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and excise fees and occupation taxes covering the business conducted on the Premises. Ifany govemmental authority or
<br />unit under any present or future law effective at any time during the Lease Term hereof shall in any manner levy a tax on
<br />rents payable under this Lease or rents accruing from use ofthe Premises or a tax in any form against Landlord because
<br />of, or-rneasured by, income derived from the leasing or rental ofsaid properly, such tax shall be paid by Tenant, either
<br />directly or through Landlord, and upon Tenant's default therein, Landlord shall have the same remedies as upon failure to
<br />pay Rent. It is understood and agreed, however, that Tenant shall not be liable to pay any net income tax imposed on
<br />Landlord unless, and then only to the ext€nt that, the net income tax is a substitute for real estate taxes.
<br />5. INSTJRANCE.
<br />5.1. Property Insurance. Landlord shall, at Tenant's expense as provided in Section 3.4.2 hereof, obtain
<br />and keep in force during the term of this Lease, a policy or policies of insurance covering loss or damage to the Premises,
<br />the Building and the Property, in the amount of the full replacement value thereof, providing for prokction against all
<br />perils, excluding earthquake coverage, included within the classification of frre extended coverage, vandalism, malicious
<br />mischief, special extended perils (all risk) and water damage, public liability insurance and for such other insurance that
<br />Landlord purchases to protect Landlord from liability arising from Tenants use and occupancy ofthe property' Said
<br />insurance shall provide for payment for loss thereunder to Landlord.
<br />5.2. Tenant Insurance Policies. During the entire Lease Term, the Tenant shall, at its own expense,
<br />maintain adequate premises liability and property damage insurance with a reputable insurance company or companies
<br />with minimum amounts of $2,000,000.00 combined single limit and $2,000,000 annual aggregate for personal injuries and
<br />propefty damage, to indemnif both Landlord and Tenant against any such claims, demands, losses, damages, liabilities
<br />*d .*p.nr.r. Landlord and the management company, if any, employed by Landlord with respect tc the Property shall
<br />be named as insureds and shall be fumished with a certificate of such insurance, which shall bear an endorsement that ttre
<br />same shall not be canceled except upon not less than thirty (30) days' prior written notice to Landlord Tenant shall provide
<br />Landlord with copies of the policies of insurance or certificates thereof. If Tenant fails to maintain such insurance,
<br />Landlord may maintain the same on behalf of Tenant. Any premiums paid by Landlord shall be deemed additional rent
<br />and shall be due on the payment date of the next installment of Minimum Rent hereunder.
<br />5.3. Waiver of Subrogation. Landlord and Tenant hereby mutually release each other from liability and
<br />waive all right ofrecovery against each other for any loss in or about the Premises, from perils insured against under their
<br />respective frre insurance iontracts, including any and all risk endorsements thereof, whether due to negligence or any other
<br />cause; provided that this Section shall be inapplicable if it would have the effect, but only to the extent it would have the
<br />effect, ofinvalidating any insurance coverage oflandlord or Tenant. Tenant shall, atthe request oflandlord execute and
<br />deliver to Landlord a form of Waiver of Subrogation in the form and content as required by Landlord's insurance carrier.
<br />5.4. Companies. Insurance required hereunder shall be issued by companies rated A+ or better in "Bests"
<br />Insurance Guide or such other companies as approved by Landlord.
<br />5.5. Certificate of Insurance. A certificate issued by the insurance carrier for each policy of insurance
<br />required to be maintained by Tenant under the provisions of this Lease shall be delivered to Landlord at PO Box 36,
<br />Ellensburg, WA 98926, upon or before ilre delivery of the Premises to Tenant for any purpose and thereafter, as respects
<br />policy renewals, within thirty (30) days prior to the expiration of the term of each such policy. Each of said certificates of
<br />inrur-.. and each such policy of insurance required to be maintained by Tenant hereunder shall expressly evidence
<br />insurance coverage as requiredby this Lease. Ali such policies shall be written as primary policies not contributing with
<br />and not in excess of coverage which Landlord may carry.
<br />5.6. Personal Property Insurance. Tenant is responsible for obtaining its own insurance covering
<br />Tenant's personal property and the contents ofthe Property from any peril. Tenant shall hold Landlord harmless from
<br />any and all damage to Tenant's contents and personal property.
<br />6. USEOFPREMISESBYTENANT.
<br />6.1. Permitted Uses. Tenant will use and occupy said Premises for the purpose of conducting any use
<br />allowed under the zoning of the property as established by the zone assigned to the Property by the City of
<br />Ellensburg. Tenant shall not use or permit the Premises to be used for any other purpose or purposes except with the
<br />Commercial Building Lease
<br />Page 4 of26
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