessary by reason of Tenant’s, or its agent’s, contractor’s, employee’s, invitee’s or visitor’s, act or omission, unless covered by insurance against such hazards however caused.

SECTION 6.03. TENANT’S REPAIRS . All repairs, replacements or maintenance to the Leased Premises that are not Landlord’s express obligation shall be made by Tenant, and the same shall at all times be kept by Tenant in good order, condition and repair, and in clean, sanitary and safe condition in accordance with all applicable laws, ordinances and regulations of any governmental authority having jurisdiction thereover. In addition, subject to the provisions of Section 9.03, Tenant shall repair or replace any damage or injury done to the Building, or any part thereof, outside the Leased Premises caused by Tenant’s, or its agent’s, contractor’s, employee’s, invitee’s or visitor’s, act or omission, unless covered by insurance against such hazards however caused. All repairs or replacements shall be undertaken by Tenant or contractors approved in advance by Landlord. If Tenant fails to make such repairs or replacements promptly after notice, Landlord may, at its option, make such repairs or replacements, and Tenant shall repay the costs thereof, together with fifteen percent (15%) additional overhead charge, to Landlord upon demand. Tenant shall also be responsible for all carpet and drapery cleaning, and other janitorial services, not included within the standard cleaning set forth in Section 6.01(b), but Tenant shall obtain Landlord’s prior approval of contractors engaged to perform such services.

SECTION 6.04. ADDITIONS, ALTERATIONS AND IMPROVEMENTS . Tenant shall not make nor allow to be made any alterations or physical additions in or to the Leased Premises, without first obtaining Landlord’s prior consent. All additions, alterations and improvements shall be made under contracts providing for partial lien waivers from all persons otherwise entitled to a lien in exchange for each progress payment. All contractors, mechanics or laborers used by Tenant in performance of any such work shall be subject to Landlord’s prior approval. All such additions, alterations or improvements when made to the Leased Premises by Tenant shall at once become Landlord’s property, and shall be surrendered to Landlord upon expiration or termination hereof by lapse of time or otherwise unless Landlord, by notice to Tenant no later than twenty (20) days after the date fixed as the expiration or termination hereof, elects to have them removed immediately at Tenant’s expense. Tenant shall repair any damage to the Building caused by installation or removal of any such additions, alterations or improvements, or any movable equipment or furniture of Tenant.

SECTION 6.05. LIENS . Tenant shall keep the Leased Premises free from any liens, including, but not limited to, mechanics’ liens, arising out of goods or services furnished to Tenant, or any person claiming by, through or under Tenant. If any such lien attaches to the Leased Premises, Landlord may, after thirty (30) days’ notice to Tenant, pay the amount of such lien to cause its release and such payment shall be deemed an advance under Section 11.03.

SECTION 6.06. USE OF COMMON AREA . The “Common Area” shall comprise all public spaces within the Building, including lobbies, hallways, stairways, elevators and escalators. Landlord hereby grants to Tenant, and its agents, contractors, employees, invitees and visitors, the nonexclusive right to use the Common Area as from time to time constituted, in common with Landlord and all other tenants, and its and their respective agents, contractors, employees, invitees and visitors. No portion of the Common Area shall be used by Tenant for any purpose whatsoever other than, or that would interfere with, pedestrian traffic.

ARTICLE VII
SECURITY

SECTION 7.01. SECURITY DEPOSIT . Intentionally omitted

ARTICLE VIII
ASSIGNMENT AND SUBLETTING

Tenant shall not assign or encumber this Lease or any interest herein, or sublet the Leased Premises or any part thereof, or permit use of the Leased Premises or any part thereof by any person other than Tenant, without Landlord’s prior. If this Lease is assigned, or the Leased Premises or any part thereof are sublet or occupied by any person other than Tenant, Landlord may collect rent from such assignee, subtenant or occupant, and apply the net amount collected to Rental, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of the requirement for consent, or acceptance of such assignee, subtenant or occupant as tenant, or a release of Tenant from further performance by Tenant of the terms, covenants, conditions and provisions hereof. Notwithstanding any assignment, sublease or occupancy by others, Tenant shall remain fully liable hereunder, and shall not be released from performing any term, covenant, condition or provision hereof. If this Lease is assigned, or the Leased Premises are sublet or occupied by someone other than Tenant, and such assignee, subtenant or occupant is required by Tenant to pay an amount in excess of the amount required to be paid hereunder by Tenant to Landlord, then such excess amount shall be Landlord’s property and Rental shall be deemed to be raised to an amount that equals the amount agreed to be paid by such assignee, subtenant or occupant.

ARTICLE IX
NONLIABILITY, INDEMNIFICATION AND INSURANCE

SECTION 9.01. EXCULPATION OF LANDLORD; WAIVER OF CLAIMS BY TENANT . Landlord, and its agents, contractors, employees, invitees and visitors, shall have no liability to Tenant, or its agents, contractors, employees, invitees or visitors, for any damage to Tenant’s, or its agents’, contractors’, employees’, invitees’ or visitors’, person or property, including any consequential damages arising therefrom, irrespective of the cause of such damage, and whether or not caused or alleged to be caused, in part or whole, by joint or several negligence, breach of contract, breach of warranty or other breach of duty on Landlord’s, or its agent’s, contractor’s, employee’s, invitee’s or visitor’s, part. No such occurrence shall be deemed to be an actual or constructive eviction from the Leased Premises, or result in abatement of Rental except as provided in Article IX. Tenant shall carry such insurance as it deems adequate to fully protect it against loss or damage to its property by any casualty coverable by fire and extended coverage insurance, and all such insurance shall contain or be endorsed with a clause permitting waiver of rights of recovery prior to loss and waiving all rights of subrogation so long as such a clause is available. Tenant hereby waives all claims for recovery from and releases Landlord, and its agents, contractors, employees, invitees and visitors, and hereby waives all claims of recovery from and releases all other tenants, and their respective agents, contractors, employees, invitees and visitors, for any loss or damage to Tenant’s property, to the extent such loss or damage is or could have been insured by valid and collectible fire and extended coverage insurance policies in standard form containing a waiver of subrogation provision or endorsement, it being the parties’ intent to assign the entire risk of loss arising out of damage to Tenant’s property to Tenant or its insurance carrier. Landlord shall use reasonable efforts to require other tenants to make similar waivers in their respective leases.

SECTION 9.02. PUBLIC LIABILITY INSURANCE FOR LEASED PREMISES . Tenant shall procure and maintain during the Term a policy or policies of insurance written by a responsible insurance company or companies (which may be written to include the Leased Premises in conjunction with other premises owned or operated by Tenant) insuring Landlord, Tenant and any mortgagee(s) of Landlord against all losses, claims, demands or actions for injury to or death of one or more persons in any one occurrence to the limit of not less than Two Million Dollars ($2,000,000), and for damage to property to the limit of not less than One Million Dollars ($1,000,000.00), arising from Tenant’s conduct and operation of its business in the Leased Premises, and providing that such policy or policies can be amended or canceled only upon at least thirty (30) days’ prior notice to Landlord, with contractual liability endorsements, and shall furnish Landlord certificates evidencing the existence thereof.

SECTION 9.03. WAIVER OF CLAIMS BY LANDLORD . Landlord shall procure and keep in effect during the Term fire and extended coverage insurance on the Building in such amounts as Landlord deems necessary effectively to protect itself against loss to its property arising out of casualty covered by such insurance. All fire and extended coverage insurance carried by Landlord with respect to the Building or its property located therein shall contain or be endorsed with a clause permitting waiver of rights of recovery prior to loss and waiving all rights of subrogation so long as such a clause is available. Landlord hereby waives all claims for recovery from and releases Tenant, and its agents, contractors, employees, invitees and visitors, for any loss or damage to the Building or Landlord’s property located therein, to the extent such loss or damage is or could have been insured by valid and collectible fire and extended coverage insurance policies in standard form containing a waiver of subrogation provision or endorsement, it being the parties’ intent to assign the risk of loss arising out of damage to the Building or Landlord’s property located therein to Landlord or its insurance carrier to the maximum extent possible. Howev