Delivery of Policies. The aforesaid insurance shall be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, and shall provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article 9 shall in no way limit Tenant's liability under any of the other provisions of this Lease.
Appears in 5 contracts
Samples: Lease, Lease Agreement (Startech Environmental Corp), Lease Agreement (Greenfield Online Inc)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) reasonably satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive be given ten (10) days’ written notice prior to any cancellation of coverage for non-payment of premium and thirty (30) days' ’ written notice from the insurer prior to any other cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurancecoverage (or, if such notice is not available from the insurer, Tenant covenants that it shall provide Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Buildingsuch notice). Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before prior to the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant upon ten (10) days’ prior written notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 3 contracts
Samples: Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.)
Delivery of Policies. The aforesaid insurance shall be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, and shall provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and, in the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article 9 8 shall in no way limit Tenant's liability under any of the other provisions of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Greenfield Online Inc), Lease Agreement (Greenfield Online Inc)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord; and (d) provide that Tenant shall, and shall cause insurance companies to endeavor to, provide that to Landlord shall receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, does not purchase the insurance required by this lease or to deliver such policies or certificateskeep the same in full force and effect, Landlord may, at its optionbut shall not be obligated to purchase the necessary insurance and pay the premium. The Tenant shall repay to Landlord, procure same for as additional rent, the account amount so paid promptly upon demand. In addition, Landlord may recover from Tenant and Tenant agrees to pay, as additional rent, any and all reasonable expenses (including attorneys’ fees) and damages which Landlord may sustain by reason of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery failure to Tenant of bills thereforto obtain and maintain such insurance. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Lease (Everbridge, Inc.)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurancecoverage (or, if such notice is not available from the insurer, Tenant covenants that it shall provide Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Buildingsuch notice). Tenant shall deliver policies of such insurance or certificates thereof to Landlord prior to Tenant first accessing the Premises or, if later, at least 30 days on or before the anticipated Commencement Date, and thereafter at least thirty twenty (3020) days before the expiration dates of expiring policies; and. All such liability insurance certificates shall provide that Landlord, in Landlord’s property manager, its mortgagees, any ground lessors and Landlord’s managing agent of whom Tenant shall have been given notice shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, the Association, any ground lessors and Landlord's managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article 9 shall in no way limit Tenant's liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Lease (Radius Health, Inc.)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurancecoverage (or, if such notice is not available from the insurer, Tenant covenants that it shall provide Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Buildingsuch notice). Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty ten (3010) days before the expiration dates of expiring policies; and. All such liability insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent of whom Tenant shall have been given notice shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Lease (Organogenesis Holdings Inc.)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's ’s Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall in their reasonable discretion; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, and . Tenant shall provide insure that Landlord shall receive thirty (30) days' ’ written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Lease (Datawatch Corp)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Building. Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord's managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article 9 shall in no way limit Tenant's liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Delivery of Policies. The aforesaid Each such insurance shall policy shall: (a) be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best Company. Such insurance shall name Landlord as an additional insured, shall ’s Mortgagee; (b) specifically include the liability assumed hereunder by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and ; (c) shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, ; and shall (d) provide that Landlord shall receive be given ten (10) days’ written notice prior to any cancellation of coverage for non-payment of premium and thirty (30) days' ’ written notice from the insurer prior to any other cancellation or change of coverage. With respect to Tenant's comprehensive general liability insurancecoverage (or, if such notice is not available from the insurer, Tenant covenants that it shall provide Landlord shall be named as an additional insured with respect to its liability relative to this Lease and the Buildingsuch notice). Tenant shall deliver policies of such insurance or certificates thereof to Landlord on or before the Commencement Date, and thereafter at least thirty (30) days before prior to the expiration dates of expiring policies; and. All such insurance certificates shall provide that Landlord, in its mortgagees, any ground lessors and Landlord’s managing agent shall each be named as an additional insured. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's ’s compliance with the provisions of this Article 9 shall in no way limit Tenant's ’s liability under any of the other provisions of this Lease.
Appears in 1 contract
Delivery of Policies. (a) The aforesaid insurance described in Section 9.01 shall be provided by companies and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII or better by A.M. Best CompanyBest's Key Rating Guide who are admitted carriers in the State of Connecticut. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord. Such insurance shall name Landlord as an additional insured, shall specifically include the liability assumed hereunder under this Lease by Tenant (provided that the amount of such insurance shall not be construed to limit the liability of Tenant hereunder), and shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, and shall provide that Landlord shall receive thirty (30) days' written notice from the insurer prior to any cancellation or change of coverage. With respect to Tenant's comprehensive general liability insuranceComprehensive General Liability Insurance, Landlord shall be named as an additional insured (together with its asset manager, property manager and Landlord's Mortgagees of which Tenant shall be notified) with respect to its liability relative to this Lease and the Building. .
(b) Tenant shall deliver policies of such insurance or certificates thereof to Landlord certificates evidencing the existence and amounts of the insurance policies required under Section 9 on or before the Commencement Date. The certificates must include a copy of the endorsement naming the additional insureds required under this Section 9.02. Tenant shall, and thereafter at least thirty (30) days before prior to the expiration dates of expiring policies; andeach policy, in furnish Landlord with a copy of the certificate evidencing the renewal thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within five ten (510) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article Section 9 shall in no way limit Tenant's liability under any of the other provisions of this Lease.
Appears in 1 contract
Samples: Office Lease (E Sync Networks Inc)
Delivery of Policies. The aforesaid Payment of Premiums.
(a) At Beneficiary's option all policies of insurance shall be provided by companies either have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form and in form, substance and amounts (where not above stated) satisfactory to Landlord and to Landlord's Mortgagee by companies rated A-/VII Beneficiary or better by A.M. Best Company. Such insurance shall name Landlord Beneficiary as an additional insured. Trustor shall furnish Beneficiary with an original, a certified copy of an original or a certificate of all policies of insurance required under Section 1.6 above which sets forth the coverage, the limits of liability, the name of the carrier, the Policy number and the period of coverage. If Beneficiary consents, Trustor may provide any of the required insurance through blanket policies carried by Trustor and covering more than one location, or by policies procured by a tenant or other party holding under Trustor; provided, however, all such policies shall specifically include be in form and substance and issued by companies satisfactory to Beneficiary. At least thirty (30) days prior to the liability assumed hereunder by Tenant (provided that expiration of each required policy, Trustor shall deliver to Beneficiary evidence of the amount renewal or replacement of such policy, continuing insurance in form and substance as required by this Deed of Trust. All such policies shall contain a provision that, notwithstanding any contrary agreement between Trustor and insurance company, such policies will not be construed cancelled, allowed to limit lapse without renewal, surrendered or materially amended, which term shall include any reduction in the liability scope or limits of Tenant hereunder)coverage, and shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Landlord, and shall provide that Landlord shall receive without at least thirty (30) days' prior written notice from to Beneficiary.
(b) In the insurer prior event Trustor fails to any cancellation provide, maintain, keep in force or change of coverage. With respect deliver to Tenant's comprehensive general liability insurance, Landlord shall be named as an additional insured with respect to its liability relative to this Lease and Beneficiary the Building. Tenant shall deliver policies of insurance required by this Deed of Trust Beneficiary may (but shall have no obligation to) procure such insurance or certificates thereof to Landlord on or before the Commencement Datesingle-interest insurance for such risks covering Beneficiary's interest, and thereafter Trustor will pay all premiums thereon promptly upon demand by Beneficiary, and until such payment is made by Trustor, the amount of all such premiums shall bear interest at least thirty the Agreed Rate. Upon the occurrence of an Event of Default and request by Beneficiary, Trustor shall deposit with Beneficiary in monthly installments, an amount equal to one-twelfth (301/12) days before of the expiration dates estimated aggregate annual insurance premiums on all policies of expiring policies; andinsurance required by this Deed of Trust. In such event Trustor further agrees to cause all bills, in statements or other documents relating to the event Tenant foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements or other documents evidencing that a premium for a required policy is then payable, and providing Trustor has deposited sufficient funds with Beneficiary pursuant to this Section 1.7, Beneficiary shall fail timely pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with Beneficiary are or will be insufficient to procure pay such insuranceamounts as may be then or subsequently due, Beneficiary shall notify Trustor and Trustor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to deliver be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section 1.7, nor shall anything contained herein modify the obligation of Trustor set forth in Section 1.6 hereof to maintain and keep such policies or certificates, Landlord may, insurance in force at all times. Beneficiary may commingle said reserve with its option, procure same for the account of Tenant, own funds and the cost thereof Trustor shall be paid entitled to Landlord as Additional Rent within five (5) days after delivery to Tenant of bills therefor. Tenant's compliance with the provisions of this Article 9 shall in no way limit Tenant's liability under any of the other provisions of this Leaseinterest thereon.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Financing Statement and Fixture Filing (Can Cal Resources LTD)