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in any one accident and property damage liability in an amount not less <br />than $1,000,000.00 for each accident, and such insurance shall insure <br />Tenant's contractors against any and all claims for bodily injury, including <br />death resulting therefrom, and damage to the property of others arising <br />from its operations under the contracts, whether such operations are <br />performed by Tenant's contractors, or by anyone directly or indirectly <br />employed by any of them; and "all-risk" builder's risk insurance upon the <br />entire Expansion Area improvements to the full insurable value thereof, <br />which shall include the interests of Landlord and Tenant (and their <br />respective contractors and subcontractors of any tier to the extent of any <br />insurable interest therein) in the Expansion Area work and shall insure <br />against the perils of fire and extended coverage and shall include "all-risk" <br />builder's insurance for physical loss or damage including, without <br />duplication of coverage, vandalism and malicious mischief, and if portions <br />of the Expansion Area work are stored off the site of the Building or in <br />transit to said site and are not covered under said "all-risk" builder's risk <br />insurance, then Tenant shall effect and maintain similar property insurance <br />on such portions of the Expansion Area work. Any loss insured under said <br />"all-risk" builder's risk insurance is to be adjusted with Landlord and <br />Tenant and made payable to Landlord, as trustee for the insureds, as their <br />interests may appear; <br />(ix) Without limiting of the indemnification provisions contained in the Lease, <br />Tenant shall indemnify, protect, defend and hold harmless Landlord, the <br />parties listed, or required by, the Lease to be named as additional insureds, <br />and their respective beneficiaries, partners, directors, officers, employees <br />and agents, from and against all claims, liabilities, losses, damages and <br />expenses of whatever nature arising out of or in connection with the <br />Expansion Area work or the entry of Tenant or Tenant's contractors into <br />the Building and the Premises, including without limitation, mechanic's <br />liens, the cost of any repairs to the Premises or Building necessitated by <br />activities of Tenant or Tenant's contractors, bodily injury to persons <br />(including, to the maximum extent provided by law, claims arising under <br />the Minnesota Structural Act) or damage to the property of Tenant, its <br />employees, agents, invitees, licensees or others. It is understood and <br />agreed that the foregoing indemnity shall be in addition to the insurance <br />requirements set forth above and shall not be in discharge of or in <br />substitution for same or any other indemnity or insurance provision of the <br />Lease. <br />(x) Notwithstanding anything to the contrary provided in this Section 26.4, <br />Tenant may not commence any construction or other on -site activities with <br />respect to the Expansion Improvements or other improvements unless and <br />until Tenant has obtained from Landlord and Mortgagee, the Landlord's <br />and Mortgagee's written approval of Tenant's proposed means of <br />financing all of the costs to be incurred by Tenant in connection with the <br />construction of the Expansion Improvements or other improvements under <br />46 <br />