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. . . . . . . . . . . . . . . . . 'l (l Cl . o . . . . . . . . . . . . . . . . . . . . A improvements include, but are not limited to, wall-mount and central Ale systems, build- outs, flooring, lighting fixtures and similar items that are permanently attached to the property. 8. RISK OF LOSS / WATER DAMAGE / DESTRUCTION BY FIRE: All personal property of the tenant placed or moved onto the leased premises shall be at the risk of the tenant. The landlord shall not be liable for any reason or in any manner for damage or loss of the property of the tenant. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY THE TENANT THAT THE LANDLORD IS NOT RESPONSIBLE FOR DAMAGE OR INJURY CAUSED BY THE RISING OR LEAKAGE OF WATER IN OR ABOUT THE PREMISES. In the event that the premises shall be damaged or destroyed by fire or other casualty during the term of this agreement, whereby the leased premises are rendered "untenantable" pursuant to applicable law, then the Landlord shall have the right to make such repairs as required to render the premises tenantable within ninety days. Rent shall be abated during the period of untenantability. Should the premises remain untenantable following the expiration of the ninety-day period, either party may terminate this agreement by written notice' delivered to the other. In the event of cancellation, rent shall be paid through the date of the casualty at issue. 9. NOT A "SECURE PROPERTY" & WAIVER OF LIABILITY: The Landlord only rents space to the tenant and makes no representation or warranties concerning the security or safety of the leased premises. The space being rented is not considered a "secure property" and the tenant is hereby advised that no security system is proof against loss of property or injury to persons and that the tenant is solely responsible for the security of same. WAIVER OF LIABILITY ALL RISK OF LOSS, INCLUDING BUSINESS LOSSES, PROPERTY DAMAGE, OR INJURY TO PERSONNEL OR PROPERTY OF THE TENANT, TENANT'S INVITEE, AND GUESTS IS SOLELY AND ENTIRELY THE RISK OF THE TENANT. The Landlord is not responsible for theft, fire, flood, and/or any other similar casualty, any acts of nature or G-d, or the intentional negligent acts of third parties. The Landlord is not a bailee, warehousemen or insurer of the Tenant, his guests, and/or their property. The Tenant expressly releases the Landlord from any liability for loss, damage, loss of business or profits, or injury to property or person caused by the negligence of third parties not under the supervision and control of the Landlord. This provision has been called to the Tenant's attention and the Tenant acknowledges that he/she read and understands this provision by initialing below. ~Tenant initials 10. INSURANCE COVERAGES REQUIRED: The Landlord does not maintain any insurance to cover loss to the property of tenants brought upon the premises. Accordingly, the Tenant shall maintain at all times during the lease term, at tenant's cost, a comprehensive public liability insurance policy protecting Landlord against all claims or demands that may arise or be claimed on account of tenant's use of the premises. The policy must be in an amount of at least $1,000,000.00 for injuries to persons in one accident, $1,000,000.00 for injuries to anyone person, and $50,000.00 for damages to property. In addition, the lessee shall carry plate-glass insurance. The Landlord shall be named as an additional insured under the terms of both policies. The insurance shall be written by a company or companies acceptable to Landlord, Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY Property: 1M15 NE 21 Avenue fit( Oate:J- ~-'ID Tenant Initials: I Page 2