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whole or in part by any act or omission on the part of Lessor or any licensees, invitees, agents,servants and employees of Lessor 17. INSURANCE. a. Lessee's Insurance. Throughout the term of this Lease(and prior to any possession of the Premises by Lessee for any reason),Lessee shall be responsible for providing(a)fire and extended coverage insurance on its personal property contentsleasehold improvements,fixtures,furnishings,supplies, materials, inventory or equipment located in or on the Premises,(b)workers'compensation insurance in statutory limits(if Lessee is required to carry it under North Carolina law),(c)public liability insurance in an amount adequate to protect against liability for damage claims to the public use arising out of accidents occurring in or about the Premises, in adequate and reasonable amounts(at least $1,000,000.00)and to furnish Lessor with a certificate of insurance evidencing such coverage. Lessee agrees to name Lessor as an additional insured on said policies of liability insurance other than workers' compensation insurance and to deliver certificate(s)for said insurance to Lessor. Failure to provide such coverage and promptly deliver said certificate(s)to Lessor shall be deemed a default under the Lease. b.Lessor's Insurance. Lessor shall procure and maintain at its expense throughout the term of the Lease a policy or policies of real and personal property insurance covering the Premises(excluding Lessee's personal property),in an amount equal to the full insurable replacement cost thereof as such • may increase from time to time(but such insurance may provide for a commercially reasonable deductible),and in an amount sufficient to comply with any coinsurance requirements in such policy, and a policy of workers' compensation insurance,if any, as required by applicable law. In addition, Lessor shall procure and maintain at its expense and shall thereafter maintain throughout the term of the Lease,a commercial general liability insurance policy covering the Premises with combined single • limits for both damage to property and personal injury of not less than$1,000,000.00 per occurrence, subject to annual aggregate limits of not less than$2,000,000.00. To the'extent Lessor has agents enter the Premises,Lessor shall cause each such agent to maintain commercial general liability insurance in the same limits as Lessor's policy. c. Mutual Waiver of Subrogation. Lessor and Lessee mutually release and waive unto the other,all rights to claim damages,cost or expenses for any injuries to persons(including death)or property caused by casualty of any type whatsoever in or about the Premises, if the amount of such damages,cost or expense has been paid to such party under the terms of any policy of insurance. All insurance policies carried with respect to this Lease, if permitted underapplicable law,shall contain a provision whereby the insurer waives, prior to loss,all rights of subrogation against either Lessor or Lessee. 18. HAZARDOUS SUBSTANCES During the term.of this Lease,Lessee shall not,and shall not permit any other person or entity,to use, generate, manufacture,treat, store,transport, dispose,spill, PPA6 6118535v1