Common use of FIRE AND CASUALTY DAMAGE Clause in Contracts

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises are a part in an amount not less than the full replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost of such insurance coverage as stated above will be the responsibility of Tenant and Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costs. Said payments shall be made to Landlord within twenty (20) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

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FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than ninety percent (90%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Firefire and lightning and included extended coverage, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against or at Landlord's option all other Risks of Direct Physical Lossrisk coverage, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12F below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof. Tenant agrees to pay to Landlord, as additional rentalrent, Tenant's full proportionate share (as defined in subparagraph 24) with copies of the amount insurance xxxx of such insurance costsexcess. Said payments shall be made to Landlord within twenty fifteen (2015) days after presentation to Tenant of Landlord's statement setting forth the amount due, and the failure to pay such excess shall be treated in the same manner as a default in the payment of rent hereunder when due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to Tenant shall not take out separate insurance concurrent in form or contributing in the provisions event of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated loss with that required to be $0.065 per square footmaintained by Landlord hereunder unless Landlord is included as an additional insured thereon. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall promptly deliver to Landlord the policy of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Factory Card Outlet Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain shall maintain, during the term of the Lease, standard fire and extended coverage insurance covering the building Building of which the Premises are a part in an amount not less than ninety percent (90%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Firefire, Lightninglightning and tornado wind damage and including extended coverage, Extended Coverageor at Landlord's option, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Lossrisk coverage, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost of such insurance coverage as stated above will be the responsibility of Tenant and Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costs. Said payments shall be made to Landlord within twenty (20) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E 12F below, such insurance shall be for the sole benefit of both Landlord and Tenant, but shall be under Landlord's its sole control. For Tenant shall not take out separate insurance concurrent in form or contributing in the calendar year in which the Lease commences insurance costs are estimated event of loss with that required to be $0.065 per square footmaintained by Landlord hereunder unless Landlord is included as an additional insured thereon. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall promptly deliver to Landlord the policy or policies of such insurance. Tenant shall pay Landlord, Tenant's proportionate share of Landlord's cost of the foregoing insurance within ten (10) days after receipt of a statement from Landlord setting forth the amount due and the period covered by such statement along with a copy of the actual xxxx received by Landlord and a Certificate of Insurance. Tenant's obligation to pay its proportionate share of such insurance shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dt Industries Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than ninety percent (90%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Firefire and lightning and including extended coverage, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against or at Landlord's option all other Risks of Direct Physical Lossrisk coverage, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12F below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount Tenant's full proportionate share (as defined in subparagraph 24J) of such insurance costsexcess. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due, and the failure to pay such excess shall be treated in the same manner as a default in the payment of rent hereunder when due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to Tenant shall not take out separate insurance concurrent in form or contributing in the provisions event of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated loss with that required to be $0.065 per square footmaintained by Landlord hereunder unless Landlord is included as an additional insured thereon. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall promptly deliver to Landlord the policy or policies of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Watson Pharmaceuticals Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain Causes of Loss-Special Form property insurance covering the building of which the Premises premises are a part in an amount not less than ninety percent (90%) (or such greater percentage as may be necessary to avoid the application of any co-insurance clauses of the policy) of the full replacement cost thereof. Subject to the provisions of subparagraphs 12C, insuring against the perils of Fire12D, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss12F below, such coverages and endorsements to insurance shall be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state sole benefit of Landlord and under its sole control. If during the calendar year following the calendar year in which the Premises are situated for use by insurance companies admitted in such state for commencement date of this lease falls, or during any subsequent year of the writing primary term or any renewal or extension, Landlord’s cost of maintaining such insurance on risks located within such state. The an annual basis shall exceed Three Thousand Three Hundred Thirty-Six and 21/100 Dollars ($3,336.21) Landlord’s cost of maintaining such insurance coverage as stated above will be for the responsibility of Tenant and calendar year, Tenant agrees to pay to Landlord, as additional rental, the amount Tenant’s full proportionate share (as defined in subparagraph 24J) of such insurance costsexcess. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's ’s statement setting forth the amount due, and the failure to pay such excess shall be treated in the same manner as a default in the payment of rent hereunder when due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to Tenant shall not take out separate insurance concurrent in form or contributing in the provisions event of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated loss with that required to be $0.065 per square footmaintained by Landlord hereunder unless Landlord is included as an additional insured thereon. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall promptly deliver to Landlord the policy or policies of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Power Solutions International, Inc.)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages coverage and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for by use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12.C., 12.D. and 12.E. below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second calendar year after the commencement date of this lease, or during any subsequent calendar year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first calendar year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). The first calendar year shall be the year in which the lease commences. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Tekgraf Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building Building, of which the Premises are a part part, in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost cost" thereof, as such term is defined in the Replacement Cost Endorsement to be attached thereto insuring against the perils of Fire, Lightning, Lightning and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages coverage and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated State of Texas for use by insurance companies admitted in such state the State of Texas for the writing of such insurance on risks located within such state. The cost the State of such insurance coverage as stated above will be the responsibility of Tenant and Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costs. Said payments shall be made to Landlord within twenty (20) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full yearTexas. Subject to the provisions of subparagraphs 12C13.C, 12D 13.D and 12E 13.E below, such insurance shall be for the sole benefit of both Landlord and Tenant, but shall be under Landlord's its sole control. For In addition Landlord agrees to maintain general liability coverage insurance in an amount deemed prudent and necessary by Landlord or required by mortgagee presently (or in the future) holding a mortgage and/or deed(s) of trust constituting a lien against the Building of which the Premises are a part. If the annual premiums charged Landlord for insurance exceed the standard premium rates because the nature of the Tenant's operation results in extra hazardous exposure, and if Landlord permits such operations, then Tenant, upon receipt of appropriate premium notices, shall reimburse Landlord for such increase in such premiums as additional rent hereunder. Tenant shall maintain, at its own expense, fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Premises and on all additions and improvements made by Tenant and not required to be insured by Landlord. In addition, Tenant shall reimburse Landlord annually, as additional rent and upon receipt of notice from Landlord, for Tenant's proportionate share of all amounts paid by Landlord for insurance premiums which exceed an amount equal to the actual cost of such premiums for the calendar year 1994 In the event the Premises constitute a portion of a multiple-occupancy building, Tenant shall be responsible for reimbursing Landlord for Tenant's full proportionate share of such excess, as such share is defined in which the Lease commences insurance costs are estimated subparagraph 4.B above. Said payment shall be made to be $0.065 per square foot.Landlord within ten (10) days after presentation to Tenant

Appears in 1 contract

Samples: Packaged Ice Inc

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part (including building standard office/warehouse finishes which are constructed by Tenant) in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost costs thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. If, during the second calendar year after the commencement date of this lease, or during any subsequent calendar year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility of Tenant and first calendar year or the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess not to exceed $2,425.00 per year (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). The first calendar year shall be the year in which the lease commences. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Hayes Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than 80% (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Fire, Lightning, and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state State in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12(C), 12(D), and 12(E) below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rentalrent, the amount of such insurance costsexcess (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share (as defined in subparagraph 4(B) above) of such excess). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Luminex Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such coverage is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state State in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost Subject to the provisions of subparagraphs 9B and 9D below, such insurance coverage as stated above will shall be for the responsibility sole benefit of Tenant Landlord and under its sole control. Tenant agrees to pay pay, to Landlord, as additional rental, Landlord's cost of maintaining such insurance on said building (or, in the amount event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share (as defined in subparagraph 21B) of such insurance costscost). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A, with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the that part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Aetrium Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building buildings of which the Premises are a part in an amount not less than 90% (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in any Replacement Cost Endorsement, insuring against the perils of Fire, Lightning, Lightning and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state State in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost Subject to the provisions of subparagraphs 12(C), 12(D) and 12(E) below, such insurance coverage as stated above will shall be for the responsibility sole benefit of Tenant Landlord and under its sole control. Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costs (or in the event the Premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share (as defined in subparagraph 4(B) above) of such costs). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A (A) with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease Lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Bway Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than 80% (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Fire, Lightning, Lightning and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state State in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12(C), 12(D) and 12(E) below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share [as defined in subparagraph 4(B) above] of such excess). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Cortelco Systems Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises are premises is a part in an amount not less than equal to the full replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance coverage as stated above will shall be for the responsibility sole benefit of Tenant Landlord and under its sole control. Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsincrease in premium (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's proportionate share of such increase in such premium) over the amount thereof for the Base Year 2002. Said payments shall be made to Landlord within twenty thirty (2030) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease Lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease Lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (First Horizon Pharmaceutical Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part (including building standard office/warehouse finishes which are constructed by Tenant) in an amount not less than eighty (80%) percent (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. If, during the second calendar year after the commencement date of this lease, or during any subsequent calendar year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility of Tenant and first calendar year or the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess not to exceed $4,128.00 per year (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). The first calendar year shall be the year in which the lease commences. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Hayes Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building Building, of which the Premises are a part part, in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost cost" thereof, as such term is defined in the Replacement Cost Endorsement to be attached thereto insuring against the perils of Fire, Lightning, Lighting and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages coverage and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated State of Texas for use by insurance companies admitted in such state the State of Texas for the writing of such insurance on risks located within the State of Texas. Subject to the provisions of subparagraphs 13.C, 13.D and 13.E below, such stateinsurance shall be for the sole benefit of Landlord and under its sole control. The In addition Landlord agrees to maintain general liability coverage insurance in an amount deemed prudent and necessary by Landlord or required by mortgagee presently (or in the future) holding a mortgage and/or deed(s) of trust constituting a lien against the Building of which the Premises are a part. If the annual premiums charged Landlord for insurance exceed the standard premium rates because the nature of the Tenant's operation results in extra hazardous exposure, and if Landlord permits such operations, then Tenant, upon receipt of appropriate premium notices, shall reimburse Landlord for such increase in such premiums as additional rent hereunder. Tenant shall maintain, at its own expense, fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Premises and on all additions and improvements made by Tenant and not required to be insured by Landlord. In addition, Tenant shall reimburse Landlord annually, as additional rent and upon receipt of notice from Landlord, for Tenant's proportionate share of all amounts paid by Landlord for insurance premiums which exceed an amount equal to the actual cost of such premium for the calendar year 1997 or $6,070.00, which is the total estimated insurance coverage as stated above will for the entire building. Tenant's prorated share at 17.0028% equates to $1,032.00. In the event the Premises constitute a portion of a multiple- occupancy building, Tenant shall be the responsibility responsible for reimbursing Landlord for Tenant's full proportionate share of Tenant and Tenant agrees to pay to Landlordsuch excess, as additional rental, the amount of such insurance costsshare is defined in subparagraph 4.B above. Said payments payment shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject In the event any such additional rental amount is not paid within ten (10) days after the date of Landlord's invoice to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but the unpaid amount shall be under Landlord's sole controlbear interest from the date due until paid at the maximum interest rate allowed by law. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.* SEE SPECIAL PROVISIONS EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

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FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. If, during the second calendar year after the commencement date of this lease, or during any subsequent calendar year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility of Tenant and first calendar year or the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess not to exceed $4,128.00 per year (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). The first calendar year shall be the year in which the lease commences. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot(See additional provision #38.)

Appears in 1 contract

Samples: Lease Agreement (Hayes Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises are a part in an amount not less than one hundred percent (100%) of the full replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. Tenant shall pay, as additional rental on a 1/12 per month basis, Tenant's proportionate share of the full cost of maintaining such insurance. Upon Tenant's request, Landlord shall provide a copy of Landlord's insurance carrier's estimate of insurance for the year. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess (or in the event the Premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). Said payments payment shall be made to Landlord within twenty thirty (2030) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Radiant Systems Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord (a) Tenant agrees to maintain property insurance covering the building of which Building, Improvements and all alterations, additions, partitions and improvements erected by, or on behalf of, Tenant in, on or about the Premises are a part in an amount not less than 100% of the full "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto (but excluding excavations, foundations and footings), insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks risks of Direct Physical Lossdirect physical loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated State of Colorado for use by insurance companies admitted in such state Colorado for the writing of such insurance on risks located within Colorado. Such insurance shall cover those risks of loss that a reasonable and prudent property owner of a like or similar building located in Denver, Colorado would insure against, including liability and loss of rents coverage. Landlord and its mortgagee will be named as loss payees in the policy providing such stateproperty insurance on the Improvements. The cost All such policies shall be procured by Tenant from responsible insurance companies reasonably satisfactory to Landlord and licensed in the State of Colorado. Certificates of Insurance for each such policy of such insurance coverage as stated above will insurance, together with receipt evidencing payment of the premiums thereof or shall be delivered to Landlord prior to the responsibility Commencement Date of Tenant and Tenant agrees this Lease. Not less than fifteen (15) days prior to pay the expiration date of any such policies, new Certificates of Insurance (bearing notations evidencing the payment of renewal premiums) shall be delivered to Landlord, as additional rental, the amount of such insurance costs. Said payments Such policies shall further provide that not less than thirty (30) days written notice shall be made given to Landlord within twenty (20) days after presentation before such policy may be canceled or changed to Tenant reduce insurance provided thereby. If requested by the holder of Landlord's statement setting forth any indebtedness secured by a mortgage or Deed of Trust covering the amount due. Any payment Premises, certified copies of the insurance policies will need to be made pursuant to this subparagraph 12A with respect to furnished in lieu of the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part certificates of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square footinsurance.

Appears in 1 contract

Samples: Lease Agreement (Koala Corp /Co/)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance standard fire and extended coverage Insurance covering the building of which the Premises premises are a part in an amount not less than ninety percent (90%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Firefire and lightning and including extended coverage, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against or at Landlord's option all other Risks of Direct Physical Lossrisk coverage, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12F below such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof. Tenant agrees to pay to Landlord, as additional rental, the amount Tenant's full proportionate share (as defined in subparagraph 24(j) of such insurance costsexcess. Said payments shall be made to Landlord within twenty thirty (2030) days after presentation to Tenant of Landlord's statement setting forth the amount due, and the failure to pay such excess shall be Treated in the same manner as a default in the payment of rent hereunder when due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to Tenant shall not take out separate insurance concurrent in form or contributing in the provisions event of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated loss with that required to be $0.065 per square footmaintained by Landlord hereunder unless Landlord is included as an additional insured thereon. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall promptly deliver to Landlord the policy or policies of such insurance.

Appears in 1 contract

Samples: Lease Agreement (Ameriquest Technologies Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises premises are a part (including building standard office/warehouse finishes which are constructed by Tenant) in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost costs thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. If, during the second calendar year after the commencement date of this lease, or during any subsequent calendar year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility of Tenant and first calendar year or the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess not to exceed $3,996.00 per year (or in the event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). The first calendar year shall be the year in which the lease commences. Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Hayes Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than 80% (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Fire, Lightning, Lightning and Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state State in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12(C), 12(D) and 12(E) below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, Landlord as additional rental, the amount of such insurance costsexcess (or in the event the premises constitute a portion of a multiple occupancy building. Tenant's full proportionate share [as defined in subparagraph 4(B) above] of such excess). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Glacier Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises are a part in an amount not less than one hundred percent (100%) of the full replacement cost thereof, insuring against the perils of Fire, Lightning, Wind Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed proscribed by the insurance regulatory authority for the state in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on an risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. Landlord's cost of maintaining such insurance coverage as stated above will shall be the responsibility of paid by Tenant and Tenant agrees to pay to Landlord, as additional rental, (or in the amount event the Promises constitute a portion of a multiple occupancy building. Tenant shall pay its full proportionate share of such insurance costscost). Said payments payment shall be made to Landlord within twenty thirty (2030) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Rf Micro Devices Inc)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain standard fire and extended coverage insurance covering the building of which the Premises premises are a part in an amount not less than 80% (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the "replacement cost thereofcost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils of Fire, (24), Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement Endorsements to insure against all other Risks of Direct Physical Loss, and Earthquake and Flood, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The cost Subject to the provisions of subparagraphs 11B and 11E, below, such insurance coverage as stated above will shall be for the responsibility sole benefit of Tenant Landlord and under its sole control. Tenant agrees to pay to Landlord, as additional rentalrent, Landlord's cost of maintaining such insurance on said building (or in the amount event the premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share [as defined in subparagraph 4B above] of such insurance costscost). Said payments shall be made to Landlord within twenty ten (2010) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject (25) B. If the buildings situated upon the premises should be damaged or destroyed by any peril covered by the insurance to be provided by Landlord under subparagraph 11A above, Tenant shall give immediate notice thereof to Landlord and Landlord shall at its sole cost and expense thereupon proceed with reasonable diligence to rebuild and repair such buildings to substantially the condition in which they existed prior to such damage or destruction, except that Landlord shall not be required to rebuild, repair or replace any part of the partitions, fixtures, additional and other improvements which may have been placed in, on or about the premises by Tenant and except that Tenant shall pay to Landlord, upon demand, any applicable deductible amount specified under Landlord's insurance. The rent payable hereunder shall in no event xxxxx by reason of any damage or destruction. (26) C. (27) D. Tenant covenants and agrees to maintain insurance on all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the premises in an amount not less than 80% (or such greater percentage as may be necessary to comply with the provisions of subparagraphs 12Cany co-insurance clause of the policy) of the "replacement cost" thereof, 12D as such term is defined in the Replacement cost Endorsement to be attached thereto. Such insurance shall insure against the perils and 12E belowbe in form, such including stipulated endorsements, as provided in subparagraph 11A hereof. Such insurance shall be for the sole benefit of both Tenant and under its sole control. All such policies shall b procured by Tenant from responsible insurance companies satisfactory to Landlord. Certified copies of policies of such insurance, together with receipt evidencing payment of the premiums therefor, shall be delivered to Landlord prior to the commencement date of this lease. Not less than fifteen (15) days prior to the expiration date of any such policies, certified copies of renewals thereof (bearing notations evidencing the payment of renewal premiums) shall be delivered to Landlord. Such policies shall further provide that no less than thirty (30) days written notice shall be given to Landlord before such policy may be cancelled or changed to reduce insurance provided thereby. E. Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Landlord's interest in the premises requires that the insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon all rights and obligations hereunder shall cease and terminate. (28) F. Landlord and TenantTenant hereby each release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any other perils insured in policies of insurance covering such property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. Each of Landlord and Tenant agrees that it will request its insurance carriers to include in its policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated obligated to be $0.065 per square footdo so.

Appears in 1 contract

Samples: 03 Lease Agreement (Park Electrochemical Corp)

FIRE AND CASUALTY DAMAGE. A. Landlord agrees to maintain insurance covering the building of which the Premises are a part in an amount not less than eighty percent (80%) (or such greater percentage as may be necessary to comply with the full provisions of any co-insurance clauses of the policy) of the replacement cost thereof, insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief, extended by Special Extended Coverage Endorsement to insure against all other Risks of Direct Physical Loss, such coverages and endorsements to be as defined, provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the state in which the Premises are situated for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. The Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the sole benefit of Landlord and under its sole control. If during the second full lease year after the commencement date of this lease, or during any subsequent year of the primary term or any renewal or extension, Landlord's cost of maintaining such insurance coverage as stated above will be shall exceed Landlord's cost of maintaining such insurance for the responsibility first full lease year of Tenant and the term hereof, Tenant agrees to pay to Landlord, as additional rental, the amount of such insurance costsexcess (or in the event the Premises constitute a portion of a multiple occupancy building, Tenant's full proportionate share of such excess). Said payments shall be made to Landlord within twenty (20) days after presentation to Tenant of Landlord's statement setting forth the amount due. Any payment to be made pursuant to this subparagraph 12A with respect to the year in which this lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full year as the part of such year covered by the term of this lease bears to a full year. Subject to the provisions of subparagraphs 12C, 12D and 12E below, such insurance shall be for the benefit of both Landlord and Tenant, but shall be under Landlord's sole control. For the calendar year in which the Lease commences insurance costs are estimated to be $0.065 per square foot.

Appears in 1 contract

Samples: Lease Agreement (Contour Medical Inc)

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