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<br />Landlord by any lawful taxing authority on account of Landlord's interest in this Lease, Rent or other charges
<br />reserved hereunder, as a substitute in whole or in part for, or in addition to Taxes described above.
<br />Section 5.3 . Tenant shall pay before delinquency all taxes levied against Tenant's personal property and
<br />trade fixtures in the Premises. If any such taxes are levied against Landlord or Landlord's property and
<br />Landlord elects to pay the same, Tenant shall pay to Landlord upon demand as Additional Rent that part of
<br />such taxes for which Tenant is primarily liable hereunder.
<br />Section 5.4 The term Insurance Costs means all premiums for liability insurance, fire and extended
<br />coverage insurance, rental loss and all other insurance as may be carried from time to time by Landlord
<br />covering all or any portion of the Premises. In the event that any insurance carried by Landlord covers
<br />property in addition to the Premises, Insurance Costs shall include the premium which would have been paid
<br />by Landlord for a similar policy of insurance covering only the Premises.
<br />Section 5.5 Landlord shall not be liable to Tenant or to Tenant's employees, agents, or visitors, or to any
<br />other person whomsoever, for any injury to person or damage to property on or about the Prem ises ca used
<br />by the negligence or misconduct of Tenant, its employees, subtenants, licensees or concessionaires, or of
<br />any other person entering the Premises under express or implied invitation of Ten ant, or arising out ofthe use
<br />of the Premises by Tenant and the conduct of its business therein or arising out of any breach or default by
<br />Tenant in the performance of its obligations hereunder; and Tenant hereby agrees to indemnity and hold
<br />Landlord harm less from and against any and all liability, loss, damage, expense Of claim arising out of such
<br />damage or injury or resulting from any breach, violation or nonperformance of any covenants or conditions
<br />hereof by Tenant, its agents, employees or Invitees.
<br />Section 5.6 Tenant shall procure and maintain throughout the Term a policy or policies of insurance, at
<br />its sole cost and expense, insuring both Landlord (by naming Landlord as an additional insured) and Tenant
<br />against all claims, demands or actions arising out of or in connection with the Premises, the condition of the
<br />Premises, Tenant's operations in and maintenance and use of the Premises, and Tenant's liability assumed
<br />under this Lease, the limits of such policy or pOlicies to be in an amount not less than $500,000 per
<br />occurrence and $1,000,000 aggregate for injury to persons (including death), and for damage or destruction,
<br />including loss of use thereof (Tenant's Required Insurance). All such policies shall be procured by Tenant
<br />from responsible insurance companies licensed to do business in Texas satisfactory to Landlord. Certified
<br />copies of such policies or duly executed "Certificates of Insurance: together with receipt evidencing payment
<br />of premiums therefor, shall be delivered to Landlord prior to the Commencement Date of this Lease, or prior
<br />to the date Landlord delivers possession of the Premises to Tenant, whichever is the earlier to occur. Not less
<br />than thirty (20) days prior to the expiration date of any such policies, certified copies of the renewals thereof
<br />or the duly executed .Certificates of Insurance," bearing notations evidencing the payment of renewal
<br />premiums, shall be delivered to Landlord. Such policies shall further provide that not less than thirty (30) days
<br />written notice shall be given to Landlord before such policy may be canceled or changed to reduce insurance
<br />provided thereby. If Tenant should fail to comply with the foregoing requirements relating to insurance,
<br />Landlord may obtain such insurance and Tenant shall pay to Landlord on demand, as Additional Rent
<br />hereunder, the premium cost thereof, plus an administrative fee of fifteen percent (15%).
<br />Section 5.7 All other insurance coverage shall be the responsibility of Ten ant, including, without limitation,
<br />fire and extended coverage, theft, liability, plate glass breakage, and all insurance covering Tenant's stock
<br />of goods, trade fixtures, and all other contents of the Premises. Any insurance against casualty loss which
<br />may be carried by either Landlord or Tenant shall be under the sole control of the party carrying such
<br />insurance. Tenant and its assignees hereby expressly waive any cause of action or right of recovery that it
<br />may hereafter have against Landlord for any loss or damage to the Prem ises or to the building of which the
<br />Premises are a part, or to the contents thereof belonging to Tenantcontained in said Prem ises caused by fire,
<br />explosion or other risk covered or which could be covered by a Texas Standard Form of Fire and Extended
<br />Coverage Policy, and no third party shall have any such right of recovery by way of subrogation or otherwise.
<br />Section 5.8 Tenant shall pay to Landlord monthly (as Additional Rent) an amount equal to Landlord's
<br />estimate of 1/12 of the annual Maintenance Costs, Taxes and Insurance Costs on the same day that Base
<br />Rent Is due. Landlord's initial estimate of 1/12 ofthe annual Maintenance Costs, Taxes and Insurance Costs
<br />is set forth in Paragraph 1.10.3. Landlord may, at its option, increase the amount of Tenant's monthly
<br />payment towards the annual Maintenance Costs, Taxes and/or Insurance Costs from time to time, based
<br />upon Landlord's estimate of annual Maintenance Costs, Taxes and Insurance Costs.
<br />Section 5.9 Within one hundred twenty (120) days after the end of each calendar year, Landlord shall
<br />provide Tenant with a statement showing the actual amount of Maintenance Costs, Taxes and Insurance
<br />Costs for such calendar year, itemized in reasonable detail. If the aforesaid installment payments made by
<br />Tenant for a given year are more than such annual Maintenance Costs, Taxes and Insurance Costs Landlord
<br />shall credit the amount of the excess to Tenant's next installment(s) of Additional Rent, or at landlo~d's option
<br />~efund same to Tenant or apply any such excess against any other amount Tenant owes Landlord. If said
<br />Installment payments made are less than the actual Maintenance Costs, Taxes and Insurance Costs for such
<br />year, Te':lant shall pay Landlord the difference within thirty (30) days after receipt of said statement. In either
<br />case, nelt~er party shall be entitled to payment or credit for any amounts owing for more than two (2) years,
<br />unless claims for such amounts are made prior to the end of such two (2) year period.
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<br />ARTICLE 6. USE AND OCCUPANCY OF PREMISES
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