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<br />shall be subject to the prior written approval of landlord as to construction, method
<br />of attachment, size, shape, height, lighting, color and general appearance. All signs
<br />shall be kept in good condition and in proper operating order at all times.
<br />
<br />ARTICLE XII. UTILITIES
<br />
<br />12.1 landlord agrees to cause to be provided and maintained the necessary mains,
<br />conduits and other facilities necessary to supply water, gas (if deemed appropriate
<br />by landlord), electricity, telephone service and sewage service to a point in the
<br />Shopping Center.
<br />
<br />12.2 Tenant shall promptly pay all charges for electricity, water, gas, telephone
<br />service, sewage service and other utilities furnished to the Demised Premises.
<br />landlord may, If It so elects, furnish one or more utility services to Tenant, and, In
<br />such event, Tenant shall purchase the use of such services as are tendered by
<br />landlord and shall pay on demand as additional rental the rates established
<br />therefor by landlord which shall not exceed the rates which would be charged for
<br />the same services if furnished directly by the local public utility companies.
<br />Landlord may at any time discontinue furnishing any such service without obligation
<br />to Tenant other than to connect the Demised Premises to the public utility, if any,
<br />furnishing such service.
<br />
<br />12.3 Except for Landlord's gross negligence, Landlord shall not be liable for any
<br />interruption whatsoever in utility services.
<br />
<br />ARTICLE XIII. INSURANCE LIABILITY AND INDEMNITY
<br />
<br />13.1 landlord shall not be liable to Tenant or to Tenant's employees, agents, or
<br />visitors, or to any other person whomsoever, for any injury to person or damage to .
<br />property on or about the Demised Premises or the Common Area caused by the
<br />negligence or misconduct of Tenant, its employees, subtenants, licensees or
<br />concessionaires or of any other person entering the Shopping Center under
<br />express or implied invitation of Tenant, or arising out of the use of the premises by
<br />Tenant and the conduct of its business therein, or arising out of any breach or
<br />default by Tenant in the performance of its obligations hereunder; and Tenant
<br />hereby agrees to indemnify landlord and hold Landlord harmless from any loss,
<br />expense or claims arising out of such damage or injury.
<br />
<br />13.2 landlord at its sole cost and expense shall keep the building insured against
<br />loss or damage by fire and other casualties insurable under the Standard Fire and
<br />Extended Coverage policy. It shall be the responsibility of the Tenant to insure its
<br />own contents including but not limited to improvements and betterments, furniture,
<br />fixturerJ, stock inventory, and glass storefronts for glass breakage. Tenant shall
<br />procure and maintain throughout the term of this lease an all risk policy or policies
<br />of insurance, at its sole cost and expense, insuring both landlord and Tenant
<br />against all claims, demands or actions arising out of or in connection with
<br />Tenant's use or occupancy of the Demised Premises, or by the condition of the
<br />Demised Premises, the limits of such policy or policies to be in an amount not less
<br />than $1,000,000 in respect of anyone accident or disaster, and in an amount not
<br />less than $1,000,000 in respect of property damaged or destroyed, and to be
<br />written by insurance companies satisfactory to Landlord. These amounts are
<br />subject to change by Landlord. Additionally, should Tenant's use include the sale of
<br />any alcoholic beverage, Tenant shall procure and maintain liquor liability coverage.
<br />Tenant shall obtain a written obligation on the part of each insurance company to
<br />notify Landlord at least ten days prior to cancellation of such insurance. Such
<br />policies or duly executed certificates thereof will be furnished to Landlord at least
<br />thirty days prior to the expiration of the respective policy terms. If Tenant should
<br />fail to comply with the foregoing requirements relating to insurance, Landlord may
<br />obtain such insurance and Tenant shall pay to Landlord on demand as additional
<br />rent hereunder the premium cost thereof plus interest at the maximum contractual
<br />rate (but in no event to exceed 1-1/2% per month) from the date of payment by
<br />landlord until repaid by Tenant.
<br />
<br />13.3 Each party hereto hereby waives any and every claim which arises or may
<br />arise in its favor and against the other party hereto, or anyone claiming through or
<br />under them by way of subrogation or otherwise, during the term for any and all loss
<br />of, or damage to, any of its property (whether or not such loss or damage is caused 1t\IITIAl.
<br />
<br />
<br />fllsiwlia J(etaIi Group, /1/(.', -~-
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