Bank’s Liability for Collateral. So long as Bank complies with reasonable banking practices regarding the safekeeping of the Collateral in the possession or under the control of Bank, Bank shall not be liable or responsible for: # the safekeeping of the Collateral; # any loss or damage to the Collateral; # any diminution in the value of the Collateral; or # any act or default of any carrier, warehouseman, bailee, or other Person. Co-Borrowers bear all risk of loss, damage or destruction of the Collateral.

Landlord’s Liability. The liability of Landlord hereunder shall be limited to its interest in the Leased Property.

The Lender Group’s Liability for Collateral. Each Borrower hereby agrees that: # so long as Agent complies with its obligations, if any, under the Code, the Lender Group shall not in any way or manner be liable or responsible for: # the safekeeping of the Collateral, # any loss or damage thereto occurring or arising in any manner or fashion from any cause, # any diminution in the value thereof, or # any act or default of any carrier, warehouseman, bailee, forwarding agency, or other Person, and # all risk of loss, damage, or destruction of the Collateral shall be borne by Borrowers.

Liability, Worker’s Compensation and Employer’s Liability. Tenant’s Agents shall carry # commercial general liability insurance with limits of not less than Ten Million Dollars ($10,000,000) combined single limit for bodily injury and property damage, including personal injury and death, and contractor’s protective liability, and products and completed operations coverage in an amount not less than Ten Million Dollars ($10,000,000) in the aggregate (provided that the above limit may be satisfied by a primary policy and umbrella/excess liability policy so long as the other requirements of this Section 4 are satisfied); # commercial automobile liability insurance with a policy limit of not less than Five Million Dollars ($5,000,000) each accident for bodily injury and property damage, providing coverage at least as broad as the Insurance Services Office (ISO) Business Auto Coverage form covering Automobile Liability, code 1 “any auto,” and insuring against all loss in connection with the ownership, maintenance and operation of automotive equipment that is owned, hired or non-owned; and # worker’s compensation with statutory limits and employer’s liability insurance with a limit of not less than One Million Dollars ($1,000,000) per accident; provided, however, such Ten Million Dollar limits in [clauses (a) and (b) above] shall be reduced to One Million Dollars ($1,000,000) for any subcontractor that is not a Major Subcontractor and to Two Million Dollars ($2,000,000) for any Major Subcontractor.

as a Lender and a L/C Issuer

[[Address B:Address]]

by

/s/ Richard J. Ameny Jr.

Name: Richard J. Ameny Jr.

Intesa Sanpaolo S.p.A., New York Branch,

The undersigned hereby consents to the Amendment:

By: /s/ Ralph J Creasia, Jr._ ​

Name: Ralph J Creasia, Jr.

Title: Senior Vice President