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<br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />INSURANCE <br />Workman's Compensation <br /> <br />MINIMUM <br />Statutory limits <br /> <br />Employer's Liability <br /> <br />$1,000,000 per accident <br />for bodily injury or disease <br /> <br />Commercial General Liability <br /> <br />$3,000,000 per occurrence <br />and $3,000,000 aggregate for <br />bodily injury, personal injury and <br />property damage. <br /> <br />Automobile Liability <br /> <br />$1,000,000 per accident. <br /> <br />Licensee shall provide the Licensor with a certificate of insurance and <br />endorsements showing Licensor and Licensor's property manager, TMG <br />Partners, as additional insureds. The certificate shall provide for a ten-day <br />written notice to Licensor in the event of cancellation or material change of <br />coverage. To the maximum extent permitted by insurance policies, which may <br />be maintained by Licensor or Licensee, Licensee and Licensor, for the benefit of <br />each other, waive any and all rights of subrogation, which might otherwise exist. <br /> <br />DESTRUCTION OF LICENSED AREA. In the event of a partial or full <br />destruction of the Licensed Area, this License shall immediately terminate and <br />Licensor shall not be liable for any loss or damage of any kind as a result thereof. <br />Licensor shall not be responsible for any repairs to the building of the Licensed <br />Area and Licensee will immediately vacate the Licensed Area. <br /> <br />LICENSOR' REMEDIES ON DEFAULT. If Licensee fails in the performance or <br />defaults in any of the other covenants or conditions hereof, Licensor may give <br />Licensee notice of such default and if Licensee does not cure any such default <br />within three business days after notice from Licensor thereof, then Licensor may <br />terminate this License upon delivery of written notice to Licensee. On the date <br />specified in such notice, Licensee shall than quit and surrender the Licensed <br />Area to Licensor. <br /> <br />SECURITY DEPOSIT. No security deposit will be required. <br /> <br />ATTORNEY FEES AND COSTS. In any dispute between the parties regarding <br />the enforcement of any rights under this License (regardless of whether or not <br />litigation is commenced between the parties), the prevailing party shall be entitled <br />to receive from the non-prevailing party any and all of the costs and expenses <br />incurred by the prevailing party in connection with the dispute, including, without <br />limitation, reasonable attorneys' and consultants' fees and expenses. <br /> <br />14. <br /> <br />WAIVER. No failure of Licensor to enforce any term hereof shall be deemed a <br />waiver. <br /> <br />15. <br /> <br />ENTIRE AGREEMENT. The foregoing constitutes the entire agreement between <br />the parties and may be modified only by a writing signed by both parties. <br /> <br />16. <br /> <br />SURRENDER. On the Expiration Date or the earlier termination of this License, <br />Licensee shall vacate and surrender the Licensed Area to Licensor, broom-clean, <br />in the condition delivered to Licensee, ordinary wear and tear excepted. <br /> <br />PA/52172147.4 <br />