Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 shall be issued by insurance companies authorized and/or licensed to do business in the Facility State with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII", with reasonable deductibles per occurrence. All such policies shall be for periods of not less than one year. At least fifteen (15) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to obtain blanket insurance for each of the foregoing required types of insurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 and, prior to the expiration of any such policy, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Date.
Appears in 3 contracts
Samples: Property Lease Agreement (Provident Senior Living Trust), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies reasonably approved by Landlord authorized and/or and licensed to do business in the Facility State with in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency approved by Landlord and (ii) a general policy rating of not less than "A-" A or better and a Best's Financial Category financial class of not less than "VIII"X or better by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter exist, as well as any mortgagee or collateral assignee of Landlord, and shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in this Article shall contain above shall contain clauses or endorsements to obtain blanket insurance the effect that (i) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, shall in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, and (ii) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least thirty (30) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on AXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Dateannual period.
Appears in 3 contracts
Samples: Real Estate Purchase and Sale Contract (Air Industries Group), Lease Agreement (Air Industries Group), Real Estate Purchase and Sale Contract (Air Industries Group)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be --------------------- carried by Tenant as provided in this Paragraph 18 17 shall be issued by insurance companies approved by Landlord and authorized and/or and licensed to do business in the Facility State in which the Premises are located with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII"" or as otherwise required by Landlord, with reasonable deductibles per occurrenceoccurrence as Landlord and any mortgagee of the Premises may reasonably approve. Landlord shall have the right from time to time to require Tenant to increase the amount and/or type of coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to obtain blanket insurance for each of the foregoing required types of insurance, so long as it obtains the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, and the consent of any mortgagee of the Premises. Any insurance policies required herein may contain a commercially reasonable deductible for a company of Tenant's size and financial condition, provided, that such deductible is reasonably acceptable to Landlord (it being understood that Landlord's disapproval or non-acceptance of a deductible amount shall not be deemed unreasonable if the lender under a mortgage does not consent to such deductible amount). Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least twenty (20) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 2 contracts
Samples: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a)) required to be carried by Tenant as provided in this Paragraph 18 shall be issued by insurance companies authorized and/or licensed to do business in the Facility State with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII", ," with reasonable deductibles per occurrence. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to thereof or later as approved in writing by Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to obtain blanket insurance for each of the foregoing required types of insurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 and, prior to the expiration of any such policy, or as soon as reasonably practicable thereafter, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related the Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Date.
Appears in 2 contracts
Samples: Property Lease Agreement (Provident Senior Living Trust), Property Lease Agreement (Brookdale Senior Living Inc.)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies approved by Landlord authorized and/or and licensed to do business in the Facility State with in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (a) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency approved by Landlord and (b) a general policy rating of not less than "A-" A- or better and a Best's Financial Category financial class of not less than "VIII"VIII or better by A.M. Best & Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall name as additional insureds, Landlord, CNL Hospitality Properties, Inc., CNL Real Estate Advisors, Inc. and any wholly or principally owned subsidiaries of either of them that may now or hereafter exist, as well as any Mortgagee or collateral assignee of Landlord, and shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunderthereunder or any other material change, provided, however, for any cancellation due to non-payment, ten (10) days notice shall be required. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in Section 8.1 above shall contain clauses or endorsements to obtain blanket insurance the effect that (a) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, shall in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, (b) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder and (c) the coverages provided thereby will be primary and any insurance carried by any additional insured shall be excess and non-contributory. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least thirty (30) days prior to the expiration of date any such policypolicy of insurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof (on ACCORD 27 forms or equivalent) evidencing the coverage required herein and setting forth deductibles and the amount thereof, if any, along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may quarter-annual period. Renewal certificates shall be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant delivered to the terms Landlord not later than the effective date of any Facility Mortgage, Landlord is such insurance. A true and certified copy of each required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant policy shall fund all such payments be delivered to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and not later than sixty (60) days after the Expiration Dateeffective date of such insurance.
Appears in 2 contracts
Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)
Carriers and Features. Tenant has provided to Landlord copies of insurance certificates evidencing all insurance required by this section simultaneously with execution of this Lease, and Landlord has approved the same. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies approved by Landlord authorized and/or licensed to do business in the Facility State in which the Premises is located. The insurance companies must have: (i) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord and (ii) a general policy rating of A minus or better and a financial class of VII or better by A.M. Best Company, Inc. (with a Best's Insurance Rating the exception of not less than "A-" or a Best's Financial Category of not less than "VIII", with reasonable deductibles per occurrence. the environmental insurance policy described above) All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter exist, as well as any mortgagee or collateral assignee of Landlord, and shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect Landlord shall not be liable for any insurance premiums thereon or subject to obtain blanket insurance for each of the foregoing required types of insuranceany assessments thereunder. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article VIII and, prior at least fifteen (15) days after to the expiration of date any such insurance must be in effect, and at least five (5) days before the expiration date of the prior policy, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by fiscally responsible insurance companies (having a Best Rating of not less than A+VIII) authorized and/or and licensed to do business in the Facility State with a Best's Insurance Rating of not less than "A-" Florida and each policy shall provide that it is primary, noncontributory insurance as respects any other valid and collectible insurance which Tenant or a Best's Financial Category of not less than "VIII", with reasonable deductibles per occurrenceLandlord may possess and that any other insurance which either does possess shall be considered excess insurance only. All such policies shall be for periods of not less than one year. At (1) year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require include the insurer's unconditional agreement to provide not less than thirty (30) days days' written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant Any insurance coverage required by this Article may elect to obtain be effected by means of a policy or policies of blanket insurance for each covering the Premises and other premises; provided, however, that any such blanket policy shall specify therein, or Tenant shall furnish Landlord with a written statement from the insurer or its agent specifying, the amount of the foregoing total insurance allocated to the Premises and confirmation that losses occasioned by Tenant at other facilities will not diminish the amount of insurance coverage available for the Premises below the amount required types of insuranceherein. In the event Tenant shall pay the premiums for all fail to procure insurance policies which Tenant is obligated to carry required under this Paragraph 18 and, prior Article and/or shall fail to maintain the expiration same in full force and effect continuously during the Term of any such policy, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgagethis Lease, Landlord is required shall be entitled, but shall not be obligated, to establish and fund payments for insurance premiums to any escrow reserve account established under procure the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord same and Tenant shall apportion and prorate funds on deposit in any immediately reimburse Landlord for such reserve accountpremium expense, with interest, as Additional Rent. Additionally, Landlord shall have the right, at Landlord's option, to treat such failure by Tenant being responsible for all to procure required insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Dateas an Event of Default hereunder.
Appears in 1 contract
Carriers and Features. (a) All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article VII shall be issued by insurance companies authorized and/or and licensed to do business in the Facility State with a Best's Insurance Rating in which the Premises are located. The insurance companies must have: (i) claims paying ability rating by Standard & Poor’s of not less than "A-" , and (ii) a general policy rating of A- or better and a Best's Financial Category financial class of not less than "VIII"VIII or better assigned by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At least fifteen , and Tenant shall provide to Landlord, not less than three (153) business days prior to the expiration of any such policyexisting policies, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will or replacement policies shall be in place prior to upon the expiration thereofof such existing policies without any interruption in coverage. All such policies shall name Landlord, as well as any Lender or collateral assignee of Landlord, as additional insureds or loss payees, as appropriate, and shall require not less than thirty ten (3010) days days’ written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in Section 7.1 hereof shall contain clauses or endorsements to obtain blanket insurance the effect that (i) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, shall in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, and (ii) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Each policy shall also provide evidence of such insurance to Landlord and any mortgagee of Landlord on an XXXXX 27 form or equivalent; provided, however, that in the event that such form is no longer available, such evidence of insurance is in a form reasonably satisfactory to Landlord and Lender.
(b) Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article VII and, at least ten (10) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies authorized and/or and licensed to do business in the Facility State with States in which the Demised Premises are located. The insurance companies must have: (i) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency and (ii) a general policy rating of not less than "A-" A or better and a Best's Financial Category financial class of not less than "VIII"X or better assigned by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At (1) year and Tenant shall renew the same at least fifteen ten (1510) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require be endorsed to provide not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding On all policies required to be carried on the Demised Premises and any other policies carried on the Demised Premises by Xxxxxx, if any, Tenant shall name as additional insureds (by way of a CG 20 26 endorsement or similar endorsement) and lender’s loss payees on all insurance, Landlord, Xxxxxxxx’s successor(s), assignee(s), and agents with an insurable interest as follows: “NNN REIT, INC., ITS MEMBER(S), ITS OFFICERS, DIRECTORS, AND ALL SUCCESSOR(S), ASSIGNEE(S), SUBSIDIARIES, CORPORATIONS, PARTNERSHIPS, PROPRIETORSHIPS, JOINT VENTURES, FIRMS, AND INDIVIDUALS AS HERETOFORE, NOW, OR HEREAFTER CONSTITUTED ON WHICH THE NAMED INSURED HAS THE RESPONSIBILITY FOR PLACING INSURANCE AND FOR WHICH SIMILAR COVERAGE IS NOT OTHERWISE MORE SPECIFICALLY PROVIDED.” If requested by Xxxxxxxx, the policies of insurance required to be maintained hereunder shall bear a standard first mortgage endorsement in favor of any holder or holders of a first mortgage lien or security interest in any part of the Demised Premises with loss payable to such holder or holders as their interests may appear. In addition to the foregoing, Tenant may elect all policies of insurance required in Section 7.1 above shall contain clauses or endorsements to obtain blanket insurance the effect that (I) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as Landlord is concerned, and (II) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Neither the issuance of any insurance policy required types hereunder, nor the minimum limits specified herein with respect to any insurance coverage, shall be deemed to limit or restrict in any way the liability of insuranceTenant arising under or out of this Lease. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article VII and, at least ten (10) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, to Landlord’s designated vendor a certificate or certificates thereofthereof (on XXXXX 25 form for liability and on XXXXX 28 form for property), along with evidence evidencing that the all such premiums therefor have been paid for throughand all required policies are in place. Tenant shall also deliver within fifteen (15) days of request from Landlord, at leastnot to be made more than once in any calendar year, a copy of all insurance policies carried by Tenant related to the next ensuing monthly period or longer as may be Demised Premises and the business operated on the Demised Premises, including but not limited to all of the policies required by the premium installment plan offered by the insurer(s) or premium finance company(ies). Ifthis Article, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms inclusive of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord declaration pages and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Dateendorsements.
Appears in 1 contract
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 PARAGRAPH 17 shall be issued by insurance companies approved by Landlord and authorized and/or and licensed to do business in the Facility State in which the Premises is located with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII"" or as otherwise required by Landlord, with reasonable deductibles per occurrencedeductibles, taking into account Tenant's and Guarantor's financial condition and the risk being insured. Landlord shall have the right from time to time to require Tenant to increase the amount and/or type of coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to self-insure or obtain blanket insurance for each of the foregoing required types of insurance, so long as it obtains the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least twenty (20) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Sonic Automotive Inc)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 17 shall be issued by insurance companies approved by Landlord and authorized and/or and licensed to do business in the Facility State in which the Premises is located with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII"" or as otherwise required by Landlord, with reasonable deductibles per occurrencedeductibles, taking into account Tenant's and Guarantor's financial condition and the risk being insured. Landlord shall have the right from time to time to require Tenant to increase the amount and/or type of coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to self-insure or obtain blanket insurance for each of the foregoing required types of insurance, so long as it obtains the prior written consent of the Landlord, which consent shall not be unreasonably withheld or delayed. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least twenty (20) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this the Paragraph 18 17 shall be issued by insurance companies approved by Landlord and authorized and/or and licensed to do business in the Facility State in which the Premises are located with a Best's ’s Insurance Rating of not less than "“A-" ” or a Best's ’s Financial Category of not less than "“VIII"” or as otherwise required by Landlord, with reasonable deductibles per occurrenceoccurrence as Landlord and any mortgagee of the Premises may reasonably approve. Landlord shall have the right from time to time to require Tenant to increase the amount and/or type of coverage to be maintained under this Lease. All such policies shall be for the periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to obtain blanket insurance for each of the foregoing required types of insurance, so long as it obtains the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, and the consent of any mortgagee of the Premises. Any insurance policies required herein may contain a commercially reasonable deductible for a company of tenant size and financial condition, provided, that such deductible is reasonably acceptable to Landlord (it being understood that Landlord’s disapproval or non-acceptance of a deductible amount shall not be deemed unreasonable if the lender under a mortgage does not consent to such deductible amount). Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article and, at least twenty (20) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 shall Article must be issued by insurance companies approved by Landlord authorized and/or and licensed to do business in the Facility State with in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency approved by Landlord and (ii) a general policy rating of not less than "A-" A or better and a Best's Financial Category financial class of not less than "VIII"X or better by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall must be for periods of not less than one year. At year and Xxxxxx must renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall must name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter exist, as well as any mortgagee or collateral assignee of Landlord, and will require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in Section 8.1 must contain clauses or endorsements to obtain blanket insurance the effect that (iii) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, will in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, and (iv) Landlord will not be liable for any insurance premiums thereon or subject to any assessments thereunder. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 ARTICLE VIII and, at least thirty (30) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Samples: Lease Agreement
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies approved by Landlord authorized and/or and licensed to do business in the Facility State with in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency approved by Landlord and (ii) a general policy rating of not less than "A-" A or better and a Best's Financial Category financial class of not less than "VIII"X or better by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter exist, as well as any mortgagee or collateral assignee of Landlord, and shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in Section 8.1 shall contain above shall contain clauses or endorsements to obtain blanket insurance the effect that (iii) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, shall in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, and (iv) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article VIII and, at least thirty (30) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Samples: Sale Leaseback Commitment Agreement
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 Article shall be issued by insurance companies approved by Landlord authorized and/or and licensed to do business in the Facility State with in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a Best's Insurance Rating credit rating agency approved by Landlord and (ii) a general policy rating of not less than "A-" A or better and a Best's Financial Category financial class of not less than "VIII"X or better by A.M. Best Company, with reasonable deductibles per occurrence. Inc. All such policies shall be for periods of not less than one year. At year and Tenant shall renew the same at least fifteen thirty (1530) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter exist, as well as any mortgagee or collateral assignee of Landlord, and shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding In addition to the foregoing, Tenant may elect all policies of insurance required in Section 8.1 shall contain above shall contain clauses or endorsements to obtain blanket insurance the effect that (iii) no act or negligence of Tenant, or anyone acting for each Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the foregoing required types insurance or any part thereof, shall in any way affect the validity or enforceability of insurancethe insurance insofar as Landlord is concerned, and (iv) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 Article VIII and, at least thirty (30) days prior to the expiration of date any such policyinsurance must be in effect, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereofthereof (on AXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for through, at least, least the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Datequarter-annual period.
Appears in 1 contract
Samples: Sale Leaseback Commitment Agreement (United Rentals Inc /De)
Carriers and Features. All insurance policies (except those required under clause (a)(ii) and clause (a)(xi) of Paragraph 18(a) required to be carried by Tenant as provided in this Paragraph 18 shall be issued by insurance companies authorized and/or licensed to do business in the Facility State with a Best's Insurance Rating of not less than "A-" or a Best's Financial Category of not less than "VIII", with reasonable deductibles per occurrence. All such policies shall be for periods of not less than one year. At least fifteen (15) days prior to the expiration of any such policy, Tenant shall provide evidence, reasonably satisfactory to Landlord, of Tenant's policy renewal options and evidence that such policy renewal will be in place prior to the expiration thereof. All such policies shall require not less than thirty (30) days written notice to Landlord prior to any cancellation thereof or any change reducing coverage thereunder. Notwithstanding the foregoing, Tenant may elect to obtain blanket insurance for each of the foregoing required types of insurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Paragraph 18 and, prior to the expiration of any such policy, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or any related Facility Mortgagee requests, a certificate or certificates thereof, along with evidence that the premiums therefor have been paid for through, at least, the next ensuing monthly period or longer as may be required by the premium installment plan offered by the insurer(s) or premium finance company(ies). If, pursuant to the terms of any Facility Mortgage, Landlord is required to establish and fund payments for insurance premiums to any escrow reserve account established under the loan documents relating to such Facility Mortgage, then Tenant shall fund all such payments to for the reserve account, and such payments shall constitute Additional Rent hereunder. Any such funds, paid to an escrow reserve account in connection with insurance premiums shall, subject to the terms of the applicable Facility Mortgage, be used to pay for insurance policies required under the Facility Mortgage. Upon the expiration of the Term, Landlord and Tenant shall apportion and prorate funds on deposit in any such reserve account, with Tenant being responsible for all insurance premiums relating to the period prior to the Expiration Date and Landlord being responsible for all insurance premiums relating to the period on and after the Expiration Date.
Appears in 1 contract
Samples: Property Lease Agreement (Brookdale Senior Living Inc.)