Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.
Appears in 4 contracts
Samples: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it lender, property manager, agent or affiliate the Landlord reasonably so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general on all liability insuranceinsurance (except employer’s liability), including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall immediately notify Landlord in the event any policy of insurance carried by Tenant is cancelled or the coverage materially changed. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1after providing Tenant with five (5) business days’ notice, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 3 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII in BestA-VIII. Tenant’s Commercial General Liability Insurance Guide or which is otherwise acceptable to shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Prope1ty Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25 (or equivalent) there shall be an endorsement (or an excerpt from the policy) naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement (or an excerpt from the policy) designating Landlord as a Xxxx payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement (or policy excerpt) shall be binding on Tenant’s insurance company. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with certificates of coverage in a timely manner, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest (at the rate that is at the lesser of 18% per annum or the highest rate permitted by Law) from the date such sums are expended. Tenant shall fail have the right to procure provide such insuranceinsurance coverage pursuant to blanket policies obtained by Tenant, or provided such blanket policies expressly afford coverage to deliver such certificates the Premises and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under Tenant as required by this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.
Appears in 3 contracts
Samples: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name as additional insureds Landlord, and the other Additional Insureds listed in Section 16 of the Summary, and any other party it Landlord hereafter so specifies in writing to TenantTenant via written Notice, together with their “Related Parties” defined as an their parents, affiliates, managers, members, directors, officers, employees, subsidiaries, successors, lenders (if required by loan agreements), and their successors and assigns, it being the intent of this Section to trigger the additional insured with respect to the commercial general liability insurancecoverage under any “automatic additional insured” provision of, or endorsement to, Tenant’s insurance policies; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, including Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice Notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, together with a fifteen percent (15%) service charge.
Appears in 3 contracts
Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 10.3.1 and 10.3.4 10.3.3 above, have deductible amounts not exceeding One Hundred Twenty Five Thousand Dollars ($100,000.00)25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Landlord may from time to time ask Tenant to seek or obtain other coverages or higher limits or broader coverage for required coverages, as may be commercially reasonable, including adjustments required by holders of indebtedness secured by the Project, and Tenant shall then use its best efforts promptly to obtain the coverages or limits.
Appears in 3 contracts
Samples: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i1) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifics, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:V1II in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 3 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: The Commercial General Liability shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Tenant, and Tenant shall promptly notify Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if of the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)same. Tenant shall deliver said certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and endorsements, within such time periodsfive (5) days of Landlord’s request, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Memec Inc), Office Lease (Dexcom Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Xxxxxxxx’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Xxxxxxxx’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured insured, including Landlord’s managing agent, if any (with respect to the commercial general liability insuranceTenant’s Commercial General Liability Insurance only); (ii) specifically cover the liability assumed by by-Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-11/11 in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder arising within, on or about the Premises and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed reduced below the amounts required herein unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver copies of such policies (or at Landlord’s option, certificates thereof thereof) to Landlord or Landlord’s designee on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)
Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Lease Date, but in which no event later than the Project date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. Tenant shall (1) add Landlord, Landlord’s managing agent, any Encumbrancer, and any other person reasonably requested by Landlord as an additional insured pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 37 10 01 or its equivalent on Tenant’s liability insurance policies (except workers’ compensation insurance), and (2) ensure that such insurance is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried or self-insurance maintained by Landlord is excess and is non-contributing shall not contribute with any it. Tenant shall endeavor to cause all of its insurance requirement of Tenant; (v) policies to provide that said insurance shall the insurer cannot be canceled cancel such policy or materially reduce coverage changed unless without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material reduction of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, which Landlord may give or withhold in its reasonable discretion.
Appears in 2 contracts
Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible greater than Twenty-Five Thousand Dollars ($25,000.00). Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Lease Date, but in which no event later than the Project date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. All Tenant’s liability insurance shall provide (i) that Landlord, Landlord’s managing agent, any Encumbrancer, and any other person requested by Landlord, is locateddesignated as an additional insured without limitation as to coverage afforded under such policy pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 37 10 01 or its equivalent; (ii) for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); (iii) that the aggregate liability applies solely to the Project; and (iv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any Landlord. All Tenant’s insurance requirement of Tenant; (v) shall provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, which Landlord may give or withhold in its sole discretion.
Appears in 2 contracts
Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant and its agents/contractors under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenant(collectively, the “Additional Insureds”), as an additional insured with respect to the commercial general liability insuranceinsured, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord the Additional Insureds is excess and is non-contributing with any insurance requirement required of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; and (vii) provide that said insurance insurer shall not be canceled or coverage changed unless thirty (30) days’ prior endeavor to provide written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect , to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition option (upon notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Landlord and the Additional Insureds will not be responsible for any deductibles or self-insured retentions related to any insurance under this Article 10.
Appears in 2 contracts
Samples: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so the Landlord reasonably specifies in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceas their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord, including Landlord’s managing agent, ground lessor and/or lender, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall endeavor to cause said insurance to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Phase I Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies or certificate and applicable endorsements, within such time periods, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Washington; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (ii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord to Tenant in which the Project is locatedwriting (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the XXXXX 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, redacted copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 14.01 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.
Appears in 2 contracts
Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a than has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 Tenant’s Property Insurance on any Tenant-Insured Improvements and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)trade fixtures. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates date thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property insurance on any Tenant-Insured Improvements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds end that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefortrade fixtures.
Appears in 2 contracts
Samples: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) with respect to the coverages required under Sections 10.3.2(ii) and (iv) above, name Landlord, and any other ------------------- ---- party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a ------------ rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant and by Landlord under this Lease Section 10 shall in no event not limit such parties’ liability under the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the XXXXX 25-S there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 10.2 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII in BestA-VIII. Tenant’s Commercial General Liability Insurance Guide or which is otherwise acceptable to shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “AXXXX 25” (Certificate of Liability Insurance) and “AXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the AXXXX 25 (or equivalent) there shall be an endorsement (or an excerpt from the policy) naming the Additional Insured Parties as additional insureds, and attached to the AXXXX 28 (or equivalent) there shall be an endorsement (or an excerpt from the policy) designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement (or policy excerpt) shall be binding on Tenant’s insurance company. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with certificates of coverage in a timely manner, Landlord may (but shall not be required to) procure said insurance on Tenant's behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest (at the rate that is at the lesser of 18% per annum or the highest rate permitted by Law) from the date such sums are expended. Tenant shall fail have the right to procure provide such insuranceinsurance coverage pursuant to blanket policies obtained by Tenant, or provided such blanket policies expressly afford coverage to deliver such certificates the Premises and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under Tenant as required by this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Soleno Therapeutics Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without thirty (30) days’ prior notice to do business Landlord, except that ten (10) days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. Attached to the XXXXX 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least thirty (30) days before any termination or material change to the expiration dates thereofpolicies, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. If Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 14.01 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.
Appears in 2 contracts
Samples: Office Lease Agreement (Clementia Pharmaceuticals Inc.), Office Lease Agreement (Stealth BioTherapeutics Corp)
Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Xxxxxx & Company, and any other party it so specifies in writing to TenantLandlord reasonably specifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail be permitted to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies provide the insurance required under this Lease, and without regard Lease by obtaining a blanket policy or policies to any notice and cure periods set forth in Section 19.1, procure such policies for the account of be maintained by Tenant, and the cost thereof shall be paid . The coverage afforded to Landlord as Additional Rent within thirty (30) days after delivery under this Lease shall in no way be limited, diminished or reduced because of bills thereforthe fact that such policy or policies are blanket in nature.
Appears in 2 contracts
Samples: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantreasonably specified by Landlord, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' (ten (10) days' in the event of nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, after delivery of five (5) days' notice to Tenant, at its Landlord's option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. If either party fails to carry the amounts and types of insurance required to be carried by it pursuant to this Lease, such failure shall be deemed to be a covenant and agreement by such party to self-insure with respect to the type and amount of insurance which such party so failed to carry, with full waiver of subrogation with respect thereto.
Appears in 2 contracts
Samples: Office Lease (Artistdirect Inc), Office Lease (Equity Marketing Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies the Landlord reasonably specifies, in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing non¬contributing with any insurance requirement of Tenant; Tenant (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates of such policies (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition within five (5) days following written notice from Landlord to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name LandlordLandlord Parties, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which State where the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided of which Landlord provides Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)written notice. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall have the right to provide the casualty insurance required by this Article 10 pursuant to blanket policies, but only if such blanket policies expressly provides, on a per occurrence basis, that a loss that relates to any other location does not impair or reduce the level of protection available for the Premises below the amount required by this Lease. Tenant may not self-insure against any risks required to be covered by insurance provided by Tenant hereunder without Landlord’s prior written consent but Tenant’s insurance coverages may include risk retention or deductible amounts commercially reasonable in light of Tenant’s business and comparable to similar tenants in comparable buildings in the area in which the Building is located. Tenant has the right to satisfy Tenant’s obligation to carry liability insurance with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises.
Appears in 2 contracts
Samples: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) business days after delivery of bills therefor.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . Tenant hereby agrees that in the event of any non-renewal or cancellation of the policies of insurance required in Sections 10.3.1herein, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant shall provide Landlord with notice of such cancellation immediately upon Tenant's first becoming aware of such cancellation or non-renewal. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)
Form of Policies. The minimum limits Tenant's insurance shall be issued by companies authorized to do business in the State of Nevada. Tenant shall have the right to provide insurance coverage pursuant to blanket policies of obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required of to be carried by Tenant under this Lease (except for worker's compensation insurance) shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantreasonable number of parties designated by Landlord as additional insureds, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the as to liability assumed by Tenant under this Leasecoverages, includingbe written on an "occurrence" basis, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII provide that Landlord shall receive thirty (30) days notice from the insurer before any cancellation or change in Best’s Insurance Guide or which is otherwise acceptable to Landlord coverage, and authorized to do business in the state in which the Project is located; (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)any policies carried by Landlord. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date date Tenant first enters or occupies the Premises, and thereafter at least thirty (30) days before the expiration dates thereofof expiring policies. If Tenant shall fail to procure Notwithstanding the foregoing, if any such insurance, or to deliver such certificates and endorsements, within such time periodsinsurance expires without having been renewed by Tenant, Landlord may, at its shall have the option, in addition to all of its Landlord's other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies insurance for the account of Tenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Rent. The limits of bills thereforthe insurance required under this Lease shall not limit liability of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized qualified to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed so that it does not comply with the requirements of this Lease unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will Landlord, provided, however that this advance notice provision shall not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect apply to the insurance required annual renewal of policies in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)the ordinary course of business of the substitution of policies in the event of a change of control of Tenant. Tenant shall deliver certificates thereof evidencing such policies to Landlord on or before the Lease Commencement Date and at least thirty within ten (3010) business days before after the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request in writing copies of policies of Tenant’s insurance required hereunder, which Tenant shall thereafter provide within fifteen (15) business days. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, provided that Landlord shall provide written notice to Tenant, and with a copy of such notice addressed to “General Counsel”, at the Premises, at least ten (10) days in advance informing Tenant that Landlord is electing to procure such policies for the account of Tenant.
Appears in 2 contracts
Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A /VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the applicable Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (ia) (except Workers’ Compensation) name Landlord, and any other party it reasonably so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (iib) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations to indemnify Landlord under Section 10.1 abovethis Lease; (iiic) be issued by an insurance company having a rating of not less than A–/VII A-1X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedProperty Jurisdiction; (ivd) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (ve) provide that said insurance shall not be canceled canceled, expire or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or Lender and any landlord of an underlying ground or underlying lessor of Landlord master lease; and (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vif) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date commencement date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty additional rent ten (3010) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Lease (Appliance Recycling Centers of America Inc /Mn), Purchase Agreement (Appliance Recycling Centers of America Inc /Mn)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25-S” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) to the extent available in the market generally, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A+:VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof a certificate(s) evidencing such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition option and if it is determined that Tenant has failed to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1maintain the required coverage, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall require any vendors or contractors that it shall hire to perform work/services on Premises to procure similar insurance, as required by Landlord of Tenant in this Lease including naming as additional insureds Landlord and any other party Landlord so specifies.
Appears in 2 contracts
Samples: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) for the general liability, auto liability, and contractual liability (if not included under the general liability policy), name Landlord, and any other party it parties the Landlord so specifies (including Landlord’s subsidiaries, Landlord’s property management company, Landlord’s asset management company, X.X. Xxxxxx Investment Management Inc. (“JPMIMI”), and, if requested by Landlord in writing to Tenantwriting, Landlord’s mortgagee), as an additional insured with respect to insureds (or, in the commercial general liability case of Tenant’s physical damage insurance, as additional loss-payees as their interests may appear); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California, aside from worker’s compensation; and (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing contributory when any policy issued to Landlord and Landlord’s property management company provides duplicate or similar coverage, and in such circumstance Landlord’s or Landlord’s property management company’s policies will be excess over Tenant’s policy(ies). Tenant shall provide Landlord (and any other parties Landlord has specified as additional insureds or additional loss-payees) with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless less than thirty (30) days’ prior written notice shall have been given of any cancellation of, termination of or material change to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required to be carried by Tenant hereunder, in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)the event Tenant receives such written notice. Tenant shall deliver certificates (including endorsements) thereof (and such other evidence satisfactory to Landlord on or before of the maintenance of such insurance) to Landlord prior to the Lease Commencement Date and at least thirty within ten (3010) days before after each renewal of said insurance. In the expiration dates thereof. If event Tenant shall fail to procure such insurance, or to deliver such certificates (and endorsementssuch other evidence satisfactory to Landlord of the maintenance of such insurance), Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may following delivery of written notice to Tenant of such failure and Tenant’s failure to cure the same within five (5) business days following Tenant’s receipt of such time periods, Landlord maynotice, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, plus an administrative fee of five percent (5%) of such cost. Tenant shall require any vendors or contractors that it shall hire to perform work and/or services on the Premises to procure similar insurance, as required by Landlord of Tenant in this Lease, including naming as additional insureds or additional loss payees, as applicable, Landlord and its subsidiaries, Landlord’s property management company, Landlord’s asset management company, JPMIMI, and, if requested in writing by Landlord, Landlord’s mortgagee.
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be written by companies rated A VIII or better in “Best’s Insurance Guide” or having an equivalent rating from a reputable financial rating agency such as Xxxxx’x or Standard & Poors, and not prohibited from doing business in California, (ii) name Landlord, Landlord and any other party it so specifies parties designated by Landlord as additional insureds, in writing to Tenantthe case of liability insurance, and name Landlord and Tenant as named insureds, as an additional insured their interest may appear, in the case of any Property Policies (provided if Tenant’s Property Policy is a blanket policy, Landlord shall be a named insured, by endorsement, with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this LeasePremises only), including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) as to liability coverages, be issued by written on an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; “occurrence” basis, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless receive thirty (30) days’ prior written notice shall have been given to Landlord from the insurer before any cancellation or change in coverage, and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viv) contain a crossprovision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and non-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Tenant shall be liable for payment of any deductible in the insurance required in Sections 10.3.1event of any loss, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)claim or casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord’s other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. The limits of bills thereforthe insurance required under this Lease shall not limit any obligation or liability of Tenant under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in A.M. Best’s Insurance 's Rating Guide or which is otherwise acceptable to Landlord and authorized Landlord, licensed to do business in the state in which the Project Building is located, and domiciled in the United States; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.
Appears in 2 contracts
Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)
Form of Policies. The minimum limits of policies of All insurance required of Tenant under by this Lease Article 14 shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state in which State of California. Any insurance required under this Article 14 may be maintained under a “blanket policy” or an “umbrella policy”, insuring other parties and other locations, so long as the Project amount and coverage required to be provided hereunder is located; not thereby diminished. Tenant shall provide Landlord a copy of each policy of insurance or a certificate thereof certifying that the policies contain the provisions required hereunder. Tenant shall deliver such policies or certificates to Landlord within ten (iv10) be primary insurance business days following the date of this Lease or such earlier date as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant or Tenant; (v) provide that said insurance shall ’s contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not be canceled or coverage changed unless less than thirty (30) days’ days prior written notice shall have been given to the expiration of such coverage. All evidence of insurance provided to Landlord shall provide (i) that Landlord, Landlord’s managing agent and any mortgagee or ground or underlying lessor of other person requested by Landlord (provided Tenant will not be in default if the insurance company refuses who has an insurable interest, is designated as an additional insured without limitation as to provide coverage afforded under such assurance)policy; (viii) contain a cross-liability endorsement or for severability of interest clause acceptable interests or that the acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to Landlordany other insured or additional insured; and (viiiii) with respect that the insurer agrees not to cancel or alter the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and policy without at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition prior written notice to all of its other rights and remedies under this Lease, and without regard additional insureds; (iv) that the aggregate liability applies solely to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Premises and the cost thereof shall be paid to Landlord as Additional Rent within thirty remainder of the Building; and (30v) days after delivery of bills thereforthat Tenant’s insurance is primary and noncontributing with any insurance carried by Landlord.
Appears in 2 contracts
Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.
Appears in 2 contracts
Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant’s liability insurance shall: shall (i) name Landlord, Landlord’s lender and any other party it so specifies in writing to TenantLandlord’s managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Sublease Agreement (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant's liability insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies in writing to TenantLandlord's managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company and shall name Landlord as a “cancellation notice recipient”. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.
Appears in 2 contracts
Samples: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . In the event that any insurance required in Sections 10.3.1of Tenant under the Lease is cancelled or modified, 10.3.2 and 10.3.4 abovethen, have deductible amounts not exceeding One Hundred Thousand Dollars within three ($100,000.00)3) business days’ of Tenant’s receipt of notice of cancellation or modification, Tenant shall give Landlord notice of such cancellation or modification. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Lease Agreement (Biomarin Pharmaceutical Inc), Lease Agreement (Biomarin Pharmaceutical Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant’s obligation to have its insurer(s) provide Landlord with any notices of changes or ground or underlying lessor cancelations of Landlord (provided Tenant will not policies shall be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect limited to the extent notice requirements are provided for under the then generally prevailing available insurance policies and XXXXX certificates, but Tenant shall provide Landlord with notices required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars hereunder ($100,000.00)within the time period provided hereunder) to the extent that Tenant’s insurer(s) shall not. Tenant shall deliver certificates thereof of policies required hereunder to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without thirty (30) days’ prior notice to Landlord (if commercially available, and authorized to do business otherwise such notice of cancelation or change shall be timely given by Tenant), except that ten (10) days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance) or the equivalent. Attached to the XXXXX 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and Tenant or Tenant’s insurance agent shall notify each Additional Insured Party in writing at least thirty (30) days before any termination or material change to the expiration dates thereofpolicies (if commercially available, and otherwise such notice of cancelation or change shall be timely given by Tenant), except that ten (10 days’ prior notice may be given in the case of nonpayment of premiums. If Tenant excess/umbrella insurance is provided, any such certificate shall fail evidence coverage specifically with respect to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Property and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery amount of bills thereforcoverage allocated thereto in compliance with Section 14.01 hereof.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)
Form of Policies. The minimum limits of policies of (a) All insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed be maintained by Tenant under this Lease, including, but Article VII shall be written in form and substance reasonably satisfactory to Landlord by insurance companies with general policy holder’s ratings of not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having less than A and a financial rating of not less than A–/VII Class XI as rated in the most recent available “Best’s Insurance Guide or which is otherwise acceptable to Landlord ’s” insurance reports, and authorized licensed to do business in the state State of Florida and authorized to issue such policies. Upon the failure of Tenant to procure, maintain and place such insurance and pay all premiums and charges therefor within fifteen (15) days after written demand by Landlord, Landlord may do so (but shall not be obligated to do so), and in which such event Tenant agrees to pay the Project is located; amount thereof to Landlord as additional rent within thirty (iv30) be primary days after demand.
(b) All policies of insurance as to all claims thereunder and provide that any insurance carried procured by Landlord is excess and is non-contributing with any insurance requirement of Tenant; Tenant shall:
(vi) provide that said insurance shall such policies may not be changed, amended, reduced, canceled (including for nonpayment of premium) or coverage changed unless allowed to lapse with respect to Landlord, except after at least thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if from the insurance company refuses to Landlord, sent by registered mail;
(ii) provide that Tenant shall be solely responsible for the payment of all premiums under such assurance); policies and Landlord shall have no obligation for the payment thereof notwithstanding that Landlord is or may be named as an insured;
(viiii) provide that the liability of the insurer thereunder shall not be affected by, and that the insurer shall not claim, any right of setoff, counterclaim, apportionment, proration, or contribution by reason of, any other insurance obtained by or for Landlord, Tenant, or any Person claiming by, through, or under any of them;
(iv) contain no provision relieving the insurer from liability for loss occurring while the hazard to buildings, improvements and fixtures is increased, whether or not within the knowledge or control of, or because of any breach of warranty or condition or any other act or neglect by, Landlord, Tenant, or any Person claiming by, through, or under any of them; and
(v) in the case of property insurance, contain a cross-liability endorsement standard mortgagee clause which shall (A) provide that any reference to a mortgagee in such policy shall mean and include all holders of mortgages of any interests in the Premises, in their respective order and preference as provided in their respective mortgages, (B) provide that such insurance as to the interest of any mortgagee shall not be invalidated by any act or severability neglect of interest clause acceptable to Landlord; , Tenant or any Person claiming by, through, or under any of them and (viiC) waive any provision invalidating such mortgagee clause by reason of the failure of any mortgagee, Landlord, Tenant, or any Person claiming by, through, or under any of them to notify the insurer of any hazardous use or vacancy, any requirement that any mortgagee pay any premium thereon, or any contribution clause.
(c) On the Commencement Date, appropriate certificates, including evidence of the waivers of subrogation required pursuant to Section 7.6, shall be deposited by Tenant with respect Landlord. Any endorsements to the insurance required in Sections 10.3.1any such policies (or, 10.3.2 at Tenant’s election, appropriate certificates) shall also be so deposited upon issuance thereof and 10.3.4 aboveeach renewal or replacement of a policy (or, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant at Tenant’s election, appropriate certificates) shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and be so deposited at least thirty (30) days before prior to the expiration dates thereof. If Tenant shall fail to procure of such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies policy.
(d) Any property damage policies required under this LeaseArticle VII shall provide that any loss equal to or less than $5,500,000, adjusted for inflation, shall be payable to Tenant only and that the amount of any loss in excess of $5,500,000, adjusted for inflation, payable thereunder shall be adjusted with and payable to Landlord and Tenant, as their respective interests may appear.
(e) All insurance required to be carried by Tenant pursuant to this Article VII shall name as an additional insured Landlord and any Permitted Leasehold Mortgagee, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall other Persons as may be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefordesignated by Landlord.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease (Universal City Travel Partners)
Form of Policies. The minimum limits of policies of All insurance required of Tenant under by this Lease Article 14 shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, with a Best's rating of at least A and a financial size category of at least Class X, as set forth in which the Project most recent edition of Best's. Any insurance required under this Article 14 may be maintained under a "blanket policy", insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is located; not thereby diminished. Tenant shall provide Landlord a copy of each policy of insurance or a certificate thereof certifying that the policies contain the provisions required hereunder. Tenant shall deliver such policies or certificates to Landlord within (iv30) be primary insurance days after the Lease Date, but in no event less than ten (10) business days prior to the Commencement Date or such earlier date as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant or Tenant; (v) provide that said insurance shall 's contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not be canceled or coverage changed unless less than thirty (30) days’ days prior written notice shall have been given to the expiration of such coverage. All evidence of insurance provided to Landlord shall provide (i) that Landlord, Landlord's managing agent and any mortgagee or ground or underlying lessor of other person requested by Landlord (provided Tenant will not be in default if the insurance company refuses who has an insurable interest, is designated as an additional insured without limitation as to provide coverage afforded under such assurance)policy; (viii) contain a cross-liability endorsement or for severability of interest clause acceptable interests or that the acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to Landlordany other insured or additional insured; and (viiiii) with respect that the insurer agrees not to cancel or reduce the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before coverage under the Lease Commencement Date and policy without at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition prior written notice to all of its other rights and remedies under this Lease, and without regard additional insureds; (iv) that the aggregate liability applies solely to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Premises and the cost thereof shall be paid to Landlord as Additional Rent within thirty remainder of the Building; and (30v) days after delivery of bills thereforthat Tenant's insurance is primary and noncontributing with any insurance carried by Landlord.
Appears in 2 contracts
Samples: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 Tenant’s Property Insurance on any Tenant-Insured Improvements and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)trade fixtures. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefortrade fixtures.
Appears in 2 contracts
Samples: Office Lease (Coherus BioSciences, Inc.), Office Lease (Digital Domain Media Group, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name LandlordLandlord and Lenders, and any other party it so specifies in writing to Tenantif any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations to indemnify Landlord under Section 10.1 abovethis Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-IX[?] in Best’s 's Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedProperty Jurisdiction; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect . Tenant shall use its best efforts to cause such insurance policies to provide that the insurance required in Sections 10.3.1carrier will give Landlord and any additional insured thirty (30) days written notice before any such policy is canceled, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)expires or the coverage changed. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, after fifteen (15) days' prior written notice to Tenant, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within additional rent thirty (30) days after delivery to Tenant of bills therefor.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alltrista Corp), Asset Purchase Agreement (Alltrista Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.
Appears in 2 contracts
Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.
Appears in 2 contracts
Samples: Office Lease (Peregrine Systems Inc), Lease Option Agreement (Peregrine Systems Inc)
Form of Policies. The minimum limits Tenant’s insurance shall be issued by companies authorized to do business in the State of Ohio. Tenant shall have the right to provide insurance coverage pursuant to blanket policies of obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required of to be carried by Tenant under this Lease (except for worker’s compensation insurance) shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantreasonable number of parties designated by Landlord as additional insureds, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the as to liability assumed by Tenant under this Leasecoverages, includingbe written on an “occurrence” basis, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII provide that Landlord shall receive ten (10) days notice before any cancellation or change in Best’s Insurance Guide or which is otherwise acceptable to Landlord coverage, and authorized to do business in the state in which the Project is located; (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)any policies carried by Landlord. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty ten (3010) days before the expiration dates thereofof expiring policies. If Tenant shall fail to procure Notwithstanding the foregoing, if any such insurance, or to deliver such certificates and endorsements, within such time periodsinsurance expires without having been renewed by Tenant, Landlord may, at its shall have the option, in addition to all of its Landlord’s other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies insurance for the account of Tenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Rent. The limits of bills thereforthe insurance required under this Lease shall not limit liability of Tenant.
Appears in 2 contracts
Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be written by companies rated A/XII or better in “Best’s Insurance Guide” and authorized to do business in Utah, (ii) name Landlord, and any other party it so specifies in writing to Tenantparties designated by Landlord as additional insureds, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) as to liability coverages, be issued by written on an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; “occurrences” basis, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless receive thirty (30) days’ prior written notice shall have been given to Landlord from the insurer before any cancellation or change in coverage, and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viv) contain a crossprovision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and non-liability endorsement or severability contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Any deductible amounts under any insurance policies required hereunder shall be subject to Landlord’s prior written approval (which shall not be unreasonably withheld) and in any event Tenant shall be liable for payment of interest clause acceptable same in the event of any casualty. If requested by Landlord, Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord; and (vii) with respect to and, in the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsementsfailure, within If any such insurance expires without having been renewed by Tenant or if Tenant at any time periodsduring the Term of this Lease fails to procure such insurance, Landlord may, at its option, shall have the option in addition to all of its Landlord’s other rights remedies and remedies under this Lease, and without regard upon not less than five (5) days’ notice to any notice and cure periods set forth in Section 19.1, Tenant to procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. The limits of bills thereforthe insurance required under this Lease shall not limit the liability of Tenant.
Appears in 1 contract
Samples: Short Term Lease (Perseon Corp)
Form of Policies. The minimum limits of policies of insurance (a) Each policy required of Tenant under this Lease pursuant to Section 9.01 shall be in no event limit form and with insurers acceptable to the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, acting reasonably. The Insurance described in subsections 9.01 (a),(b) and any other party it so specifies in writing to Tenant, (c) shall name as an additional insured with the Landlord and anyone else designated in writing by the Landlord. All property damage and public liability insurance shall contain a provision for cross-liability or severability of interests as between the Landlord and the Tenant. Each policy maintained pursuant to subsections 9.01 (a),(b),(c) and (d) shall contain a waiver of any rights of subrogation which the insurer may have against the Landlord and those for whom the Landlord is in law responsible whether the damage is caused by the act, omission or negligence of the Landlord or such other Persons.
(b) Each policy required pursuant to Section 9.01 shall provide that: the insurer must notify the Landlord and any Mortgagee in writing at least thirty days prior to any material change or cancellation thereof; the policy shall not be invalidated in respect ,of the interests of the Landlord and any Mortgagee by reason of any breach of violation of any warranties, representations, declarations or conditions contained in such policies; and the policy will be considered as primary insurance and shall not call into contribution any other insurance that may be available to the commercial general liability insurance; Landlord.
(iic) specifically cover The Tenant shall furnish to the liability assumed Landlord, prior to the commencement of the Term, certified copies of all such policies and shall provide written evidence of the continuation of such policies not less than ten days prior to their respective expiry dates. The cost of premium for each and every such policy shall be paid by the Tenant. If the Tenant under this Lease, includingfails to maintain such insurance the Landlord shall have the right, but not limited tothe obligation, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business so, and to pay the cost of premium therefor, and in such event the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance Tenant shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect repay to the insurance required in Sections 10.3.1Landlord, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforRent, forthwith on demand the amount so paid.
Appears in 1 contract
Samples: Lease Agreement (Ids Intelligent Detection Systems Inc)
Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's beneficiaries, Landlord's Management Agent, the Mortgagees, any ground or underlying lessors of the Building, and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurance; insureds, (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 above; 14 of this Lease, (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; State of Illinois (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) 30 days’ ' prior written notice shall have been given to Landlord Landlord, Landlord's Management Agent, and any mortgagee Mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Building; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) 30 days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) five days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Space Lease (Noosh Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured insured, including Landlord’s managing agent (but only with respect regard to the commercial liability and general liability property insurance), if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:IX in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if unless such cancellation is the insurance company refuses to provide such assurance); (vi) contain a crossresult of non-liability endorsement or severability payment of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00premiums). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such -24- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.] insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Sorrento Therapeutics, Inc.)
Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided that Tenant will not be in default if the insurance company refuses to provide has received written notice of such assuranceentity's rights and address); and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before Tenant's entering onto the Lease Commencement Date Premises and at least thirty (30) five business days before following the expiration dates renewal date thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord and Landlord, ’s property manager (and any other party it so specifies in writing lender or lenders designated by Landlord to Tenant, ) as an additional insured with respect insureds (such requirement shall not apply to the commercial general liability worker’s compensation insurance); (ii) specifically cover be written on an “occurrence” basis and have a deductible which does not exceed the liability assumed deductible amount(s) maintained by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 abovesimilarly situated tenants in other Comparable Buildings; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide include an endorsement providing that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord Landlord; and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability separation of insureds endorsement or severability of interest clause acceptable to Landlord; . The cost of defending any claims made against any of the policies required to be carried by Tenant shall not be included in any of the limits of liability for such policies. It is the specific intent of Landlord and Tenant that all insurance held by Landlord (viior the Landlord Parties, as applicable) with respect to shall be excess above the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)to be obtained by Tenant under this Lease. Tenant shall deliver said policies or certificates thereof to Landlord on or before the Lease Commencement Date date Tenant takes possession of the Premises for any purpose and at least thirty (30) days before the expiration dates thereof. If Each certificate of insurance shall name Landlord as the certificate holder. Tenant shall either provide Landlord with a blanket additional insured endorsement which evidences the fact that each of the parties named above is covered as an additional insured on the Commercial General Liability Insurance policy required under Section 10.3.1 or originals of the endorsements to the Commercial General Liability Insurance policy providing equivalent or greater coverage than that provided by ISO Form CG 20 10 11 85, which include the following exact wording: It is agreed that Dublin Corporate Center Owner LLC, Xxxxx Interests Limited Partnership, and their respective members, managers, partners, officers, directors, affiliates, agents, employees, successors and assigns are additional insureds. The coverage under this policy is primary insurance with respect to liability arising out of the occupancy, maintenance or use of the premises leased to DOMA HOLDINGS, INC., a Delaware corporation. Such endorsements must be separate from certificates of insurance. Unless Tenant provides Landlord with a blanket additional insured endorsement which evidences the fact that each of the parties listed above is covered as an additional insured on the CGL policy required above, it is not acceptable to have the above-referenced language typed or written on the certificates of insurance in lieu of providing Landlord with the required endorsements. Each certificate of insurance and endorsement required hereunder must have an original signature. Rubber stamped signatures will not be accepted. Should Tenant at any time fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under provide the insurance required by this Lease, or should such insurance be cancelled, Landlord shall have the right (after giving Tenant five (5) days’ notice, with opportunity to cure such failure or cancellation), but not the duty, to procure the same and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and Tenant shall pay the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) ten days after delivery of bills thereforLandlord’s demand.
Appears in 1 contract
Samples: Office Lease (Doma Holdings, Inc.)
Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: required by this Article 14 (iexcluding any amounts self-insured pursuant to Section 14.4) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 (excluding any amounts self-insured pursuant to Section 14.4) may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished.). Tenant shall provide Landlord a certificate of each policy of insurance required hereunder or a letter of self-insurance. Tenant shall deliver such certificates or letter to Landlord within thirty (30) days after the Lease Date, but in no event later than the date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. All Tenant’s liability insurance (excluding any amounts self-insured pursuant to Section 14.4) shall provide (i) that Landlord, Landlord’s managing agent (TMG Partners R.E., LLC), any Encumbrancer, and any other person designated by Landlord which has an interest in the Project Building or the Project, is locateddesignated as an additional insured without limitation as to coverage afforded under such policy; (ii) for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); (iii) that the aggregate liability applies solely to the Project; and (iv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any Landlord. All Tenant’s insurance requirement of Tenant; (v) shall provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article.
Appears in 1 contract
Samples: Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies be written by companies rated A10 or better in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in "Best’s 's Insurance Guide or which is otherwise acceptable to Landlord Guide" and authorized to do business in the state in which the Project is located; California, (ii) name Landlord, SENTRE Partners, Inc. and any other parties designated by Landlord as additional insureds, (iii) as to liability coverages, be written on an "occurrences" basis, (iv) provide that Landlord shall receive at least thirty (30) days notice from the insurer before any cancellation or change in coverage, and (v) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Any deductible amounts under any insurance requirement of Tenant; policies required hereunder shall be subject to Landlord's prior written approval (v) provide that said insurance which shall not be canceled or coverage changed unless thirty (30unreasonably withheld) days’ prior written notice and in any event Tenant shall have been given to Landlord and be liable for payment of same in the event of any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and, in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord's other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. Notwithstanding the foregoing, if any such insurance expires without having been renewed by Tenant, Landlord shall have the option in addition to Landlord's other remedies to procure such insurance for the account of bills thereforTenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Charges. The limits of the insurance required under this Lease shall not limit the liability of Tenant. Tenant's obligation to carry insurance set forth herein shall commence on the Commencement Date.
Appears in 1 contract
Samples: Office Building Lease (Omm Inc)
Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Tenant either party under this Lease. Such Tenant’s insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial on Tenant’s general liability insurancepolicy on a blanket basis, Landlord, and all mortgage or deed of trust holders or lessors of any underlying ground leases respecting the Real Property, the identity of whom Landlord has provided Tenant with not less than thirty (30) days prior written notice; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s indemnification obligations under Section 10.1 aboveof this Lease except to the extent such obligations arise as a result of a default by Tenant; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or such lesser rating which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable clause. Landlord’s insurance shall comply with the requirements of clauses (ii) and (iii) above, with all references to Landlord in such clauses modified to refer to Tenant, and all references to Tenant modified to refer to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof send a link to the Memorandum of Insurance to Landlord on at or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodsprovide the Memorandum of Insurance, Landlord may, at its option, in addition upon at least fifteen (15) days’ prior written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of the bills thereforthereof, unless within such fifteen (15) days, Tenant procures such insurance (if Tenant did not have coverage) and delivers to Landlord a Memorandum of Insurance as required above. Tenant shall provide Landlord written notice of its receipt of any notice of cancellation of any insurance or of any coverage changed below that required herein. Upon reasonable request by Tenant, Landlord shall make available for Tenant’s review at the Retail Area management office, copies of the applicable insurance policies evidencing the existence of Landlord’s required insurance hereunder.
Appears in 1 contract
Samples: Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Landlord and Tenant under this Lease shall in no event limit the liability of Tenant or Landlord under this Lease. Such Tenant’s insurance shall: (i) with respect to commercial general liability insurance and automobile liability insurance, name Landlord, and any other party it so specifies in writing property manager of the Building and mortgagee of the Building whose names have been provided by Landlord to Tenant, as an additional insured insureds, as their respective interests may appear; (ii) with respect to the commercial general liability insuranceProperty Insurance described in Sections 10.3.2(ii) and (iii) above, name Landlord and any mortgagee of the Building as co-loss payees, along with Tenant, as their respective interests may appear; (iiiii) specifically cover the liability assumed by Tenant under this LeaseLease to the extent insurable by a commercially reasonably available commercial general liability policy, including, but not limited to, Tenant’s obligations under Section 10.1 10.1.1 above; (iiiiv) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized allowed to do business in the state in which the Project is locatedState of California; (ivv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement include commercially reasonable deductibles. Tenant shall notify Landlord if any of Tenant’s insurance policies will be cancelled or severability of interest clause acceptable to Landlord; and (vii) with respect to coverage reduced promptly after Tenant receives notice thereof from the applicable insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)provider. Tenant shall deliver certificates thereof evidencing such policies to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periods, Landlord may, at its option, in addition after at least two (2) business days’ written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor. At Tenant’s option, Tenant may provide the coverages required under this Article 10 through blanket policies of insurance covering Tenant’s other properties so long as the coverage required under this Lease with respect to the Premises and Project is not reduced or impaired as a result thereof (including as a result of any claims made or aggregate limits with respect to such other properties).
Appears in 1 contract
Samples: Office Lease (United Online Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, Landlord (and any other party it so specifies in writing to Tenant, mortgagee or ground or underlying lessor of Landlord after Landlord's written request therefor) as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.1 and 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.
Appears in 1 contract
Samples: Lease (Biotime Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, Landlord’s lenders, the lessors of any ground or underlying lease with respect to the Real Property and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this LeaseLease to the extent insurable by a commercially reasonably available Commercial General Liability Policy, including, but not limited to, Tenant’s Tenants obligations under Section 10.1 aboveArticle 2 of this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Real Property is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been be given to Landlord and any mortgagee or ground or underlying lessor in accordance with the provisions of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)policy; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.110.2(a), 10.3.2 10.2(b), 10.2(d) and 10.3.4 10.2(e) above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)5,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty within fifteen (3015) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.116.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent additional rent within thirty ten (3010) days after delivery of bills therefor.
Appears in 1 contract
Samples: Office Lease (Nuvectra Corp)
Form of Policies. The minimum limits of policies of insurance required of Landlord and Tenant under this Lease shall in no event limit the liability of Tenant either party under this Lease. Such Tenant's insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured Landlord, and all mortgage or deed of trust holders or lessors of any underlying ground leases respecting the Real 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] Property, the identity of whom Landlord has provided Tenant with respect to the commercial general liability insurancenot less than thirty (30) days prior written notice; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's indemnification obligations under Section 10.1 aboveof this Lease except to the extent such obligations arise as a result of a default by Tenant; (iii) be issued by an insurance company having a rating of not less than A–/VII A-V11 in Best’s 's Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord the identity of whom Landlord has given Tenant thirty (provided Tenant will not be in default if the insurance company refuses to provide such assurance); 30) days prior written notice: and (vi) contain a cross-liability endorsement or severability of interest clause acceptable clause. Landlord's insurance shall comply with the requirements of clauses (ii) and (iii) above, with all references to Landlord in such clauses modified to refer to Tenant, and all references to Tenant modified to refer to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on at or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition upon at least fifteen (15) days' prior written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor. Upon reasonable request by Tenant, Landlord shall make available for Tenant's review at the Building management office, copies of the applicable insurance policies evidencing the existence of Landlord's required insurance hereunder.
Appears in 1 contract
Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: , by endorsement, (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord, (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant in writing; provided, however, that if Tenant’s insurance carrier will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable notice to Landlord; and (vii) with respect , then Tenant must provide such written notice to Landlord within the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 time frame set forth above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Life360, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.1 and 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If , In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Pacific Mercantile Bancorp)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceor loss payee, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viivi) with respect provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its officers, directors and any employees, Landlord's property manager, and all other party it so specifies in writing to Tenant, persons and/or entities as an reasonably directed by Landlord as additional insured with respect to the commercial general liability insuranceinsureds (hereinafter "Additional Insureds"); (ii) specifically cover cover, including any Additional Insured endorsements, the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease, using Insurance Service Organization's form 2010 1185 or a comparable form approved by Landlord; (iii) if Tenant uses a Blanket Additional Insured Form, such form shall not exclude any Additional Insured from coverage because they are not a party to this Lease; (iv) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (ivv) other than with respect to Worker's Compensation coverage, be primary and non-contributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vvi) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assuranceexcept for cancellation for non-payment of premium); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the Tenant's commercial general liability coverage (including Additional Insured endorsements, and primary and non-contributory endorsements), property insurance required and Worker's Compensation and Employer's Liability coverage shall include a waiver of subrogation endorsement in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)favor of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.. 788288.01/WLA 375755-00007/8-9-18//ejw -23- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc.
Appears in 1 contract
Samples: Office Lease (Roku, Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent, Attached to the XXXXX 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company. If Upon Landlord’s request. Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.
Appears in 1 contract
Samples: Office Lease (Rocket Fuel Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to TenantLandlord may reasonably specify, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder arising within the Premises and provide that any insurance carried by Landlord with respect to claims arising within the Premises is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and or any mortgagee or ground or underlying lessor of Landlord (whose names and addresses have been provided Tenant will not be in default if the insurance company refuses by Landlord together with a specific reference to provide such assurance)this requirement; and (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates date thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, upon five business days prior notice to Tenant, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Lease Date, but in which no event later than the Project date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. Tenant shall (1) add Landlord, Landlord’s managing agent, any Encumbrancer, and any other person reasonably requested by Landlord as an additional insured pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 37 10 01 or its equivalent on Tenant’s liability insurance policies (except workers’ compensation insurance), and (2) ensure that such insurance is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried or self-insurance maintained by Landlord is excess and is non-contributing shall not contribute with any it. Tenant shall endeavor to cause all of its insurance requirement of Tenant; (v) policies to provide that said insurance shall the insurer cannot be canceled cancel such policy or materially reduce coverage changed unless without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material reduction of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Ter ' hereunder shall be subject to Landlord's prior written approval, which Landlord may give or withhold its reasonable discretion.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies reasonably identified by Landlord (to the extent such third party has a vested economic interest in writing to Tenantthe Project), as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates and applicable endorsements thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition upon notice to all Tenant and the expiration of its other rights and remedies under this Lease, and without regard to any notice and a fifteen (15) day cure periods set forth in Section 19.1period, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Xxxxxxxx's lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Xxxxxxxx's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-non- contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Aadi Bioscience, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) in the case of the coverage required under Sections 10.3.1 and 10.3.3 above, name Landlord, and any other party it so specifies in writing to TenantLandlord reasonably specifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) if commercially available, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be provided, however, that as of the date of this Lease, Landlord acknowledges that a majority of insurers are unwilling to provide the endorsement described in default this clause (vi) and agrees that if the insurance company refuses Tenant’s insurer is similarly unwilling to provide such assurance); endorsement, Tenant’s obligation pursuant to the provisions of this clause (vi) contain a cross-liability endorsement shall be to promptly notify Landlord upon receipt by Tenant of any notice from Tenant’s insurer of any cancellation, failure to renew, reduction of amount of insurance or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required change 35654\12546889.9 06907\011\8493037.v6 in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00coverage). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty within seven (307) days before following the expiration renewal dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Penumbra Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord (and if Landlord so elects, Landlord, 's partners) and any other party it so specifies in writing to Tenant, Lanxxxxx'x lender(s) as an additional insured with respect to the commercial general liability insuranceaddixxxxxx insureds thereunder; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by with an insurance company having authorized to do business in Indiana and which has a general policy rating of A or better and a financial class of VI or better by A.M. Best Company, Inc. (or if a rating of not less than A–/VII in Best’s Insurance Guide A.M. Best Company Inc. is no longer available, a similar rating from a similar or successor service) or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is locatedLandlord; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is not excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date date Tenant takes possession of the Premises and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof (and a reasonable administrative fee) shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor. Tenant's obligation to carry the insurance required under Section 10.2 may be satisfied by inclusion of the Premises within the coverage of a so-called "blanket" policy or policies of insurance, provided that the coverage afforded Landlord will not be diminished by reason thereof and that the requirements set forth in this Section 10.4 are otherwise satisfied.
Appears in 1 contract
Samples: Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Additional Insureds, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured insured, with respect to the commercial general liability insuranceexception of Worker's Compensation and Employers Liability per Section 10.3.4 above; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (viv) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viiv) with respect Tenant shall provide Landlord no less than thirty (30) days' written notice prior to the cancellation, non-renewal, or material alteration of any of Tenant's Insurance policies. If the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages), Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance required to insure all liability arising from such activity or matter, including liquor liability, if applicable, in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible such amounts not exceeding One Hundred Thousand Dollars ($100,000.00)as Landlord may reasonably require. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the date Tenant enters or occupies the Premises or, if earlier, the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. No review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord's rights or Tenant's obligations hereunder. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof thereof, plus Landlord's reasonable standard administrative fee, shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. In addition, any such deductible or self-insured retention amount required under Tenant's insurance policies shall not exceed $25,000, unless otherwise approved by Landlord in writing. Any such deductible and self-insured retention amount shall be the sole responsibility of Tenant.
Appears in 1 contract
Samples: Office Lease (INPHI Corp)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII in BestA-VIII. Tenant’s Commercial General Liability Insurance Guide or which is otherwise acceptable to shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “XXXXX 25” (Certificate of Liability Insurance) and “XXXXX 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the XXXXX 25 (or equivalent) there shall be an endorsement (or an excerpt from the policy) naming the Additional Insured Parties as additional insureds, and attached to the XXXXX 28 (or equivalent) there shall be an endorsement (or an excerpt from the policy) designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement (or policy excerpt) shall be binding on Tenant’s insurance company. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with certificates of coverage in a timely manner, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest (at the rate that is at the lesser of 10% per annum or the highest rate permitted by Law) from the date such sums are expended. Tenant shall fail have the right to procure provide such insuranceinsurance coverage pursuant to blanket/umbrella policies obtained by Tenant, or provided such blanket/umbrella policies expressly afford coverage to deliver such certificates the Premises and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under Tenant as required by this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.
Appears in 1 contract
Samples: Office Lease (Poshmark, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Property, Commercial General Liability, and Umbrella insurance shall: policies shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceor loss payee, as applicable, including Lxxxxxxx’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide such that any insurance carried by Landlord is excess and is non-contributing with any the Property, Commercial General Liability, and Umbrella insurance requirement required of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have has been given to Tenant (who shall then promptly provide notice thereof to Landlord and any mortgagee or ground or underlying lessor of Landlord Landlord) (provided Tenant will not be in default if unless such cancellation is the insurance company refuses to provide such assurance); (vi) contain a crossresult of non-liability endorsement or severability payment of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00premiums). Tenant shall deliver said certificates thereof of insurance to Landlord on or before the Lease Commencement Date and at least thirty five (305) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease (Alumis Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A–/VII A-/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent reasonably available based on then insurance industry custom and practices, provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide that such assuranceprovision is commercially available); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Fifty Thousand Dollars ($100,000.0050,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty five (305) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Anacomp Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. The commercial general liability policy maintained by Tenant shall name by endorsement, Landlord and Landlord's manager as additional insured with a properly executed "Form B-2010, 1985 Edition" endorsement or equivalent. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be an occurrence policy (or policies); (ii) name Landlord, the Project or Building manager or managers, and any other party it so specifies having an interest in writing to Tenant, the Project as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveinsured; (iii) be issued by an insurance company having a rating General Policyholders Rating of not less than A–/VII B+ or better and a financial size of "VI" or better, as set forth in the most current issue of Best’s Insurance Guide 's Rating Guide, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord's; and (vi) with respect to the liability insurance described in Section 12.2.1, contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; . Any insurance policies required hereunder may be part of a blanket policy with a "per project, per location" endorsement so long as such blanket policy contains all provisions required hereby and (vii) with respect to does not reduce the insurance required in Sections 10.3.1coverage, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)impair the rights of either party or negate the requirements of this Lease. Tenant shall deliver said policy or policies or certificates thereof thereof, together with any endorsements reflecting the changes to the policy required to comply with the requirements of this Lease, to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereofdate of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and appropriate endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof plus a ten percent (10%) handling charge shall be paid by Tenant to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Lease Agreement (Viasat Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty twenty (3020) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition option and upon ten (10) day prior written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Subrogation. Landlord and Tenant intend that their respective property loss risks shall be borne by reasonable insurance carriers to the extent above provided, and Landlord and Tenant hereby agree to look solely to, and seek recovery only from, their respective insurance carriers in the event of a property loss to the extent that such coverage is agreed to be provided hereunder. The parties each hereby waive all rights and claims against each other for such losses, and waive all rights of subrogation of their respective insurers, provided such waiver of subrogation shall not affect the right of the insured to recover thereunder. The parties agree that their respective insurance policies are now, or shall be, endorsed such that the waiver of subrogation shall not affect the right of the insured to recover thereunder, so long as no material additional premium is charged therefore.
Appears in 1 contract
Samples: Office Lease (Tekelec)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed canceled, other than for non-payment, unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least within thirty (30) days before of the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementscertificate, within such time periods, Landlord may, at its optionoption after ten (10) days written notice, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.
Appears in 1 contract
Samples: Lease Agreement (Zendesk, Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Salon Media Group Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the she state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 10.3.1 and 10.3.4 10.3.3 above, have deductible amounts not exceeding One Hundred Twenty Five Thousand Dollars ($100,000.00)25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Landlord may from time to time ask Tenant to seek or obtain other coverages or higher limits or broader coverage for required coverages, including adjustments required by holders of indebtedness secured by the Project, and Tenant shall then use its best efforts promptly to obtain the coverages or limits.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease to the extent consistent with commercially standard policies of such insurance coverage; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage materially changed unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Favrille Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and Landlord’s Mortgagee. If the use and occupancy of the Premises include any mortgagee activity or ground matter that is or underlying lessor may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of Landlord (provided alcoholic beverages), Tenant will not be in default if the insurance company refuses to provide shall obtain such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect endorsements to the commercial general liability policy or otherwise obtain insurance required to insure all liability arising from such activity or matter (including liquor liability, if applicable) in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible such amounts not exceeding One Hundred Thousand Dollars ($100,000.00)as Landlord may reasonably require. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the date Tenant enters or occupies the Premises or, if earlier, the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant’s insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. No review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord’s rights or Tenant’s obligations hereunder. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof thereof, plus Landlord’s standard administrative fee, shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Sublease Agreement (Snowflake Inc.)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses form and content reasonably acceptable to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; provided, any lapse in coverage shall be deemed self-insured by Tenant and (vii) with respect Landlord shall have the immediate right to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)procure replacement coverage at Tenant's cost. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Notwithstanding anything to the contrary herein, Tenant shall be permitted to carry the insurance required by Sections 10.3.1 and 10.3.2, above, under a "blanket" policy which also covers other locations of Tenant's business operations, provided that the coverage afforded by reason of the use of such "blanket" policy shall not be reduced or diminished from the amounts set forth hereinabove, and further provided that such "blanket" policy allocates an appropriate replacement amount to cover the cost of the Tenant Improvements and the Original Improvements.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s managing agent, and any other party it the Landlord so specifies in writing to Tenant(“Additional Insured Parties”), as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with . With respect to the insurance required in Sections 10.3.1umbrella liability coverage, 10.3.2 Tenant, at Tenant’s sole expense, shall procure a “per location” endorsement or equivalent reasonably acceptable to Landlord so that the general aggregate and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)other limits apply separately and specifically to the Premises. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof, a certification from Tenant’s insurance company on the forms currently designated “XXXXX 28” (Evidence of Commercial Property Insurance) and “XXXXX 25-S” (Certificate of Liability Insurance), or the equivalent, provided that attached to the XXXXX 25-S is an endorsement naming the Additional Insured Parties as additional insureds, which shall be binding on Tenant’s insurance company, and which shall expressly contain an unconditional obligation of the insurance company to advise all of the Additional Insured Parties in writing by certified mail, return receipt requested, at least thirty (30) days in advance of any termination or change to the policies that would affect the interest of any of the Additional Insured Parties, except that ten (10) days’ prior written notice may be given in the case of nonpayment of premiums. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Form of Policies. The minimum limits All policies shall be written in a form satisfactory to Landlord and shall be maintained with insurance companies holding a “General Policyholder’s Rating” of A, and a financial rating of X, or better, as set forth in the most current issue of “Best’s Insurance Guide”. Insurance policies of insurance required of carried by Tenant under this Lease hereunder shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord and if requested, Landlord, and any other party it so specifies in writing to Tenant, ’s lenders) as an additional insured with respect and provide certificate(s) of insurance thereof to the commercial general liability insurance; Landlord’s lenders) if applicable, (ii) be ant occurrence policy (or policies), (iii) specifically cover the liability assumed by Tenant under this Lease, Lease including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord 8.4 and authorized to do business in the state in which the Project is located; Section 12.7 hereof, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance requirement required of Tenant; , and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord. Tenant shall deliver to Landlord and Landlord’s lenders) if applicable copies of policies or original certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except alter thirty (30) days’ prior written notice to Landlord. Tenant shall, within ten (10) days prior to the expiration of such policies, furnish Landlord with renewals or “binders” thereof, or Landlord may order such insurance and charge the cost thereof to Tenant as Additional Rent. Notwithstanding anything to the contrary contained herein, Tenant’s obligation to carry insurance may be satisfied by coverage under a so-called “blanket policy” or policies of insurance; and (vii) provided, however, that all insurance certificates provided by Tenant to Landlord pursuant to Section 4.6 herein shall reflect that Tenant has been afforded coverage specifically with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodsPremises, Landlord mayand Landlord’s mortgagee(s) or beneficiary(ies) shall be named as additional insured’s as their interests may appear, at its option, in addition to all of its other rights the coverage afforded Landlord shall not be reduced or diminished and remedies under this Lease, and without regard to any notice and cure periods the requirements set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof this Lease shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforotherwise satisfied by such blanket policy or policies.
Appears in 1 contract
Samples: Lease Agreement (Bank Holdings)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: required of Tenant may be subject to standard deductibles. All insurance shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California; and (ii) provide that said insurance shall not be canceled or coverage changed in a manner which may be adverse to Landlord unless ten (10) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord of which Tenant has at least ten (10) days’ prior notice. In addition, the insurance described in Section 7.3.1 shall (a) name Landlord, and any other party related to the Project is locatedspecified by Landlord, as an additional insured; (ivb) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of this Lease (but only to the extent that such coverage is typically afforded by a typical liability policy); and (c) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent of losses arising out of the acts or omissions of Tenant. Tenant shall deliver certificates thereof of all policies to Landlord on or before the Lease Commencement Date and at least thirty (30) days proof of continuation of coverage before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition (i) deny Tenant the right to all of its other rights and remedies under this Leaseoccupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), and without regard or (ii) upon at least ten (10) days’ prior notice to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Health Net Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before after the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request copies of policies of Tenant's insurance required hereunder, which Tenant shall thereafter provide within ten (10) business days. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Zeltiq Aesthetics Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantwhich Landlord specifies, as an additional a named insured with respect to including without limitation one or more loss payee endorsements in favor of the commercial general liability insuranceholders of any mortgages or deeds of trust encumbering the interest of Landlord in the Demised Premises or the ground or underlying lessors of the Land, or any portion thereof; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord or Landlord's Mortgagees and authorized licensed to do business in the state State(s) in which the Project Demised Premises is located; (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (viv) provide that said insurance shall not be canceled cancelled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee lender or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord's; (viv) contain a cross-cross liability endorsement or severability of interest clause acceptable to Landlord; and (viivi) shall not have a deductible in excess of $250,000.00. To the extent that Landlord carries liability insurance on the Premises and the Real Property, and Tenant has an insurable interest thereunder over and above the insurance coverage that it is required to maintain under this Article 10, Landlord shall attempt to name Tenant as an additional insured thereunder, as its interest may appear, so long as such naming will not have any effect on Tenant's obligations under this Article 10 or the nature, effect or extent of the insurance coverage required to be maintained hereunder by Tenant. Tenant shall, at Tenant's sole cost and expense, comply with respect all insurance company requirements pertaining to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.Demised
Appears in 1 contract
Samples: Master Lease Agreement (One Liberty Properties Inc)
Form of Policies. The minimum limits of policies of insurance required of to be carried by Landlord and Tenant under this Lease shall in no event limit the liability of Tenant or Landlord under this Lease. Such Tenant’s insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantproperty manager and mortgagee of Landlord, as an loss payees or additional insured with respect insureds, as their respective interests may appear (for the insurance to the commercial general liability insurancebe provided under Sections 10.3.1, 10.3.2(ii) and 10.3.2(iii) above, only); (ii) specifically cover the liability assumed by Tenant under this LeaseLease to the extent insurable by a commercially reasonably available Commercial General Liability Policy, including, but not limited to, Tenant’s obligations under Section 10.1 above10.1.1 of this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized approved to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed below the minimum amounts required hereunder unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord, to the insurance company refuses extent such names are furnished to provide such assurance)Tenant; (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect to include commercially reasonable deductibles (which shall in no event exceed $100,000.00 for the insurance required in Sections 10.3.1, 10.3.2 10.3.2(ii) and 10.3.4 (iii) above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty fifteen (3015) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periods, Landlord may, at its option, in addition option after at least two (2) business days’ written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor. At Tenant’s option, Tenant may provide the coverages required under this Article 10 through blanket policies of insurance covering Tenant’s other properties so long as the coverage required under this Lease with respect to the Premises and Real Property is not reduced or impaired as a result thereof (including as a result of any claims made or aggregate limits with respect to such other properties).
Appears in 1 contract
Samples: Office Lease (United Online Inc)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies reasonably identified by Landlord (to the extent such third party has a vested economic interest in writing to Tenantthe Project), as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ ' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within fifteen (15) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Fair Isaac Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant and Landlord under this Lease shall in no event limit the liability of Tenant and Landlord, as applicable, under this Lease. Such Tenant insurance shall: shall (i) with respect to liability coverage, name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably consistent with the commercial leasing market in the geographic region in which the Project is located. Tenant shall provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee at least ten (10) days prior notice of cancellation or ground or underlying lessor of Landlord (provided Tenant will not be material adverse change in default if Tenant’s insurance so that it becomes less than the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance coverages required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)by this Lease. Tenant shall deliver certificates thereof of its policies to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights option and remedies under this Lease, and without regard to any after notice and cure periods set forth in Section 19.1Tenant’s failure to show evidence of such coverage within five (5) business days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Atlassian Corp PLC)
Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.
Appears in 1 contract
Samples: Office Lease (Ixia)