Common use of Carriers and Features Clause in Contracts

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State 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 credit rating agency approved by Landlord and (ii) a general policy rating of A or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to the foregoing, all policies of insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the 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. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty (30) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for at least the next ensuing annual 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)

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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 Article Paragraph 18 shall be issued by insurance companies reasonably approved by Landlord authorized and and/or licensed to do business in the Facility State in which the Premises is locatedwith 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. The insurance companies must have (as determined by Landlord at its discretion): (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 or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and year. At least fifteen (15) days prior to the expiration of any such policy, Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereof, shall in any way affect the validity or enforceability foregoing required types 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 thereunderinsurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article Paragraph 18 and, at least thirty (30) days prior to the date expiration of any such insurance must be in effectpolicy, 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 AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for through, at least least, the next ensuing annual periodmonthly 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 (Brookdale Senior Living Inc.), Property Lease Agreement (Brookdale Senior Living Inc.), Property Lease Agreement (Provident Senior Living Trust)

Carriers and Features. All insurance policies required to be --------------------- carried by Tenant as provided in this Article Paragraph 17 shall be issued by insurance companies reasonably approved by Landlord and authorized and licensed to do business in the State in which the Premises is located. The insurance companies must have (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 determined otherwise required by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord, with reasonable deductibles per occurrence as Landlord and (ii) a general policy rating any mortgagee of A or better and a financial class 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 X or better by A.M. Best Company, Inc. coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereofforegoing required types of insurance, shall in any way affect so long as it obtains the validity or enforceability prior written consent of the insurance insofar as Landlord is concernedLandlord, and (ii) Landlord which consent shall not be liable 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 any insurance premiums thereon 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 subject non-acceptance of a deductible amount shall not be deemed unreasonable if the lender under a mortgage does not consent to any assessments thereundersuch deductible amount). Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty twenty (3020) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-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 Article Paragraph 18 shall be issued by insurance companies reasonably approved by Landlord authorized and and/or licensed to do business in the Facility State in which the Premises is locatedwith 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. The insurance companies must have (as determined by Landlord at its discretion): (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 or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days prior to the expiration thereofthereof or later as approved in writing by Landlord. 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereof, shall in any way affect the validity or enforceability foregoing required types 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 thereunderinsurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article Paragraph 18 and, at least thirty (30) days prior to the date expiration of any such insurance must be in effectpolicy, or as soon as reasonably practicable thereafter, deliver to Landlord a copy of the renewal policy or policies, or, if Landlord or the Facility Mortgagee requests, a certificate or certificates thereof (on AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for through, at least least, the next ensuing annual periodmonthly 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 required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): (ia) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord and (iib) a general policy rating of A A- or better and a financial class of X VIII or better by A.M. Best & Company, Inc. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days prior to the expiration thereof. All such policies shall name Landlord as additional insured insureds, Landlord, CNL Hospitality Properties, Inc., CNL Real Estate Advisors, Inc. and any wholly or principally owned subsidiaries of Landlord either of them that may now or hereafter exist, as well as any mortgagee 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. In addition to the foregoing, all policies of insurance required in this Article shall contain Section 8.1 above shall contain clauses or endorsements to the effect that (ia) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as Landlord is concerned, and (iib) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunderthereunder 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 Article and, at least thirty (30) days prior to the date any such policy of insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 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 at least the next ensuing quarter-annual period. Renewal certificates shall be delivered to the Landlord not later than the effective date of such insurance. A true and certified copy of each required policy shall be delivered to the Landlord not later than sixty (60) days after the effective date of such insurance.

Appears in 2 contracts

Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties 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 Article Paragraph 18 shall be issued by insurance companies reasonably approved by Landlord authorized and and/or licensed to do business in the Facility State in which the Premises is locatedwith 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. The insurance companies must have (as determined by Landlord at its discretion): (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 or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and year. At least fifteen (15) days prior to the expiration of any such policy, Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereof, shall in any way affect the validity or enforceability foregoing required types 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 thereunderinsurance. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article Paragraph 18 and, at least thirty (30) days prior to the date expiration of any such insurance must be in effectpolicy, 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 AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for through, at least least, the next ensuing annual periodmonthly 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 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.)

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State 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 credit rating agency approved by Landlord and (ii) a general policy rating of A or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to the foregoing, all policies of insurance required in this Article Section 8.1 shall contain above shall contain clauses or endorsements to the effect that (iiii) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as Landlord is concerned, and (iiiv) 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 Article VIII and, at least thirty (30) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Contract

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State 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 credit rating agency approved by Landlord and (ii) a general policy rating of A or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to the foregoing, all policies of insurance required in this Article Section 8.1 shall contain above shall contain clauses or endorsements to the effect that (iiii) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as Landlord is concerned, and (iiiv) 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 Article VIII and, at least thirty (30) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Lease Agreement (United Rentals Inc /De)

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article Paragraph 17 shall be issued by insurance companies reasonably approved by Landlord and authorized and licensed to do business in the State in which the Premises is locatedlocated 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, taking into account Tenant's and Guarantor's financial condition and the risk being insured. The insurance companies must Landlord shall have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord and (ii) a general policy rating the right from time to time to require Tenant to increase the amount and/or type of A or better and a financial class of X or better by A.M. Best Company, Inc. coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to self-insure or obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereofforegoing required types of insurance, shall in any way affect so long as it obtains the validity or enforceability prior written consent of the insurance insofar as Landlord is concernedLandlord, and (ii) Landlord which consent shall not be liable for any insurance premiums thereon unreasonably withheld or subject to any assessments thereunderdelayed. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty twenty (3020) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Lease Agreement (Mar Mar Realty Trust)

Carriers and Features. (a) All insurance policies required to be carried by Tenant as provided in this Article VII shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State in which the Premises is are located. The insurance companies must have (as determined by Landlord at its discretion): have: (i) an investment grade rating for claims paying ability assigned rating by a credit rating agency approved by Landlord Standard & Poor’s of not less than A-, and (ii) a general policy rating of A A- or better and a financial class of X VIII or better assigned by A.M. Best Company, Inc. All such policies shall be for periods of not less than one year year, and Tenant shall renew the same at least thirty provide to Landlord, not less than three (303) business days prior to the expiration thereofof existing policies, evidence that renewal or replacement policies shall be in place upon the expiration of such existing policies without any interruption in coverage. All such policies shall name Landlord as additional insured and any wholly or principally owned subsidiaries of Landlord that may now or hereafter existLandlord, as well as any mortgagee 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. In addition to the foregoing, all policies of insurance required in this Article shall contain above Section 7.1 hereof shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the 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. Tenant Each policy shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty (30) days prior to the date any also provide evidence of such insurance must be in effect, deliver to Landlord a copy and any mortgagee of the policy or policies, or a certificate or certificates thereof (Landlord on AXXXX an XXXXX 27 forms form or equivalent); provided, along with however, that in the event that such form is no longer available, such evidence that the premiums therefor have been paid for at least the next ensuing annual periodof insurance is in a form reasonably satisfactory to Landlord and Lender.

Appears in 1 contract

Samples: Lease Agreement (CBRL Group Inc)

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Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article the Paragraph 17 shall be issued by insurance companies reasonably approved by Landlord and authorized and licensed to do business in the State in which the Premises is located. The insurance companies must have (are located with a Best’s Insurance Rating not less than “A-” or a Best’s Financial Category of not less than “VIII” or as determined otherwise required by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord, with reasonable deductibles per occurrence as Landlord and (ii) a general policy rating any mortgagee of A or better and a financial class 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 X or better by A.M. Best Company, Inc. coverage to be maintained under this Lease. All such policies shall be for the periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereofforegoing required types of insurance, shall in any way affect so long as it obtains the validity or enforceability prior written consent of the insurance insofar as Landlord is concernedLandlord, and (ii) Landlord which consent shall not be liable 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 any insurance premiums thereon 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 subject non-acceptance of a deductible amount shall not be deemed unreasonable if the lender under a mortgage does not consent to any assessments thereundersuch deductible amount). Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty twenty (3020) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Lease Agreement (Sonic Automotive Inc)

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article PARAGRAPH 17 shall be issued by insurance companies reasonably approved by Landlord and authorized and licensed to do business in the State in which the Premises is locatedlocated 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, taking into account Tenant's and Guarantor's financial condition and the risk being insured. The insurance companies must Landlord shall have (as determined by Landlord at its discretion): (i) an investment grade rating for claims paying ability assigned by a credit rating agency approved by Landlord and (ii) a general policy rating the right from time to time to require Tenant to increase the amount and/or type of A or better and a financial class of X or better by A.M. Best Company, Inc. coverage to be maintained under this Lease. All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to Notwithstanding the foregoing, all policies of Tenant may elect to self-insure or obtain blanket insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture each of the insurance or any part thereofforegoing required types of insurance, shall in any way affect so long as it obtains the validity or enforceability prior written consent of the insurance insofar as Landlord is concernedLandlord, and (ii) Landlord which consent shall not be liable for any insurance premiums thereon unreasonably withheld or subject to any assessments thereunderdelayed. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article and, at least thirty twenty (3020) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent)thereof, along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Lease Agreement (Sonic Automotive Inc)

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State States in which the Demised Premises is are located. The insurance companies must have (as determined by Landlord at its discretion): 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 or better and a financial class of X or better assigned by A.M. Best Company, Inc. All such policies shall be for periods of not less than one (1) year and Tenant shall renew the same at least thirty ten (3010) days 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 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. 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, all policies of insurance required in this Article shall contain Section 7.1 above shall contain clauses or endorsements to the effect that (iI) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the insurance or any part thereof, shall in any way affect the validity or enforceability of the insurance insofar as Landlord is concerned, and (iiII) Landlord shall not be liable for any insurance premiums thereon or subject to any assessments thereunder. Neither the issuance of any insurance policy required 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 Tenant arising under or out of this Lease. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article VII and, at least thirty ten (3010) days prior to the date any such insurance must be in effect, deliver to Landlord a copy of the policy or policies, or to Landlord’s designated vendor a certificate or certificates thereof (on AXXXX 27 forms or equivalentXXXXX 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 at least and all required policies are in place. Tenant shall also deliver within fifteen (15) days of request from Landlord, not to be made more than once in any calendar year, a copy of all insurance policies carried by Tenant related to the next ensuing annual periodDemised Premises and the business operated on the Demised Premises, including but not limited to all of the policies required by this Article, inclusive of the declaration pages and all endorsements.

Appears in 1 contract

Samples: Unitary Master Lease Agreement (RumbleOn, Inc.)

Carriers and Features. All insurance policies required to be carried by Tenant as provided in this Article shall be issued by fiscally responsible insurance companies reasonably approved by Landlord (having a Best Rating of not less than A+VIII) authorized and licensed to do business in the State in of Florida and each policy shall provide that it is primary, noncontributory insurance as respects any other valid and collectible insurance which the Premises is locatedTenant or Landlord may possess and that any other insurance which either does possess shall be considered excess insurance only. The insurance companies must have (as determined by Landlord at its discretion): (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 or better and a financial class of X or better by A.M. Best Company, Inc. All such policies shall be for periods of not less than one (1) year and Tenant shall renew the same at least thirty (30) days 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 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. In addition Any insurance coverage required by this Article may be effected by means of a policy or policies of blanket insurance 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 total insurance allocated to the foregoing, all policies 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 in herein. In the event Tenant shall fail to procure insurance required under this Article and/or shall contain above fail to maintain the same in full force and effect continuously during the Term of this Lease, Landlord shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenantbe entitled, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the 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 but shall not be liable for any insurance premiums thereon or subject obligated, to any assessments thereunder. procure the same and Tenant shall pay immediately reimburse Landlord for such premium expense, with interest, as Additional Rent. Additionally, Landlord shall have the premiums for all insurance policies which Tenant is obligated to carry under this Article andright, at least thirty (30) days prior Landlord's option, to the date any treat such failure by Tenant to procure required insurance must be in effect, deliver to Landlord a copy as an Event of the policy or policies, or a certificate or certificates thereof (on AXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for at least the next ensuing annual periodDefault hereunder.

Appears in 1 contract

Samples: Office Lease (Elec Communications Corp)

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 required to be carried by Tenant as provided in this Article shall be issued by insurance companies reasonably approved by Landlord authorized and licensed to do business in the State in which the Premises is located. The insurance companies must have (as determined by Landlord at its discretion): 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 X VII or better by A.M. Best Company, Inc. (with the exception of the environmental insurance policy described above) All such policies shall be for periods of not less than one year and Tenant shall renew the same at least thirty (30) days 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. In addition to the foregoing, all policies of insurance required in this Article shall contain above shall contain clauses or endorsements to the effect that (i) no act or negligence of Tenant, or anyone acting for Tenant, or failure to comply with the provisions of any policy which might otherwise result in a forfeiture of the 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. Tenant shall pay the premiums for all insurance policies which Tenant is obligated to carry under this Article VIII and, at least thirty fifteen (3015) days prior after to the 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 policy or policies, or a certificate or certificates thereof (on AXXXX XXXXX 27 forms or equivalent), along with evidence that the premiums therefor have been paid for at least the next ensuing quarter-annual period.

Appears in 1 contract

Samples: Lease Agreement (Susser Holdings CORP)

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