Common use of Fire and Extended Coverage Insurance Clause in Contracts

Fire and Extended Coverage Insurance. During the term of this Lease, ------------------------------------ Lessor shall maintain fire and extended coverage insurance on the Building (the premiums for which shall be included in Operating Expenses), but shall not protect Lessee's property on the Leased Premises; and, Lessor shall not be liable for any damage to Lessee's property, however, caused. Lessee agrees to maintain insurance on all of its property in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due to the gross negligence of Lessor; and, Lessor hereby expressly waives any rights of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insurance.

Fire and Extended Coverage Insurance. During At all times during the term of this LeaseLease Term, ------------------------------------ Lessor Landlord shall maintain fire in effect policies of insurance covering the Premises and extended the Building therein in an amount not less than its full insurable value, providing protection against any peril included within the standard classification of “Fire and Extended Coverage,” together with insurance against vandalism, theft and malicious mischief and insurance covering replacement of all the plate glass of the Premises (provided such coverage is conventionally available). The proceeds of such insurance shall be used to repair or replace the Premises so insured. All property, including without limitation stock, inventory, fixtures and equipment belonging to Tenant shall be on the Building (Premises at the premiums for which risk of Tenant and shall be included in Operating Expenses)insured by Tenant to eighty percent (80%) of replacement cost, but shall not protect Lessee's property on the Leased Premises; and, Lessor and Landlord shall not be liable for any damage to Lessee's propertydamage, however, caused. Lessee agrees to maintain insurance on all theft or misappropriation of its property in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any such property of Lessee located in Tenant except as results solely from the negligence or about the Leased Premisesintentional misconduct of Landlord or its agents, unless due employees, or contractors. The Landlord’s cost of providing insurance coverages hereunder shall be paid by Tenant as an element of Premises Operating Expenses subject to the gross negligence of Lessor; and, Lessor hereby expressly waives any rights of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived requirement that prior to lossLandlord’s renewal of any such coverage, Landlord will provide Tenant with a copy of the insurance coverage detail and cost for review and Landlord shall allow Tenant to and procure a quote for alternative equivalent insurance from a comparable provider, provided such quote is provided to Landlord not less than two (2) weeks prior to expiration of Landlord’s existing policy and is on terms identical to or superior to Landlord’s existing policy in Landlord’s reasonable discretion. Lessee Any cost to Landlord in connection with accepting insurance coverage procured through Tenant’s efforts hereunder shall not use the Leased Premises in be borne by Tenant. In no event shall Landlord be required to allow any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insuranceto lapse.

Fire and Extended Coverage Insurance. During the term of this Leaselease the Lessee shall, ------------------------------------ Lessor shall maintain at Lessee's sole cost and expense, keep insured for the mutual benefit of Lessee and Lessors all improvements now or hereafter located on or appurtenant to the Premises against loss or-damage by fire and such other risks as are now or hereafter included in an extended coverage endorsement in common use for farm buildings and structures, including vandalism and malicious mischief. The amount of such insurance shall be sufficient to prevent either Lessors or Lessee from becoming a co-insurer under the provisions of the policies, but in no event shall the amount be less than ninety per cent (90%) of the then actual replacement cost of said improvements (exclusive of excavations and foundations), without deduction for depreciation (herein called full insurable value.) At the time any such policy is to be renewed or replaced the Lessors may request the carrier of the insurance then in force to determine the full insurable value as defined in this paragraph, and the resulting determination shall be conclusive between the parties as to the amount of such coverage to be required under the provisions of this paragraph. Lessee may include the holder of any mortgage on the Building (leasehold or on the premiums for which fee, or both, as a loss payee; on Lessors' written demand Lessee shall include the holder of any mortgage on the fee as a loss payee to the extent of that mortgage interest. The proceeds shall be included in Operating Expenses)applied first to the repair, but restoration, or reconstruction of said improvements, and any excess shall not protect Lessee's property on the Leased Premises; and, Lessor shall not be liable for any damage belong solely to Lessee's property, however, caused. Lessee agrees to maintain insurance on all of its property in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due to the gross negligence of Lessor; and, Lessor hereby expressly waives any rights of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insurance.

Fire and Extended Coverage Insurance. During the term of this Lease, ------------------------------------ Lessor Tenant shall maintain and pay for fire insurance, with extended coverage, covering the Premises in an amount equal to the replacement cost. Landlord shall be named as the insured owner in such policy. Tenant shall deliver such policy to Landlord prior to Commencement Date. Such policy shall contain a provision that at least thirty (30) days' prior written notice of any cancellation be give to Landlord; shall provide that all payments for losses under such policy be made to Landlord; and shall provide that no act or omission of Tenant shall be a basis for denial of Landlord's coverage under the policy. Tenant shall not do or cause to be done or permit on the Premises anything deemed extrahazardous on account of fire, and Tenant shall not use the Premises in any manner which will cause an increase in the premium rate for any insurance in effect on the Premises or a part of the Premises. If, because of anything done, caused to be done, permitted or omitted by Tenant or its agents, contractors, employees, invitees, licensees, servants, subcontractors or subtenants, the premium rate for any kind of insurance in effect on the Premises or any part of the Premises shall be raised, Tenant shall pay the amount of any such increase in premium. Tenant shall maintain and pay for all fire and extended coverage insurance on the Building (the premiums for which shall be included in Operating Expenses), but shall not protect Lessee's property on the Leased Premises; and, Lessor shall not be liable for any damage to Lessee's property, however, caused. Lessee agrees to maintain insurance on all of its property contents in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due including trade fixtures, equipment, machinery, merchandise or other personal property belonging to the gross negligence of Lessor; and, Lessor hereby expressly waives any rights of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insurancecustody of Tenant.

Fire and Extended Coverage Insurance. During the term of this Lease, ------------------------------------ Lessor Landlord shall maintain and pay for fire and casualty special form "all risk" insurance, with extended coverage, covering the Building equal to at least eighty percent (80%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within five (5) days after receipt of such demand or such reasonable time thereafter as is possible, provided Tenant has commenced such cure and is diligently pursuing the completion of same. Tenant shall maintain and pay for all fire and extended coverage insurance on the Building (the premiums for which shall be included in Operating Expenses), but shall not protect Lessee's property on the Leased Premises; and, Lessor shall not be liable for any damage to Lessee's property, however, caused. Lessee agrees to maintain insurance on all of its property contents in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Notwithstanding anything herein to the gross negligence contrary, Landlord reserves the right for itself, successors and assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of Lessor; and, Lessor hereby expressly waives any rights self-insurance affords the same coverage of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire risks and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises benefits which would result in an increase be afforded in the premiums for the fire and extended coverage insuranceevent Landlord procured insurance from a third- party insurer.

Fire and Extended Coverage Insurance. During the term of this Lease, ------------------------------------ Lessor Landlord shall maintain and pay for fire and casualty special form "all risk" insurance, with extended coverage, covering the Building equal to at least eighty percent (80%) of the replacement cost thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises or the Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within five (5) days after receipt of such demand or such reasonable time thereafter as is possible, provided Tenant has commenced such cure and is diligently pursuing the completion of same. Tenant shall maintain and pay for all fire and extended coverage insurance on the Building (the premiums for which shall be included in Operating Expenses), but shall not protect Lessee's property on the Leased Premises; and, Lessor shall not be liable for any damage to Lessee's property, however, caused. Lessee agrees to maintain insurance on all of its property contents in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Notwithstanding anything herein to the gross negligence contrary, Landlord reserves the right for itself, successors and assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of Lessor; and, Lessor hereby expressly waives any rights self-insurance affords the same coverage of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire risks and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises benefits which would result in an increase be afforded in the premiums for the fire and extended coverage insuranceevent Landlord procured insurance from a third-party insurer.

Fire and Extended Coverage Insurance. During Lessee shall keep all buildings and improvements on the Premises at the commencement of the term and thereafter erected thereupon, including alterations, replacements and improvements, insured for the benefit of this LeaseLessor and Lessee, ------------------------------------ Lessor shall maintain fire against loss or damage by fire, casualty and extended coverage risk, which insurance on the Building (the premiums for which shall be included carried in Operating Expenses)the sum not less than the amounts set forth in attached Exhibit C. Lessee covenants to pay when due all insurance premiums and to provide copies of all of such policies to Lessor upon request by Lessor, but which policies shall not protect Lessee's property on the Leased Premises; and, Lessor shall provide such insurance may not be liable for canceled unless Lessor is notified in writing ten (10) days prior to any damage to Lessee's property, however, causedsuch cancellation. Lessee agrees to maintain insurance on all of its property in the Leased Premisesshall be responsible for carrying plate glass insurance, if obtainable. Lessee hereby expressly waives releases Lessor from any right and all liability or responsibility to Lessee or anyone claiming through or under it by way of recovery against Lessor subrogation or otherwise for damage to any property of Lessee located in loss or about the Leased Premises, unless due to the gross negligence of Lessor; and, Lessor hereby expressly waives any rights of recovery against Lessee for damage to the Leased Premises and any property kept thereon or therein caused by fire or other casualty is caused by the Building resulting from negligence of Lessor or anyone for which whom Lessor may be responsible. In the perils insured against under event that Lessor at any time determines that the insurance provided by Lessee pursuant to the terms of this Section 6 is not, in Lessor's fire opinion, adequate for the protection of the Premises, Lessor may by written notice to Lessee request that Lessee obtain insurance satisfactory to Lessor; if Lessee fails within fifteen (15) days to obtain such insurance, Lessor may obtain such insurance, and extended coverage insurance. All insurance policies maintained any expenditures by Lessor or for such insurance shall be payable by Lessee as provided Additional Rent payable in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the addition to any other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insurancerent payable hereunder.

Fire and Extended Coverage Insurance. During Keep the term Improvements and all inventory, supplies and other personal property on the Land insured against loss or damage by fire, vandalism, burglary, theft, mysterious disappearance, malicious mischief, riot, and other hazards insured against by a standard form of this Lease, ------------------------------------ Lessor shall maintain fire and extended coverage insurance and such other insurance (including, but not limited to, flood, wind storm and business interruption) in accordance with the requirements of the Mortgage or as may be otherwise specified by Lender from time to time, in amounts and with insurance companies authorized to do business in Florida which are approved by Lender. Such policies shall provide (i) losses will be adjusted with Lender's participation (and provided further that if Borrower fails to punctually make a claim or proof of loss, Lender shall be entitled to do so; (ii) loss payments will be payable to Lender alone, such payments to be applied, at the option of Lender except as hereinafter or in the Mortgage provided, to the restoration, repair or replacement of the Improvements, or the payment of the principal and interest on the Building Notes and any other indebtedness of Borrower to Lender; (iii) the premiums for which interest of Lender shall be included insured regardless of any breach or violation by Borrower of any warranties, declarations or conditions contained in Operating Expenses)such policy; and (iv) if such insurance be canceled or materially changed for any reason whatsoever, but such insurer shall not protect Lessee's property on the Leased Premises; and, Lessor promptly notify Lender and such cancellation or change shall not be liable effective as to Lender for any damage thirty (30) days after receipt by Lender of such notice; deliver to Lessee's propertyLender copies of each such policy upon the execution hereof, however, caused. Lessee agrees to maintain insurance on all and copies of its property in the Leased Premises. Lessee hereby expressly waives any right of recovery against Lessor for damage to any property of Lessee located in or about the Leased Premises, unless due each renewal policy not less than thirty (30) days prior to the gross negligence expiration of Lessorthe original policy or preceding renewal policy (as the case may be); and, Lessor hereby expressly waives any rights and deliver to Lender receipts or other evidence that the premiums thereon have been paid. The form and content of recovery against Lessee for damage to the Leased Premises or the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All all insurance policies maintained by Lessor or Lessee required under this Agreement shall be satisfactory to Lender as provided in this Section shall contain an agreement by the insurer waiving the insurer's right of subrogation against the other party to this Lease or agreeing not to acquire any rights of recovery which the insured has expressly waived prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire form and extended coverage insurancecontent.

Fire and Extended Coverage Insurance. During The LESSEE will, at its own expense, at all times during the term of this Leaselease, ------------------------------------ Lessor shall maintain keep insured all buildings and improvements erected on the premises hereby in the joint names of LESSOR, LESSEE and Mortgagee, if any, as their interest may appear, against loss or damage by fire and including perils specified in the extended coverage insurance on endorsement and in an amount equal to the Building (maximum insurable value thereof, in a company or companies approved by the LESSOR, and will pay the premiums for which thereon at the time and place the same are payable; that the policy or policies of insurance shall be included made payable in Operating Expenses)case of loss to the LESSOR, but LESSEE and Mortgagee, if any, as their interests may appear, and shall not protect Lessee's property on be deposited with the Leased PremisesMortgagee, if any, otherwise with the LESSOR, and that any proceeds derived therefrom in the event of total or partial loss shall be immediately available to, and as soon as reasonably possible, be used by the LESSEE for rebuilding, repairing, or otherwise reinstating the buildings in a good and substantial manner according to the plans and specifications approved in writing by the LESSOR; and, Lessor shall not be liable for any damage to Lessee's propertyprovided, however, caused. Lessee agrees to maintain insurance that with the approval of the LESSOR, the LESSEE may surrender this lease and pay the balance owing on all any mortgage and the LESSEE shall then receive that portion of its property in said proceeds which the Leased Premises. Lessee hereby expressly waives any right unexpired term of recovery against Lessor for this lease at the time of said loss or damage to any property of Lessee located in or about the Leased Premises, unless due bears to the gross negligence whole of Lessor; andsaid term, Lessor hereby expressly waives any rights the LESSOR to retain the balance of recovery against Lessee for damage said proceeds. However, all requirements in this lease related to the Leased Premises or LESSEE’S obligation to obtain insurance, including liability insurance and such other policies of insurance as the Building resulting from the perils insured against under Lessor's fire and extended coverage insurance. All insurance policies maintained by Lessor or Lessee as provided in this Section shall contain an agreement LESSEE is required to obtain herein, may be satisfied by the LESSEE by way of a captive insurance company of the LESSEE or similar arrangement approved by the Insurance Commissioner of the State of Hawaii pursuant to the Hawaii Revised Statutes, Chapter 341. The LESSEE shall furnish to the LESSOR and Mortgagee, if any, a certificate showing such policy or policies to be initially in force and shall furnish a like certificate upon each renewal of such policy or policies, each such certificate to contain or be accompanied by an assurance of the insurer waiving to notify the insurer's right LESSOR and Mortgagee with a thirty (30) day written notice, if any, of subrogation against the other party any intention to this Lease cancel any such policy or agreeing not to acquire any rights of recovery which the insured has expressly waived policies, prior to loss. Lessee shall not use the Leased Premises in any manner or store anything in or upon the Leased Premises which would result in an increase in the premiums for the fire and extended coverage insuranceactual cancellation.