Common use of Additional Insureds and Coverage Clause in Contracts

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's property management company or agent(s) and Sublandlord's lender(s) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(v) and with respect to the Subtenant Alterations. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Sublandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant shall not limit Subtenant's liability under this Sublease. It is the parties' intention that the insurance to be procured and maintained by Subtenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's operations of its business and/or Subtenant's or Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rent.

Appears in 3 contracts

Samples: Sublease Commencement Date Agreement (Ariba Inc), Sublease Commencement Date Agreement (Interwoven Inc), Sublease (Interwoven Inc)

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Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, SublandlordLandlord's property management company or agent(s) agent, and SublandlordLandlord's lender(s) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(ii) and and, with respect to the Subtenant AlterationsTenant Improvements, in Section 12.1(iv) hereof. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assignsRepresentatives' use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent SublandlordLandlord's cost of maintaining insurance with respect to the Building and/or any Buildings other buildings within the Project is increased as a result of SubtenantTenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant Tenant shall pay one hundred percent (100%) of, and for, each such increase as Additional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (New Focus Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's any property management company and/or agent of Landlord for the Premises, the Building, the Lot or agent(s) the Park, and Sublandlord's any lender(s) of Landlord having a lien against the Premises Premises, the Building, the Lot or any other portion of the Project Park shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(iii) and with respect to the Subtenant Alterationsabove. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assignsRepresentatives' use of the Premises and and/or any of the areas within the ProjectPark, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. Notwithstanding anything It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be borne by Tenant's insurance carriers pursuant to the contrary contained insurance policies procured and maintained by Tenant as required herein, to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rent.

Appears in 2 contracts

Samples: Lease Agreement (Interlink Electronics), Lease Agreement (Pri Automation Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's any property management company and/or agent of Landlord for the Premises, the Building, the Lot or agent(s) the Park, and Sublandlord's an; lender(s) of Landlord having a lien against the Premises Premises, die Building, the Lot or any other portion of the Project Park shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12. 1 (iii) and with respect to the Subtenant Alterationsabove. Additionally, all of such policies -policies shall provide for severability scverability of interest. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess umbrelWcxcess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the die excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under this SubleaseLease. It is the partiespanics' intention that the die insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assignsRepresentatives' use of the Premises and and/or any of the areas within the ProjectPark, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. Notwithstanding anything It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be bome by Tenant's insurance carriers pursuant to the contrary contained insurance policies procured and maintained by Tenant as required herein, to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rent.

Appears in 2 contracts

Samples: Lease Agreement (Competitive Companies Inc), Lease Agreement (Third Enterprise Service Group Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's any property management company and/or agent of Landlord for the Premises, the Buildings, the Lot or agent(s) the Park, and Sublandlord's any lender(s) of Landlord having a lien against the Premises Premises, the Buildings, the Lot or any other portion of the Project Park shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(iii) and with respect to the Subtenant Alterationsabove, as each of such parties' interests may appear. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Sublandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insuranceLandlord. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assignsRepresentatives' use of the Premises and and/or any of the areas within the ProjectPark, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. Notwithstanding anything It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be borne by Tenant's insurance carriers pursuant to the contrary contained insurance policies procured and maintained by Tenant as required herein, except to the extent Sublandlordof Landlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rentits authorized representatives' negligence or willful misconduct.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, SublandlordLandlord's property management company or agent(s) agent, and SublandlordLandlord's lender(s) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(ii) and and, with respect to the Subtenant Tenant Improvements and any Alterations. Additionally, all of such policies shall provide for severability of interestin Section 12.1(iv) hereof. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's liability insurance, be endorsed to state that it is primary, without right of contribution from insurance maintained by SublandlordLandlord, and shall be in excess of coverage which Landlord may have and shall be unaffected by any insurance or self-insurance Landlord may have regardless of whether any other insurance names Landlord as an insured or whether such insurance stands primary or secondary. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assignsRepresentatives' use of the Premises and any of the areas within the ProjectRidder Park Technology Center. Notwithstanding anything to the contrary contained herein, to the extent SublandlordLandlord's cost of maintaining insurance with respect to the 1001 Ridder Building and the 1717 Fox Building and/or any Buildings other buildings within the Project Ridder Park Technology Center is increased as a result of SubtenantTenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant Tenant shall pay one hundred percent (100%) of, and for, each such increase as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's property management company or agent(s(if any) and Sublandlord's lender(s) having a lien against the Premises or any other portion of the Project Lenders shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(v) and with respect to the Subtenant Alterations. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Sublandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant shall not limit Subtenant's liability under this Sublease. It is the parties' intention that the insurance to be procured and maintained by Subtenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's operations of its business and/or Subtenant's or Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rent.

Appears in 1 contract

Samples: Sublease (Netscreen Technologies Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's Landlord’s property management company or agent(s) agent, and Sublandlord's Landlord’s lender(s) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(ii) and and, with respect to the Subtenant Alterations. AdditionallyTenant Improvements, all of such policies shall provide for severability of interestin Section 12.1(iv) hereof. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's ’s liability insurance, be endorsed to state that it is primary, without right of contribution from insurance maintained by SublandlordLandlord, and shall be in excess of coverage which Landlord may have and shall be unaffected by any insurance or self-insurance Landlord may have regardless of whether any other insurance names Landlord as an insured or whether such insurance stands primary or secondary. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit Subtenant's Tenant’s liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's Tenant’s operations of its business and/or Subtenant's Tenant’s or Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' Tenant’s Representatives’ use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent Sublandlord's Landlord’s cost of maintaining insurance with respect to the Building and/or any Buildings other buildings within the Project is increased as a result of Subtenant's Tenant’s acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant Tenant shall pay one hundred percent (100%) of, and for, each such increase as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

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Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's Landlord’s property management company or agent(sagent, and Landlord’s lender(s) and Sublandlord's lender(s(of which Tenant has received written notice) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(ii) and and, with respect to the Subtenant AlterationsTenant Improvements, in Section 12.1(b) hereof. Additionally, all of such policies the commercial general liability policy shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant hereunder shall, except for workers' compensation ’ compensation, employer’s liability and employer's comprehensive automobile liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit Subtenant's Tenant’s liability under Section 13 of this SubleaseLease. Tenant shall not be liable for any damage to Landlord’s property in excess of the insurance carried or required to be carried by Tenant hereunder. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's Tenant’s use of, or operations of its business and/or Subtenant's or Subtenant's employeesin, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent Sublandlord's Landlord’s cost of maintaining insurance with respect to any of the Buildings within the Project is increased solely as a result of Subtenant's Tenant’s acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant Tenant shall pay one hundred percent (100%) of, and for, each such increase as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's ’s request from time to time, Sublandlord's ’s property management company or agent(s(if any) and Sublandlord's lender(s) having a lien against the Premises or any other portion of the Project Lenders shall be named included as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(v) and with respect to the Subtenant Alterations. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant shall, except for workers' compensation and employer's ’s liability insurance, be primary, without right of contribution from insurance maintained by SublandlordSublandlord except for active negligence or willful misconduct. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant shall not limit Subtenant's ’s liability under this Sublease. It is the parties' intention that the insurance to be procured and maintained by Subtenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's ’s operations of its business and/or Subtenant's ’s or Subtenant's ’s employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent Sublandlord's ’s cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's ’s acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as RentRent to the extent such an increase is demonstrated to arise from Subtenant’s activity.

Appears in 1 contract

Samples: Sublease (Ariba Inc)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, Sublandlord's any property management company and/or agent of Landlord for the Premises, the Building or agent(s) the Land, and Sublandlord's any lender(s) of Landlord having a lien against the Premises Premises, the Building or the Land and any ground lessor of Landlord, and such other portion of the Project persons as Landlord shall from time to time designate upon notice to Tenant, shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(v) and with respect to Section 12.1 above (the Subtenant Alterations“Additional Insureds”). Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant shall, except for workers' compensation and employer's ’s liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit Subtenant's Tenant’s liability under this SubleaseLease. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Subtenant's Tenant’s operations of its business and/or Subtenant's Tenant’s or Subtenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' Tenant’s Representatives’ use of the Premises and and/or any of the areas within the ProjectBuilding and Land, whether such events occur within the Premises or in any other areas of the Building or the Land. Notwithstanding anything It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord’s insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be borne by Tenant’s insurance carriers pursuant to the contrary contained insurance policies procured and maintained by Tenant as required herein, to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Project is increased as a result of Subtenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant shall pay one hundred percent (100%) of, and for, each such increase as Rent.

Appears in 1 contract

Samples: Lease Agreement (Unique Fabricating, Inc.)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, and at Sublandlord's request from time to time, SublandlordLandlord's property management company or agent(s) agent, and SublandlordLandlord's lender(s) (of which Tenant has received written notice) having a lien against the Premises or any other portion of the Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Paragraph 9.2(ii)-(vSection 12.1(ii) and and, with respect to the Subtenant AlterationsTenant Improvements, in Section 12.1(iv) hereof. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Subtenant Tenant hereunder shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by SublandlordLandlord. Any umbrella/excess liability policy (which shall be in "following form") shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The limits of insurance maintained by Subtenant Tenant shall not limit SubtenantTenant's liability under Section 13 of this SubleaseLease. Tenant shall not be liable for any damage to Landlord's property in excess of the insurance carried or required to be carried by Tenant hereunder. It is the parties' intention that the insurance to be procured and maintained by Subtenant Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to SubtenantTenant's operations of its business and/or SubtenantTenant's or SubtenantTenant's employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' Representatives use of the Premises and any of the areas within the Project. Notwithstanding anything to the contrary contained herein, to the extent SublandlordLandlord's cost of maintaining insurance with respect to the Building and/or any Buildings other buildings within the Project is increased as a result of SubtenantTenant's acts, omissions, Alterations, improvements, use or occupancy of the Premises, Subtenant Tenant shall pay one hundred percent (100%) of, and for, each such increase as Additional Rent.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

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