Common use of Failure to Maintain Clause in Contracts

Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 3 contracts

Samples: Lease (Excite Inc), Suit Lease (At Home Corp), Suit Lease (At Home Corp)

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Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's ’s failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's ’s failure to so maintain such insurance coverage.

Appears in 2 contracts

Samples: Tenant Improvement Agreement (BigBand Networks, Inc.), Lease (Claria Corp)

Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph PARAGRAPH 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph PARAGRAPH 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 2 contracts

Samples: Nondisturbance and Attornment Agreement (Realnames Corp), Lease (Broadvision Inc)

Failure to Maintain. If Tenant fails to maintain any insurance ------------------- coverage that Tenant is required to maintain under this Paragraph 21, and ------------ Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or -------------- affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Suit Lease (At Home Corp)

Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph PARAGRAPH 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Lease (Communication Telesystems International)

Failure to Maintain. If Tenant fails to maintain any insurance ------------------- coverage that Tenant is required to maintain under this Paragraph 21, and ------------ Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or affect any -------------- other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Suit Lease (At Home Corp)

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Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph PARAGRAPH 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's ’s failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph PARAGRAPH 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's ’s failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Lease (BigBand Networks, Inc.)

Failure to Maintain. If Tenant fails to maintain any insurance coverage that Tenant is required to maintain under this Paragraph PARAGRAPH 21, and Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor therefor and evidence of such loss. Nothing Xothing contained in this Paragraph PARAGRAPH 21.E shall be deemed to limit or affect any other remedies or rights available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Lease (Broadvision Inc)

Failure to Maintain. If Tenant fails to maintain any insurance ------------------- coverage that Tenant is required to maintain under this Paragraph 21, and ------------ Landlord incurs any liability to its insurance carrier arising out of Tenant's failure to so maintain such insurance coverage, then any and all loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon its receipt of a bill xxxrefor xxxx therefor and evidence of such loss. Nothing contained in this Paragraph 21.E shall be deemed to limit or affect any other remedies or rights -------------- available to Landlord under this Lease that arise from Tenant's failure to so maintain such insurance coverage.

Appears in 1 contract

Samples: Lease (Supportsoft Inc)

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