Common use of Additional Insureds and Coverage Clause in Contracts

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 2 contracts

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

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Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the BuildingBuildings, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the BuildingBuildings, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above, as each of such parties' interests may appear. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein, except to the extent of Landlord's or its 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. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any an; lender(s) of Landlord having a lien against the Premises, the die Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii12. 1 (iii) above. Additionally, such policies -policies shall provide for severability scverability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the partiespanics' intention that the die insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 bome by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant as required herein.

Appears in 2 contracts

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

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii12.1 (iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' workers compensation and employer's liability insuranceliability, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park Premises shall be named as additional insureds under all of the policies required in Section 12.1(iiiSECTION 12.1 above (except items (i) aboveand (ii). Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the ParkPremises. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's ’s liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's ’s liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's ’s operations of its business and/or Tenant's ’s or Tenant's ’s Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's ’s insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be borne by Tenant's ’s insurance carriers pursuant to the insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot Building or the ParkLand, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot Building or the Park Land and any ground lessor of Landlord, and such other persons as Landlord shall from time to time designate upon notice to Tenant, shall be named as additional insureds under all of the policies required in Section 12.1(iii) above12.1 above (the “Additional Insureds”). Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's ’s liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's ’s liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's ’s operations of its business and/or Tenant's ’s or Tenant's ’s Representatives' use of the Premises and/or any of the areas within the ParkBuilding and Land, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the ParkBuilding or the Land. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's ’s insurance carriers, rather it is contemplated and anticipated by Landlord and Tenant that such risks of loss be borne by Tenant's ’s insurance carriers pursuant to the insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Unique Fabricating, Inc.)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit EXHIBIT A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iiil2.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park Park, and any joint venture partners of Landlord shall be specifically named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. Any umbrella/umbrella liability policy or 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein. In the event Landlord makes a claim against Tenant's insurance as an additional insured, Tenant shall reimburse Landlord for the amount of any deductible portion not paid to Landlord by the insurer.

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Additional Insureds and Coverage. Each of Landlord, any Landlord's property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Parkagent, and any Landlord's lender(s) of Landlord having a lien against the Premises, Premises or any other portion of the Building, the Lot or the Park Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iii12.1(ii) above. Additionallyand, such policies shall provide for severability of interestwith respect to the Tenant Improvements and any Alterations, in Section 12.1(iv) hereof. All insurance to be maintained by 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 Landlord, 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or and any of the areas within the ParkRidder Park Technology Center. Notwithstanding anything to the contrary contained herein, whether such events occur to the extent Landlord's cost of maintaining insurance with respect to the 1001 Ridder Building and the 1717 Fox Building and/or any other buildings within the Premises (Ridder Park Technology Center is increased as described in Exhibit A hereto) a result of Tenant's acts, omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Tenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant increase as required hereinAdditional Rent.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A A-1 hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the BuildingBuildings, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the BuildingBuildings, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

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Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, any and at Sublandlord’s request from time to time, Sublandlord’s property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, (if any) and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park Lenders shall be named included as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iiiParagraph 9.2(ii)-(v) aboveand with respect to the Subtenant Alterations. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Tenant Subtenant shall, except for workers' compensation and employer's ’s liability insurance, be primary, without right of contribution from insurance maintained by LandlordSublandlord 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 Tenant Subtenant shall not limit Tenant's Subtenant’s liability under this LeaseSublease. It is the parties' intention that the insurance to be procured and maintained by Tenant Subtenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's Subtenant’s operations of its business and/or Tenant's Subtenant’s or Tenant's Representatives' Subtenant’s employees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns’ use of the Premises and/or and any of the areas within the ParkProject. Notwithstanding anything to the contrary contained herein, whether such events occur to the extent Sublandlord’s cost of maintaining insurance with respect to any Buildings within the Premises (Project is increased as described in Exhibit A hereto) a result of Subtenant’s acts, omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Subtenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant increase as Rent to the insurance policies procured and maintained by Tenant as required hereinextent such an increase is demonstrated to arise from Subtenant’s activity.

Appears in 1 contract

Samples: Ariba Inc

Additional Insureds and Coverage. Each of Landlord, any Landlord’s property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Parkagent, and any Landlord’s lender(s) (of Landlord which Tenant has received written notice) having a lien against the Premises, Premises or any other portion of the Building, the Lot or the Park Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iii12.1(ii) aboveand, with respect to the Tenant Improvements, in Section 12.1(b) hereof. Additionally, such policies the commercial general liability policy shall provide for severability of interest. All insurance to be maintained by 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 Landlord. 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 Tenant shall not limit Tenant's ’s liability under Section 13 of this Lease. 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 Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's ’s use of, or operations in, the Project. Notwithstanding anything to the contrary contained herein, to the extent Landlord’s cost of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or maintaining insurance with respect to any of the areas within the ParkBuildings is increased solely as a result of Tenant’s acts, whether such events occur within the Premises (as described in Exhibit A hereto) omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Tenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant increase as required hereinAdditional Rent.

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park Park, and any joint venture partners of Landlord shall be named as additional insureds under all of the policies required in Section 12.1(iii) above; provided, however, Tenant shall not be obligated to name as additional insureds any person other than Landlord unless and until Landlord shall have given Tenant written notice of the name and address of such additional parties. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. Any umbrella/umbrella liability policy or 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) --------- or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Additional Insureds and Coverage. Landlord, any property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park shall be named as additional insureds under all of the policies required in Section 12.1(iii) above. Additionally, such policies shall provide for severability of interest. All insurance to be maintained by Tenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' use of the Premises and/or any of the areas within the Park, whether such events occur within the Premises (as described in Exhibit A hereto) or in any other areas of the Park. 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 insurance policies procured and maintained by Tenant as required herein.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Additional Insureds and Coverage. Each of Sublandlord and Master Landlord, any and at Sublandlord's request from time to time, Sublandlord's property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Park, (if any) and any lender(s) of Landlord having a lien against the Premises, the Building, the Lot or the Park Lenders shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iiiParagraph 9.2(ii)-(v) aboveand with respect to the Subtenant Alterations. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Tenant Subtenant shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by LandlordSublandlord. 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 Tenant Subtenant shall not limit TenantSubtenant's liability under this LeaseSublease. It is the parties' intention that the insurance to be procured and maintained by Tenant Subtenant as required herein shall provide coverage for any and all damage or injury arising from or related to TenantSubtenant's operations of its business and/or TenantSubtenant's or TenantSubtenant's Representativesemployees, directors, officers, agents, partners, members, lenders, suppliers, shippers, contractors, customers, invitees, successors and assigns' use of the Premises and/or and any of the areas within the ParkProject. Notwithstanding anything to the contrary contained herein, whether such events occur to the extent Sublandlord's cost of maintaining insurance with respect to any Buildings within the Premises (Project is increased as described in Exhibit A hereto) a result of Subtenant's acts, omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Subtenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant increase as required hereinRent.

Appears in 1 contract

Samples: Work Letter Agreement (Netscreen Technologies Inc)

Additional Insureds and Coverage. Each of Landlord, any Landlord’s property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Parkagent, and any Landlord’s lender(s) of Landlord having a lien against the Premises, Premises or any other portion of the Building, the Lot or the Park Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iii12.1(ii) above. Additionallyand, such policies shall provide for severability of interestwith respect to the Tenant Improvements, in Section 12.1(iv) hereof. All insurance to be maintained by 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 Landlord, 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 Tenant shall not limit Tenant's ’s liability under this Lease. It is the parties' intention that the insurance to be procured and maintained by Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's ’s operations of its business and/or Tenant's ’s or Tenant's ’s Representatives' use of the Premises and/or and any of the areas within the ParkProject. Notwithstanding anything to the contrary contained herein, whether such events occur to the extent Landlord’s cost of maintaining insurance with respect to the Building and/or any other buildings within the Premises (Project is increased as described in Exhibit A hereto) a result of Tenant’s acts, omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Tenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant increase as required hereinAdditional Rent.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Additional Insureds and Coverage. Each of Landlord, any Landlord's property management company and/or agent of Landlord for the Premises, the Building, the Lot or the Parkagent, and any Landlord's lender(s) (of Landlord which Tenant has received written notice) having a lien against the Premises, Premises or any other portion of the Building, the Lot or the Park Project shall be named as additional insureds or loss payees (as applicable) under all of the policies required in Section 12.1(iii12.1(ii) aboveand, with respect to the Tenant Improvements, in Section 12.1(iv) hereof. Additionally, all of such policies shall provide for severability of interest. All insurance to be maintained by Tenant hereunder shall, except for workers' compensation and employer's liability insurance, be primary, without right of contribution from insurance maintained by Landlord. 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 Tenant shall not limit Tenant's liability under Section 13 of this Lease. 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 Tenant as required herein shall provide coverage for any and all damage or injury arising from or related to Tenant's operations of its business and/or Tenant's or Tenant's Representatives' Representatives use of the Premises and/or and any of the areas within the ParkProject. Notwithstanding anything to the contrary contained herein, whether such events occur to the extent Landlord's cost of maintaining insurance with respect to the Building and/or any other buildings within the Premises (Project is increased as described in Exhibit A hereto) a result of Tenant's acts, omissions, Alterations, improvements, use or in any other areas occupancy of the Park. It is not contemplated or anticipated by the parties that the aforementioned risks of loss be borne by Landlord's insurance carriersPremises, rather it is contemplated Tenant shall pay one hundred percent (100%) of, and anticipated by Landlord and Tenant that for, each such risks of loss be borne by Tenant's insurance carriers pursuant to the insurance policies procured and maintained by Tenant increase as required hereinAdditional Rent.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

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