Common use of Fire and Casualty Insurance Clause in Contracts

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term hereof maintain fire and casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 3 contracts

Samples: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (TGPX Holdings I LLC), Sublease (Traeger, Inc.)

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Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term hereof maintain fire term of this Lease, shall cause all buildings and casualtyother improvements excluding Tenant's trade fixtures; personal and other property, located within the Development to be insured against loss or damage by fire, lightning earthquake, wind and such other risks as are from time to time included in extended coverage endorsements in the State of Kansas, in an amount and form so that the proceeds thereof are sufficient to provide for actual replacement in full of the buildings and improvements within the Premises not including Tenant's trade fixtures or personal property, (said amount may exclude foundation and excavation costs and costs of underground flues pipes and drains); such coverage to include "Comprehensive Boiler and Machinery" coverage, if applicable, as part of one or more policies of insurance. In addition, Landlord way, during the entire term of this Lease and any renewals or extensions thereof, purchase loss of rent coverage in an amount not more them the total of the minimum annual rent and other Rent hereunder calculated for a one (1) year period. In addition to and not in lieu of any other Rent due hereunder, Tenant shall pay to Landlord as additional rent within thirty (30) days after Tenant's receipt from Landlord of a bill for sxxx, the cost of the insurance providing premiums for the above- described insurance coverages. Notwithstanding the above, if, acceptable to Landlord's lender, as determined in its sole discretion and if Tenant can obtain casualty insurance coverage upon ("Replacement Insurance"), (i) which is no less comprehensive than that obtained by Landlord, including, without limitation rental loss coverage, if previously carried by Landlord, (ii) notwithstanding anything herein the building improvements contrary, which names Landlord as the named insured, (iii) which provides Landlord with no less protection than the insurance previously maintained by Landlord (reasonably determined by Landlord), and (iv) at a lower cost, as evidenced in writing by Tenant's insurer, then Tenant shall have the right to obtain said Replacement Insurance for the Premises, by giving Landlord written notice at least ninety (90) days before the renewal date of the current insurance policy in effect, whereupon Tenant shall pay all costs incurred in obtaining such Replacement Insurance for the Premises. Tenant may elect to carry a higher deductible than Landlord was carrying, but not more than the maximum set forth in Section 13.1 without Landlord's prior written approval. Upon any insured loss, Tenant shall pay to Landlord an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder deductible amount which sum shall be written by reputable, responsible companies licensed held and disbursed in the State of Utahsame manner as insurance proceeds are held and disbursed hereunder. Tenant shall have the rightmay, at its request at any reasonable time, elect to stop insuring the Premises by giving Landlord at least ninety (90) days prior written notice, whereupon Landlord shall obtain insurance coverage for the Premises as called for herein and Tenant shall resume paying Landlord for such insurance expenses for the Premises. In the event of a Recapture from and after the effective date of such event, Tenant shall only be furnished with copies responsible for payment of Tenant' s pro rata share of the insurance policies then in force pursuant to this Section 11.02, together with evidence that costs. Tenant's pro rata share shall be determined by dividing the premiums therefor have been paid. (b) leaseable Floor Area of the Premises retained by Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored by the leaseable Floor Area constructed on the Leased Premises by Tenant or with Development. Should the leaseable Floor Area constructed on the Development change, Tenant’s permission 's pro rata share shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to sameappropriately adjusted. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease and Guaranty (Aei Income & Growth Fund 25 LLC), Assignment and Assumption of Lease and Guaranty (AEI Income & Growth Fund 26 LLC)

Fire and Casualty Insurance. (a) Subject to To keep the provisions of this Section 11.02Trust Property insured against loss or damage by fire with extended coverage, Landlord shall secure, pay forvandalism, and at all times during the Rental Term hereof maintain fire malicious mischief endorsement and casualty, business interruption insurance providing coverage upon the building improvements in an amount equal acceptable to Beneficiary, and against such other risks or hazards which, in the reasonable opinion of Beneficiary, should be insured against (including, during any period of construction, builder's risk insurance), to the amount of the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as on a replacement cost basis with a company or companies and in such additional form and with such endorsements as may be approved or required by Landlord’s lender or LandlordBeneficiary. All Proceeds under all such insurance required hereunder shall be written by reputablepayable to Trustor and Beneficiary, responsible as their interests may appear, and all such insurance policies shall be endorsed with a standard, noncontributory mortgagee's clause in favor of Beneficiary and with a lender's loss payee endorsement as to loss of rental income. Trustor shall also carry public liability insurance in such form, amount, and with such companies licensed as to protect Beneficiary against any liability incident to the use of or resulting from any incident occurring in or about the State Trust Property. Initially, such public liability insurance shall provide for comprehensive general liability coverage with limits of Utahnot less than $1,000,000.00 combined single limit per occurrence for personal injury, death, and property damage. Tenant However, such amount shall have the rightbe increased from time to time as Beneficiary may hereafter require. Said policies or copies thereof, at its request Beneficiary's request, shall be delivered to, and remain in possession of, Beneficiary as further security for the faithful performance of the Obligations, which delivery shall constitute an assignment by Trustor to Beneficiary of all rights thereunder, including all return premiums; to deliver to Beneficiary a policy or policies renewing or extending any expiring insurance with a receipt showing premiums paid at least thirty (30) days before expiration. If Trustor fails to so deliver any reasonable renewal policies, Beneficiary may procure such insurance as it may elect and may make payment of premiums thereon, which payment is reimbursable on demand. Neither Trustee nor Beneficiary shall be responsible for obtaining or maintaining such insurance. Beneficiary, from time to time, may furnish to be furnished with copies any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information concerning the Loan. In no event, and whether or not an Event of Default (as hereinafter defined) has occurred hereunder, shall Beneficiary, by the fact of approving, accepting, or obtaining such insurance, incur any liability for the amount of such insurance, the form of legal sufficiency of insurance contracts, solvency of insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full responsibility therefor. Trustor shall give immediate written notice of any loss to Beneficiary, and Beneficiary may, but is not obligated to, make proof of loss if not made promptly by Trustor. Said policies then in force pursuant shall require sixty (60) days' prior written notice of cancellation or modification by given to this Section 11.02, together with evidence that the premiums therefor have been paidBeneficiary. (b) Tenant agrees In case of any loss, the amount collected under any policy of insurance on the Trust Property may, at the option of Beneficiary, be applied by Beneficiary to maintain satisfaction of any Obligations and in such order and amount as Beneficiary may determine; or said amount, or any portion thereof may, at its own expense the option of Beneficiary, either be used in replacing or restoring the Trust Property to a condition satisfactory to Beneficiary, or said amount or any portion thereof, may be released to Trustor. In any such event, neither Trustee nor Beneficiary shall be obligated to see to the proper application thereof; nor shall the amount so released or used be deemed a payment on any Obligation. Such application, use, and/or release shall not cure or waive any Event of Default or notice of default hereunder or invalidate any act done pursuant to such notice. Any unexpired insurance and all returnable insurance premiums shall inure to the benefit of, and pass to, the purchaser of the Trust Property covered thereby at any Trustee's sale or judicial foreclosure sale held hereunder. If the Trust Property is sold pursuant to the power of sale contained herein or pursuant to any decree of foreclosure, all right, title, and interest of Trustor in and to the proceeds of fire and casualty other 13 insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or policies for damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall sale, which proceeds are not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect received prior to the Rental Term Commencement Date date of this Lease said sale, shall belong to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insuranceBeneficiary. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Loan Agreement (Transcrypt International Inc)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.0212.01 Tenant shall keep its fixtures, Landlord shall secure, pay formerchandise, and at all times during the Rental Term hereof maintain fire and casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord equipment insured against and hold it harmless from any claims arising out of loss or damage by fire or casualty with the usual extended coverage clauses, and in the event of loss thereof or damage thereto neither Tenant nor its insurer shall have any recourse against Landlord, it being understood and agreed that Tenant assumes all risk of damage to sameits own property arising from any cause whatsoever, including without limitation loss by theft or otherwise, excluding any loss or damage caused by Landlord's agents, employees, or representatives, and that each insurance policy maintained by Tenant shall contain an express waiver of any rights of subrogation by the insurer or underwriter to any claim against Landlord. (c) 12.02 Tenant shall agrees that it will not permit carry any stock of goods or do anything in or about the Leased Premises to be used for demised premises which will in any purpose which would render the insurance thereon void or cause cancellation thereof or way increase the premiums for insurance risk carrier by Landlord or increase the insurance premiums in effect just prior any other tenants on or with respect to the Rental Term Commencement Date demised premises, the building of this Lease (this restriction shall not apply to which the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of demised premises are a part or any increase other buildings in the insurance premium Office/Warehouse or their respective contents; and Tenant will on demand reimburse Landlord and all other tenants of Landlord over that in effect prior Office/Warehouse for all extra premiums charged to the Rental Term Commencement Date of this Lease to the extent solely resulting from Landlord caused by Tenant’s unique and particular 's use of the Leased Premisesdemised premises, whether or not Landlord has consented to the same. If Tenant installs shall install any electrical or other equipment which that overloads the lines in the Leased Premisesdemised premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurancethe insurance underwriters and governmental authorities having jurisdiction thereover. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Humatech Inc)

Fire and Casualty Insurance. Tenant agrees to maintain at all times from and after the Commencement Date through the expiration of the term hereof standard fire and extended coverage insurance covering the improvements on the Premises in an amount not less - 28 - 29 than the full "replacement cost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils covered by fire and extended coverage insurance policies, and against vandalism, malicious mischief, flood and special extended perils (a) i.e., "all risks" as such term is used in the insurance industry), 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 of Texas for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. Subject to the provisions of this Section 11.02paragraph 12 below, such insurance shall be for the sole benefit of Landlord shall secure, pay for, and at all times during the Rental Term hereof maintain fire and casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof and/or any Lien Holder (as determined by defined below) and under Landlord)'s sole control. Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with Certified copies of the insurance policies then in force pursuant to this Section 11.02such policies, together with evidence that receipts evidencing payment of premiums therefor, shall be delivered to Landlord prior to the premiums therefor have been paid. (b) Commencement Date. If Tenant agrees fails to maintain at its own expense deliver such fire and casualty insurance coverage as Tenant may desire policies or require in respect to Tenant’s personal propertycertificates on or before the Commencement Date, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect duty to deliver possession of the Premises to Tenant until such insurance policies or losses. All property kept or stored on the Leased Premises certificates are provided, but such failure by Tenant shall not delay the Commencement Date or with have any effect on Tenant’s permission 's other obligations hereunder, including, without limitation, the obligation to pay Rent. Not less than fifteen (15) days prior to the expiration date of any such policies, certified copies of the renewals thereof (bearing notations evidencing the payment of renewal premiums) shall be so done at Tenant’s sole risk delivered to Landlord. Such policies shall further provide that not less than thirty (30) days written notice shall be given to Landlord before such policy may be canceled or changed to reduce insurance provided thereby. If Tenant fails to obtain or maintain such policy of insurance, then in addition to any other remedy Landlord may have for such default, Landlord may obtain the required insurance and Tenant shall indemnify reimburse Landlord, on demand, for the cost associated therewith, together with interest on the amount paid by Landlord against and hold it harmless at the rate of ten percent (10%) per annum from any claims arising out the date of loss or damage to same. (c) Tenant shall not permit the Leased Premises such payment by Landlord until payment by Tenant. Any payment to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior made pursuant to this subparagraph A with respect to the Rental Term Commencement Date of calendar year in which this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant terminates shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken prorated. Such policy or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced policies shall be procured by Tenant within five (5) days after such damagefrom reputable insurance companies satisfactory to Landlord.

Appears in 1 contract

Samples: Contract for Purchase and Sale (Eye Care Centers of America Inc)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term terms hereof maintain fire and “All Risk” casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such Said insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender Lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall will not permit the Leased said Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date commencement of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent additional rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date commencement of this Lease to the extent solely lease resulting from Tenant’s unique and particular Tenant use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term terms hereof with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Fire and Casualty Insurance. (a) A. Subject to the provisions of this Section 11.0211 below, Landlord shall secure, pay for, and at all times during the Rental Term term hereof maintain fire and casualtymaintain, insurance providing coverage upon the building improvements Improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlordand insuring against the perils of fire, extended coverage, vandalism, and malicious mischief. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Landlord shall also maintain appropriate general liability insurance with respect to Landlord's building. Tenant shall have the right, at its request at and any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. Landlord shall indemnify Tenant against and hold it harmless from any claims arising out of loss or damage to building, except for damage resulting from the acts or omissions of Tenant, its officers, employees or agents. (b) B. Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s 's personal property, property equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s 's permission shall be so done at Tenant’s 's sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) C. Tenant shall will not permit the said Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date commencement of this Lease (this restriction shall not apply to the BBQ Use)lease term. Tenant agrees to pay as Additional Rent additional rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date resulting commencement of this Lease to the extent solely resulting from Tenant’s unique and particular Tenant use of the Leased Premisespremises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s 's insurance. D. Each party hereto does hereby release and discharge the other party hereto and any officer, agent, employee or representative of such party, of and from any liability whatsoever hereafter arising from loss, damage or injury caused by fire or other casualty for which insurance (dpermitting waiver of liability and containing a waiver or subrogation) is carried by the injured party at the time of such loss, damage, or injury to the extent of any recovery by the injured party under such insurance. E. Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term term hereof with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s 's expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term terms hereof maintain fire and “All Risk” casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such Said insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender Lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term terms hereof with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Fire and Casualty Insurance. Tenant agrees to maintain at all times from and after the Commencement Date through the expiration of the term hereof standard fire and extended coverage insurance covering the improvements on the premises in an amount not less than the full "replacement cost" thereof as such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against the perils covered by fire and extended coverage insurance policies, and against vandalism, malicious mischief, flood and special extended perils (a) i.e., "all risks" as such term is used in the insurance industry), 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 of Texas for use by insurance companies admitted in such state for the writing of such insurance on risks located within such state. Subject to the provisions of this Section 11.02paragraph 12 below, Landlord shall secure, pay for, and at all times during the Rental Term hereof maintain fire and casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such such insurance shall include twelve (12) months rental income coverage as well as be for the sole benefit of Landlord and under Landlord's sole control. Copies of such additional endorsements as may be required by Landlord’s lender policies, or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State certificates of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02insurance, together with evidence that receipts evidencing payment of premiums therefor, shall be delivered to Landlord prior to the premiums therefor have been paid. (b) Commencement Date. If Tenant agrees fails to maintain at its own expense deliver such fire and casualty insurance coverage as Tenant may desire policies or require in respect to Tenant’s personal propertycertificates on or before the Commencement Date, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect duty to deliver possession of the Premises to Tenant until such insurance policies or losses. All property kept or stored on the Leased Premises certificates are provided, but such failure by Tenant shall not delay the Commencement Date or with have any effect on Tenant’s permission 's other obligations hereunder, including, without limitation, the obligation to pay Rent. Not less than fifteen (15) days prior to the expiration date of any such policies, copies of the renewals thereof (bearing notations evidencing the payment of renewal premiums) shall be so done at Tenant’s sole risk delivered to Landlord. Such policies shall further provide that not less than thirty (30) days written notice shall be given to Landlord before such policy may be canceled or changed to reduce insurance provided thereby. If Tenant fails to obtain or maintain such policy of insurance, then in addition to any other remedy Landlord may have for such default, Landlord may obtain the required insurance and Tenant shall indemnify reimburse Landlord, on demand, for the cost associated therewith, together with interest on the amount paid by Landlord against and hold it harmless from any claims arising out at the rate of loss or damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.ten

Appears in 1 contract

Samples: Commercial Lease Agreement (Packaged Ice Inc)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term terms hereof maintain fire and casualtymaintain, such available “All Risk” insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such ) together with such other casualty insurance shall include coverage as Landlord deems advisable with regard to the Office Complex, including at its option, but not limited to, average clauses; boiler insurance, elevator insurance, automatic sprinkler damage insurance, and rental income insurance sufficient to pay to Landlord not less than twelve (12) months rental income coverage as well as such additional Base Monthly Rent and Additional Rent. Landlord may require appropriate endorsements as may be required by suitable to Landlord. Landlord’s lender fire and casualty insurance on building need not cover items such as Tenant’s murals, works of art, abnormal decorative treatments or Landlorditems listed in Section 11.02 included within such policy coverage. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall will not permit the Leased said Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase Increase the insurance risk or increase the insurance premiums in In effect just prior to the Rental Term Commencement Date commencement of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent additional rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date commencement of this Lease to the extent solely lease resulting from Tenant’s unique and particular Tenant use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever caused by Tenant or its invitees and agrees to immediately replace all glass broken or damaged during the Rental Term terms hereof with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Lipocine Inc.)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term terms hereof maintain fire and casualtymaintain, All Risk casualty insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah, with a rating suitable to Landlord's mortgage lender. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. At Landlord's option, such insurance shall also include rental income insurance for up to twelve (12) months, agreed amounts endorsements or other endorsements reasonably suitable to Landlord. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s 's personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s 's permission shall be so done at Tenant’s 's sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall will not permit the Leased said Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date commencement of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent additional rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date commencement of this Lease to the extent solely lease resulting from Tenant’s unique and particular Tenant use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s 's insurance. (d) Tenant shall be responsible for all glass breakage at Leased Premises from any cause whatsoever (other than Landlord's negligence) and agrees to immediately replace all glass broken or damaged during the Rental Term terms hereof with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s 's expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Sento Corp)

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Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term, and any Rental Term hereof extension or renewal thereof, maintain fire and casualty, casualty extended coverage insurance providing coverage upon the building Building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02, together with with. evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain maintain, at its own expense expense, such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in in, respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever in and about the Leased Premises, unless caused by Landlord, its employees or agents, and agrees to immediately replace all glass broken or damaged during the Rental Term, and any Rental Term extension or renewal thereof, with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Sera Prognostics, Inc.)

Fire and Casualty Insurance. (a) Subject 15.1 During the Lease term, Lessor shall keep the Building and all other improvements now or in the future located on the Leased Premises insured against loss by fire and extended coverage perils and boiler and machinery, in such amount as Lessor deems appropriate consistent with its past practices. In addition, Lessor may obtain rent loss and other insurance reasonably required for the Leased Premises, all in form and substance and in amounts acceptable to Lessor. 15.2 During the provisions term of this Lease, Lessee shall reimburse Lessor for the amount of the premiums incurred by Lessor in carrying the insurance provided in Section 11.02, Landlord 15. 1. This amount shall secure, pay forbe payable as additional rent within 10 days after Lessor notifies Lessee in writing of the sum due, and at all times during the Rental Term hereof maintain fire provides Lessee with a computation of that sum and casualty, insurance providing coverage upon the building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then policy and premium bills upon which the computation is based. Lessee shall be responsible only for a pro rata share of any such premiums during any partial year in force pursuant which this Lease commences or terminates, based upon the actual number of days during which this Lease was in effect as compared to this Section 11.02, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty period covered by the insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord period. Lessor shall have no obligation the right to insure and maintain the insurance coverages set forth in respect to Section 15.1 above under blanket insurance policies covering other premises owned by Lessor so long as such blanket insurance or lossespolicies comply with the provision and the amounts of insurance provided in this Lease. All property kept or stored on In the event Lessor maintains such blanket insurance policies, the premium shall be prorated between the Leased Premises and such other premises as may be covered thereunder by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out multiplying the annual cost per hundred dollars of loss or damage to same. (c) Tenant shall not permit property value covered thereby by the full replacement cost of the Leased Premises for insurance purposes, which is agreed to be used $24 Million. In no event shall Lessee's reimbursement obligation under this Section 15.2 exceed $13,700 for the first 12 months of the Term. Lessor and Lessee agree to work together cooperatively and in good faith to limit all future increases in such amount. If in any purpose which would render year the insurance thereon void amount of such premiums exceeds $17,000, that portion of the amount of such premiums that is in excess of $17,000 shall be divided equally between and paid by Lessor and Lessee. This obligation shall survive the expiration or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date termination of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insuranceLease. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease (Monarch Machine Tool Co)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term, and any Rental Term hereof extension or renewal thereof, maintain fire fi re and casualty, casualty extended coverage insurance providing coverage upon the building improvements in an Building Improvements inan amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s 's lender or Landlord. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain maintain, at its own expense expense, such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s 's personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s 's permission shall be so done at Tenant’s 's sole risk and Tenant shall indemnify Landlord Land lord against and hold it harmless from any claims arising out of loss or damage to samethe same including, without limitation, any subrogation claims by Tenant' s insurers. In addition, Tenant shall keep in force workmen's compensation or similar insurance to the extent required by law. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular 's use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s 's insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever in or about the Leased Premises, unless caused by Landlord, its employees or agents, and agrees to immediately replace all glass broken or damaged during the Rental Term, and any Rental Term extension or renewal thereof, with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s Tenant 's expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Predictive Technology Group, Inc.)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02, Landlord shall secure, pay for, and at all times during the Rental Term, and any Rental Term hereof extension or renewal thereof, maintain fire and casualty, casualty extended coverage insurance providing coverage upon the building improvements Improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such , together with such other casualty insurance shall include coverage as Landlord deems advisable with regard to the Building, including at its option, but not limited to, average clauses, boiler insurance, elevator insurance, automatic sprinkler damage insurance, and rental income insurance sufficient to pay to Landlord not less than twelve (12) months rental income coverage as well as such additional Base Monthly Rent and Additional Rent. Landlord may require appropriate endorsements as may be required by Landlord or Landlord’s lender lender. Landlord’s fire and casualty insurance on the Building need not cover items such as Tenant’s murals, works of art, abnormal decorative treatments or Landlorditems listed in this Section 11.02 included within such policy coverage. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain maintain, at its own expense expense, such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures or inventory and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever in and about the Leased Premises, unless caused by Landlord, its employees or agents, and agrees to immediately replace all glass broken or damaged during the Rental Term, and any Rental Term extension or renewal thereof, with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (Majesco Entertainment Co)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.0211.2, Landlord shall secure, pay for, and at all times during the Rental Term terms hereof maintain fire and casualtymaintain, insurance providing coverage upon the building Building improvements in an amount equal to the full insurable replacement value thereof (as determined by Landlord). Such insurance shall include twelve (12) months rental income coverage as well as such additional endorsements as may be required by Landlord’s lender or Landlordand insuring against the perils of fire, extended coverage, vandalism, and malicious mischief. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of Utah. Tenant shall have the right, at its request at any reasonable time, to be furnished with copies of the insurance policies then in force pursuant to this Section 11.02Section, together with evidence that the premiums therefor have been paid. (b) Tenant agrees to maintain at its own expense such fire and casualty insurance coverage as Tenant may desire or require in respect to Tenant’s 's personal property, equipment, furniture, fixtures or inventory inventory, and losses due business interruption, and Landlord shall have no obligation in respect to such insurance or losses. All property kept or stored on the Leased Premises by Tenant or with Tenant’s 's permission shall be so done at Tenant’s 's sole risk and Tenant shall indemnify Landlord against and hold it harmless from any claims arising out of loss or damage to same. (c) Tenant shall will not permit the said Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior to the Rental Term Commencement Date commencement of this Lease (this restriction shall not apply to the BBQ Use)Lease. Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date commencement of this Lease to the extent solely resulting directly from Tenant’s unique and particular use of the Leased PremisesPremises as documented by the insurer. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, shall at its own expense, expense make whatever changes are necessary to comply with the requirements of Landlord’s 's insurance. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Lease Agreement (BMB Munai Inc)

Fire and Casualty Insurance. (a) Subject to the provisions of this Section 11.02To provide and maintain in force, Landlord shall secure, pay for, and at all times during the Rental Term hereof maintain times, fire and casualty, extended coverage insurance providing coverage upon the building improvements with respect to such Property in an amount equal equivalent to the full insurable replacement value thereof (as determined by Landlord)cost of the improvements but not less than the face amount of this Mortgage. Such Each policy of such insurance shall include twelve (12) months rental income coverage as well as be in form and content and by such additional endorsements companies, as may be required by Landlord’s lender or Landlord. All insurance required hereunder reasonably satisfactory to Lender, with loss payable in favor of Lender, and shall be written by reputabledelivered to, responsible companies licensed and remain in the State possession of UtahLender. Tenant Mortgagor shall have furnish Lender with written evidence showing payment of all premiums therefor. At least thirty (30) days prior to the rightexpiration of any insurance policy, a policy renewing or extending such expiring insurance shall be delivered to Lender with written evidence showing payment of the premium therefor, and, in the event that any such insurance policy and evidence of payment of the premium are not so delivered to Lender, Mortgagor by executing this Mortgage specifically authorizes Lender in Lender's sole discretion to obtain such insurance from time to time at its request at any reasonable Mortgagor's cost. Lender may, from time to time, to be furnished with copies of the require insurance policies then in force pursuant to this Section 11.02, together with appraisals or other evidence that the premiums therefor have been paid. (b) Tenant agrees insurance is equivalent to maintain at its own expense such fire the full replacement cost of the improvements and casualty may require increased insurance to provide full replacement cost coverage as Tenant may desire or require in respect to Tenant’s personal property, equipment, furniture, fixtures cover any increased loan amount due to negative amortization. Lender shall not be chargeable with obtaining or inventory and Landlord shall have no obligation in respect to maintaining such insurance or lossesfor any insolvency of any insurer or insurance underwriter. All property kept Lender, from time to time, may furnish to any insurance agency or stored on the Leased Premises by Tenant company, or with Tenant’s permission shall be so done at Tenant’s sole risk and Tenant shall indemnify Landlord against and hold it harmless any other person, any information contained in or extracted from any claims arising out of loss or damage insurance policy theretofore delivered to same. (c) Tenant Lender pursuant hereto, and any information concerning the loan secured hereby. Mortgagor hereby assigns to Lender all unearned premiums on any such policy, and agrees that any and all unexpired insurance shall not permit the Leased Premises to be used for any purpose which would render the insurance thereon void or cause cancellation thereof or increase the insurance risk or increase the insurance premiums in effect just prior inure to the Rental Term Commencement Date benefit of, and pass to, the purchaser of the property conveyed at any sale held hereunder pursuant to the foreclosure of this Lease (this restriction shall not apply to the BBQ Use). Tenant agrees to pay as Additional Rent the total amount of any increase in the insurance premium of Landlord over that in effect prior to the Rental Term Commencement Date of this Lease to the extent solely resulting from Tenant’s unique and particular use of the Leased Premises. If Tenant installs any electrical or other equipment which overloads the lines in the Leased Premises, Tenant shall, at its own expense, make whatever changes are necessary to comply with the requirements of Landlord’s insuranceMortgage. (d) Tenant shall be responsible for all glass breakage from any cause whatsoever and agrees to immediately replace all glass broken or damaged during the Rental Term with glass of the same quality as that broken or damaged. Landlord may replace, at Tenant’s expense, any broken or damaged glass if not replaced by Tenant within five (5) days after such damage.

Appears in 1 contract

Samples: Mortgage for Adjustable Interest Rate Loan (Decade Companies Income Properties)

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